Underage DUI

San Diego DUI Defense Attorney

California Underage DUI

If a person under the age of 21 is arrested for DUI / drunk driving in California, they face the possibility of three separate DUI penalties:

I. The DUI Zero-Tolerance Law: A One Year License Suspension

California Vehicle Code 23136 makes it illegal for a minor, juvenile or person under 21 years of age to drive a vehicle with a blood alcohol concentration (BAC) of .01 or greater.

If it is determined that the underage driver has a BAC of .01 or greater, the officer will confiscate their drivers license. The minor will then be entitled to a DMV hearing as to whether the evidence confirms their BAC was at least .01 while driving.

If the minor loses their DMV hearing, their California drivers license will be suspended for one year. If the minor wins the DMV hearing, no driver’s license suspension will be imposed.

The underage person arrested for DUI / drunk driving has the right to be represented by a DUI defense attorney at the DMV hearing. They also have the right to testify, call witnesses, and cross-examine the state’s witnesses.

II. Infraction For Drivers Under 21 With a BAC of .05 or Higher

California Vehicle Code 23140 states it is an infraction for a minor, a juvenile or a person under 21 to drive a vehicle with a BAC of .05 or higher.

If a minor is convicted of this section as well as the standard adult DUI charge (driving under the influence or driving with a BAC of .08 or more), the court may require them to attend an alcohol education/rehabilitation program for young offenders.

III. The Standard California DUI Charges

If the underage driver appears to be under the influence, or a breath or blood test determines a BAC of .08 or higher, they will likely be charged with an adult misdemeanor crime of DUI.

If convicted, the court will impose the same DUI / drunk driving penalties that it does on an adult: probation, fines, an alcohol program, a driving restriction, and possibly jail time and/or community service. However, these penalties come in addition to the two mentioned above: the .05 BAC alcohol rehabilitation program and the zero tolerance one-year license suspension.

Underage DUI Lawyer in San Diego

Have you been arrested for drunk driving or DUI while underage in San Diego? You need an attorney experienced in underage DUI cases. Your San Diego DUI lawyer will not only help your case, but will defend you and your constitutional rights. Don’t risk your future, family, employment or reputation after a DUI conviction. Contact DUI Crew to speak with someone who can answer your questions and assist in getting a favorable outcome of your case.
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Do I need an lawyer?

It is in your best interest to retain a San Diego DUI attorney after being arrested. Don’t risk your freedom, license and having a criminal record, get help from an experienced attorney at DUI Crew.

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What options do I have?

I was arrested for DUI, what can I do about it? After being arrested for DUI you may be unsure of what to do and what your options are. Our experienced attorneys will guide you through the process.

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Get Answers to Your Questions

We strive to be a one-stop source for your legal questions. Get answers to your questions about DUI, drunk driving, the DMV, court processes and much more on our FAQ’s page.


“Howard did an amazing job defending me in my under 21 years of age DUI case, which was a complex and difficult one. He took care of both my DMV hearing and court case in a very efficient and timely manner. I hired Howard because, (1) he listened and was genuinely concerned about my well being, (2) he was honest and did not make any promises about the potential outcome of my case, (3) he kept in touch and informed me each step of the way, (4) he treated me with respect, and (4) his fees were fair and reasonable. I highly recommend Howard to anyone who needs a DUI attorney.”  – Client 2012

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1650 Hotel Circle North
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San Diego, CA 92108
Phone: (619) 500-9939
Website: www.duicrew.com


This website is for informational and promotional purposes only and is deemed accurate at the time of publishing. This notice does not create any attorney-client relationship between DUI Crew, and potential clients, nor shall any information in this document be considered privileged in accordance with such relationships or constitute legal advice. Further, this website is an advertisement and communication which contains testimonials about or endorsements by past and current clients of DUI Crew. Each case is unique with its own facts and the law is constantly evolving. When you read how and you should keep in mind that this testimonial or endorsement does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. The video features a paid actor, not an actual attorney.