1st Offense DUI Under 21

Defending Your Rights After a First DUI Under 21

The APS (Administrative Per Se) Zero Tolerance Law was enacted in 1994 in order to strongly deter drunk driving among those under 21 years of age. According to this law, the California Department of Motor Vehicles must suspend or take away a violator’s driving privileges if he or she either refuses to submit a PAS (preliminary alcohol screening) test or tests a BAC (blood alcohol concentration) level of 0.01% or more.

A 1^st offense DUI conviction can happen in a short time-span, but its negative effects are everlasting and damaging on one’s career goals and pursuits. Hiring an experienced lawyer is the only way to ensure that your case is handled fairly. Those facing charges in Riverside County, Los Angeles County, Orange County, or San Diego County are encouraged to contact our law office for a free confidential case evaluation.

If you are facing a first-offense DUI under 21 in Southern California, contact our experienced DUI defense attorneys today for a confidential case evaluation and help protecting your license and future.

What To Expect After an Underage DUI

Upon being arrested for a DUI as someone under 21, the police officer will confiscate your driving license in order for your driving privileges to be suspended or revoked following the Vehicle Code sections 23136, 13353.1, 13388, and 13392. However, before your suspension starts, the police officer will issue you or the DMV will send you via mail a Suspension/Revocation Order that is a Temporary License for a thirty-day duration. At the end of these thirty days, your driving privileges are officially prohibited, which means that you are legally unable to drive and will be prosecuted heavily if you decide differently. It is important to note that a temporary license may be able to obtained depending on the specific situation.

Legal Penalties for an Under 21 DUI

A BAC level of 0.01-0.04% while under 21:

• Being tested with a BAC level of 0.01-0.04% while being under the drinking age in California is a civil penalty that is usually governed by the DMV where the offender will not have to appear in court but rather in a DMV hearing. Of course, one’s attorney can still appeal an underage DUI charge on behalf of his or her client despite the penalty being civil and not criminal.

• If you are under the age of 21 and refuse to take the PAS test or test to have a BAC level of 0.01% or more, you will be deprived of your driving privileges for at least one year, following the Zero Tolerance Law. If you commit a second offense within a ten-year period, your license will be taken away for two more years. The consequence of a third or more offense will be a three-year revocation of one’s ability to drive a motorized vehicle.

• Depending upon your case, you may be able to request and receive a restrictive license at any DMV field office, as long as you can provide proof that your license will be used for transportation to work or to school.

• When you have fulfilled all the requirements, you will then be issued a new California driver’s license. If you are under 21, you will have to pay a $100 reissue penalty and will have to prove that you have financial responsibility or that someone else is financially responsible for you.

A BAC level of 0.05%-0.07% while under the legal drinking age:

Being under the legal age for consuming alcohol with a blood alcohol concentration level of 0.05%-0.07% means that you will face a civil and criminal penalty. You will be charged with a misdemeanor under California Vehicle Code 23140 while still facing the civil penalty charges.

• A 1st conviction will follow a penalty of $100.
• A 2nd conviction within a year will follow a $200. penalty
• A 3rd conviction within a year will follow a $300 penalty.

A BAC level of 0.08% or above while under 21:

Even though the penalties of each case are contingent upon the uniqueness of the case, the penalties of a DUI with a BAC level of 0.08% or above usually applies to everyone regardless if someone is under 21 years of age. The civil penalties still apply while the criminal penalties become more severe.

• You will be on a driving probation between three to five years.
• You will have to pay fines from $390 to $1,000.
• You will have to serve at least a year in county jail.
• You have to attend classes at an alcohol abstinence program such as Alcoholic Anonymous, which the court approves.

If alcohol is found within the car upon the time of the DUI charge, you will face these additional consequences.

• You car will be impounded for a duration from one to thirty days.
• You will at least have to serve six months in jail.
• You will be mandated to pay fines up to $1,000.

Possible School Penalties

While the repercussions of a 1^st offense DUI primarily deal with the loss of driving privileges, the serving time in jail and in alcohol betterment course, and the paying of outstanding fees, a DUI may also affect school and future employment opportunities. The main adversity that all DUI offenders must face is the declaring of one’s DUI conviction on a college and employment application. One must report his or her driving offense under the section labeled criminal history. Declaring that you have driven under the influence may thwart an opportunity at receiving a good education or a good job in the future, especially when today’s universities and vocations are getting even more competitive.

A private high school or a private university may even damage a student’s current academic career or even suspend him or her for the incurred DUI. For instance, the prestigious Stanford University carries out this practice and justifies it as being in violation of Stanford’s Honor Code. If such an offense were made on Stanford’s campus, a student would have to be automatically referred to the Office of Community Standards to hinder one’s permanent academic record. This is just one of the many private institutions that have their own rules and pejorative responses to drinking and driving.

