Under 21 DUI
Riverside, San Bernardino, Los Angeles & Orange County
DUI Criminal Lawyer & Attorney

Being stopped/contacted by an officer, suspected of driving under the influence, going  through a full investigation, and be arrested for DUI when you are under 21 carries different penalties than for someone who is over the age of 21. Instead of facing charges under Vehicle Code sections 23152(a) & 23152(b) only, those under the age of 21 who are arrested for DUI can be charged with additional offenses.  The following is a list of all potential offenses that a driver arrested for DUI while under the age of 21 can be charged with.   

California Vehicle Code Section 23136
It is illegal for a person under 21 years of age to drive a vehicle with a blood alcohol concentration (BAC) of .01% or higher.  If an driver under the age of 21 is suspected of having a BAC of .01% or higher, the arresting/investigating officer will take away his/her California driver’s license and provide him/her with a pink slip entitled “notice of suspension and temporary driver’s license.”  Again, the procedure following receipt of this document is the same as in adult cases.  The ten (10) day rule for reserving an APS hearing through the DMV goes into effect immediately.  If the DMV hearing is lost, the under 21 driver’s license will be suspended for one year.  This is a greater suspension than an adult faced with their 1st DUI offense would suffer.  If your WILL & WILL, LLP DUI lawyers win the DMV hearing, however, then your driver’s license will be fully reinstated.  The lawyers at WILL & WILL, LLP regularly handle many underage DUI cases.  In these cases, it is important to bring an experienced and knowledgeable DUI attorney on immediately to handle your DMV hearing, as well as your criminal case in court.  At WILL & WILL, LLP, we know how important it is to preserve the driving and criminal records of someone so young.

California Vehicle Code Section 23140
Under this section of the California Vehicle Code, it is an infraction (not a misdemeanor offense) for a person under the age of 21 to drive with a BAC of .05% or higher.  If the underage driver is convicted under this section of the California Vehicle Code, he/she may be required to attend an alcohol education/rehabilitation program for young offenders.  The prosecution may also elect to charge the underage driver with the same DUI charges as an adult (see below).  Again, the arresting/investigating officer will take away the suspect’s driver’s license and provide him/her with a pink slip entitled “notice of suspension and temporary driver’s license.”  Again, the procedure is the same as in adult cases.  The ten (10) day rule for reserving a hearing through the DMV goes into effect immediately.  If the DMV hearing is lost, his/her driver’s license will be suspended for one year. As previously mentioned above, this is a greater suspension then an adult driver faced with his/her 1st DUI offense would suffer.  If your WILL & WILL, LLP DUI lawyers win the DMV hearing, however, then your license will be fully reinstated.  The DUI lawyers at WILL & WILL, LLP regularly handle many underage DUI cases.  In these situations, it is important to bring an experienced and knowledgeable DUI attorney on immediately to handle your DMV hearing as well as your criminal case in court.

California Vehicle Code Sections 23152(a) & 23152(b)
Under these sections of the California Vehicle Code, if the underage driver appears to be under the influence of alcohol and/or drugs, and/or if a breath or blood test indicates a BAC of .08% or higher, then he/she will likely be charged with the adult misdemeanor crimes of DUI pursuant to VC 23152(a) and/or DUI with .08% BAC or greater pursuant to VC 23152(b).  If convicted of either or both of these offenses, the court imposes on the minor driver the same DUI penalties that it does on an adult: probation, fines, an alcohol education program, and possibly jail time, day labor, community service, or home confinement.  

It is important to contact our DUI lawyers at WILL & WILL, LLP to help you or your child with their case.  We have handled thousands of DUI cases and we can help you.  You need an experienced and knowledgeable DUI attorney on the case immediately to handle your DMV hearing as well as your criminal case in court.

Other Possible Charges
Finally, if the underage driver has been involved in an accident causing injury or death to another person, he/she may be still be subject to the same DUI causing injury (VC 23153), vehicular manslaughter, or DUI-murder charges as an adult.  Please view those sections of our website if this applies to you or your child and then contact us immediately for a free consultation.