Defense Strategies

As mentioned before, an underage driver who tests a BAC level of 0.01% or above is in violation of the Zero-Tolerance Law. Such a violation or refusal to take the PAS test will charge an individual with a DUI that could incriminate his or her current opportunities but also and more importantly his or her future ones. One’s only real hope at readdressing the situation and arguing one’s innocence is through a highly-trained DUI Defense attorney. Good representation is the difference in many driving under the influence cases where the offender is actually innocent of a civil or criminal defense. An attorney with a proven-success record knows how to analyze the data and assess if the police officer on duty was following correct protocol and treated the alleged offender fairly.

Frequently Asked Questions

Can I Be Charged With DUI If My BAC Is Below 0.08% and I Am Under 21?

Yes. Drivers under 21 are subject to California's zero-tolerance alcohol law, meaning a BAC of 0.01% or more can trigger an administrative license suspension. A BAC below 0.08% may also lead to separate consequences depending on the circumstances. The applicable penalties can depend on your age, BAC, whether you refused testing, and whether additional DUI allegations are involved.

What Is the Difference Between an Under-21 DUI and a Regular DUI?

California imposes additional restrictions on drivers under 21 because they are subject to zero-tolerance rules for alcohol. A driver under 21 may face DMV consequences at a BAC level far below the 0.08% threshold generally associated with adult DUI charges. The specific consequences depend on the driver's age, BAC, test results, and other circumstances surrounding the stop or arrest.

Can I Lose My License Even If I Am Not Convicted of DUI?

Yes. California's administrative license suspension process is separate from the criminal court case. The DMV may take action based on an underage driver's BAC or refusal to submit to a required chemical test even if the criminal case is later dismissed or the driver is acquitted. A DMV hearing may provide an opportunity to challenge the proposed suspension.

How Long Do I Have to Request a DMV Hearing After an Underage DUI Arrest?

The deadline to request a DMV hearing is short, and waiting too long can result in losing the opportunity to challenge an administrative suspension. The precise deadline and procedures depend on how the suspension order was issued and the circumstances of the arrest. An attorney can help determine whether a hearing should be requested and prepare a challenge to the DMV action.

Can I Challenge the Results of a Breath Test?

Potentially. Breath-test evidence can be examined for issues involving the equipment, calibration, administration of the test, timing, and the officer's compliance with applicable procedures. Other circumstances may also affect the reliability of the result. An Orange County underage DUI lawyer can review the available testing records and determine whether the result can be challenged.

Can a First DUI Under 21 Affect My Auto Insurance?

It can. A DUI-related conviction or driving record entry may cause insurance rates to increase or make obtaining coverage more difficult. The effect varies between insurance companies and depends on the driver's record and other factors. The consequences can be particularly significant for young drivers who already tend to face higher insurance costs.

Can My Parents Find Out About My Underage DUI?

The answer can depend on the driver's age and circumstances. Parents or guardians may become aware of an underage DUI through the arrest, court proceedings, DMV correspondence, insurance consequences, or other sources. If you are a minor, additional rules may affect how your case is handled. An attorney can explain what to expect based on your specific situation.

Will a First DUI Under 21 Stay on My Criminal Record?

A DUI-related offense can have lasting consequences, although the way it appears on a criminal or driving record depends on the specific charge and outcome. A conviction may affect employment, education, insurance, and professional opportunities. Depending on the final disposition and applicable California law, there may eventually be options for obtaining relief from certain consequences.

What Happens If I Refused a Chemical Test?

Refusing a required chemical test can lead to separate DMV consequences and may create additional issues in a DUI prosecution. California's implied-consent laws impose obligations on drivers who are lawfully arrested for DUI. The consequences can vary based on the circumstances and whether the driver has previous DUI-related violations. An attorney can evaluate whether the refusal and the underlying stop were legally handled.

Should I Hire a Lawyer for a First DUI Under 21?

A first underage DUI can create consequences involving your driver's license, education, employment prospects, insurance, and potentially your criminal record. An attorney can evaluate both the DMV proceeding and any criminal case, examine the circumstances of the traffic stop and testing, and identify potential defenses. Getting legal advice early can help you understand the risks and options before making decisions that could affect your future.

Protecting Your Future After a First DUI Under 21

A first DUI under 21 can have consequences that extend well beyond a temporary loss of driving privileges. From DMV proceedings and potential criminal penalties to impacts on education, employment, insurance, and future opportunities, an underage DUI should be taken seriously from the beginning. If you are facing a first-offense DUI in Riverside, Los Angeles, Orange, or San Diego County, an experienced DUI defense attorney can review the circumstances, challenge improper procedures or unreliable evidence, and pursue the best available outcome. Contact our office today for a confidential case evaluation and learn how we can help protect your driving privileges and your future.

If you are facing a first-offense DUI in Riverside, Los Angeles, Orange, or San Diego County, contact our experienced DUI defense attorneys today for a confidential case evaluation and help protecting your driving privileges and future.