An arrest for underage DUI in Los Angeles can disrupt major day-to–day activities. California has a zero-tolerance policy for anyone under the age of 21, which means that the slightest blood alcohol content can result in suspension of your driver’s license. These laws are strict, and you should be represented aggressively to protect your rights.
Leah Legal Criminal Defense Attorney is experienced at defending underage motorists charged with drunk driving. We rigorously review police conduct, examine the validity of chemical testing, and petition to have your charges reduced or dropped altogether. Call our seasoned defense attorneys today to speak about your underage DUI case and get help.
Understanding California’s Underage DUI Statutes and BAC Limits
It is strongly discouraged for someone under the age of 21 to operate a motor vehicle in California while under the influence of any amount of drugs or alcohol. It relies on several laws that set BAC thresholds and determine whether your crime is a civil infraction or a misdemeanor.
The Zero Tolerance Law (Vehicle Code 23136)
Under Vehicle Code 23136, California has a zero-tolerance policy for drivers under the age of 21 with any measurable amount of alcohol in their blood. In particular, the law bans driving with a BAC of 0.01% or higher. This is a low standard, which is why it is easy to exceed even with one standard beer or glass of wine.
A Vehicle Code 23136 violation is a strict liability offense, as this statute does not require the prosecution to prove physical or mental impairment. The only question of fact is whether or not you were driving a motor vehicle while having a measurable BAC of 0.01% or greater.
It is important to make sure that the alcohol comes from an entirely insignificant source under this law. The zero-tolerance statute is for all alcohol-containing substances, so a small amount from a non-beverage source may also result in an instant citation. Products that are commonly used in daily life can trigger a preliminary alcohol screening test and lead to administrative penalties.
Common non-alcoholic substances that are sources of measurable alcohol include:
- Over-the-counter medicines for coughs and colds
- Mouthwashes and breath sprays containing alcohol
- Homeopathic medicines and liquid remedies
- Ointments and gels that numb the mouth
A Vehicle Code 23136 violation is not a crime but a civil offense. So if it is committed, there are no court-imposed fines or jail sentences. But it does result in an automatic administrative driver’s license suspension for one year. The DMV will also issue a 1-year suspension if you refuse to take the preliminary alcohol screening test when you are asked to do so by a law enforcement officer, even if you are never charged with a DUI in court.
If you refuse, you will be completely barred from obtaining a restricted driving permit. The ideal way to defend against a zero-tolerance citation is to immediately request an administrative hearing to contest the accuracy of the roadside breath test result. Your legal team should fight hard against these civil actions to ensure you stay on the road and do not have to deal with them affecting your academic and professional future.
Your lawyer should carefully examine the arresting officer’s portable breathalyzer to ensure that it was properly calibrated and operated. Many portable devices are prone to significant errors, and testing errors can result in false-positive readings and unfairly punish an innocent young driver in California.
Underage DUI with a BAC of 0.05% or Greater (Vehicle Code 23140)
California Vehicle Code 23140 addresses situations where a driver under 21 years of age is driving with a blood alcohol concentration of 0.05% or higher, but less than 0.08%. A violation of Vehicle Code 23140 is charged as an infraction in criminal or juvenile court, rather than under the zero-tolerance law.
An infraction is not a jail sentence, but it is a formal offense that can create a prior offense history with a negative effect on your driving record. To convict you under this statute, the prosecution must prove you were under 21 years of age, that you were operating a motor vehicle, and that your blood alcohol level was at least 0.05% at the time you were operating the motor vehicle.
A post-arrest chemical breath test or blood test performed at the police station is usually performed to confirm the BAC under Vehicle Code 23140. Failure to take this post-arrest test may result in serious administrative penalties, such as a one-year suspension of your driver’s license or a two-year revocation if you have had a prior DUI or wet reckless conviction.
Under this law, if the court convicts you, you will be subject to a one-year driver’s license suspension. In addition, the judge will impose a fine of up to 100 dollars for the first offense (and a much higher fine for subsequent offenses).
In addition, if you are at least 18 years old, you will need to attend and finish a three-month course in court-approved alcohol education. The cost of this program can be hundreds of dollars and contribute to the financial burden of the offense.
Additionally, the police can take your car for up to five days if you have a prior DUI. Your lawyer should handle minor drivers closely, contest these infraction charges by questioning the scientific validity of the testing equipment, and consider a charge reduction. If you have a Vehicle Code 23140 charge, it is crucial to minimize its impact to safeguard your future opportunities in the competitive Los Angeles environment.
Standard DUI (0.08% BAC) or Actual Impairment (Vehicle Code 23152)
If a minor driver is discovered driving while intoxicated with a BAC of 0.08% or higher, or if it is proven that the driver was actually intoxicated or under the influence of drugs, standard adult DUI charges will apply to the driver under California Vehicle Code 23152. This is a criminal misdemeanor charge with serious long-term consequences. This law allows for charges to be pressed on two theories.
- Vehicle Code 23152(a) prohibits operating a motor vehicle while intoxicated, drugged, or impaired by a combination of alcohol and drugs to the extent that the person cannot drive “with the caution of a sober person.”
- Vehicle Code 23152(b) prohibits driving with a blood alcohol concentration of 0.08% or more, even if one is not affected by the alcohol.
The penalties for a first misdemeanor conviction for Vehicle Code 23152 are serious. You may be subject to summary probation for 3 to 5 years, county jail for up to 6 months, and court fines of up to $390.00 to $1,000.00. Also, the court will impose a one-year driver’s license suspension, and you will have to complete an alcohol and drug education program within three or nine months that the court approves.
Beyond these misdemeanor charges, you may be charged with adult DUID under Vehicle Code 23152(f) or adult DUI causing injury under Vehicle Code 23153. If you cause serious bodily injury or death, the prosecution can file felony charges, which can include up to 4 years in prison, or charge you with vehicular manslaughter under Penal Code 191.5 or second-degree murder under Penal Code 187.
The adult criminal charges you will face can ruin your life at an early age, before you reach 21. Local prosecutors and judges approach these cases seriously. Therefore, seek a lawyer who can evaluate the evidence and develop a strong defense to ensure you are not placed in custody and safeguard your future. A seasoned criminal defense lawyer can be a crucial part of your case.
The main goal is to aggressively attack the evidence presented by the state and break down the prosecution’s case to achieve an outcome that is in your favor and allows you to maintain your freedom, rights, and future academic plans.
Severe Legal Consequences and Life-Altering Repercussions
An underage drunk driving conviction is more than just a court penalty. Today, minor drivers in California face academic challenges, high auto insurance rates, and a permanent criminal record that restricts future employment and student loan opportunities.
Immediate Administrative Driver’s License Suspension (ADLS) by the DMV
An underage driving arrest begins administrative proceedings against the driver’s license, without any criminal court involvement. The law enforcement officer will take your physical license and give you a pink temporary license for 30 days. If this administrative action is not challenged within 10 days, it is automatically and mandatorily suspended or revoked at the end of the 30 days.
Your lawyer should take steps to protect you by seeking an administrative per se hearing to prevent this automatic suspension. Police reports are carefully reviewed, blood alcohol concentration test results are analyzed, and any procedural errors by arresting officers are challenged. The best way to keep your license is to protect it and avoid automatic license revocation.
Impact on College Admissions, Scholarships, and Student Financial Aid
Underage DUI convictions disrupt academic plans. Misdemeanor convictions are public records, and colleges will be able to see these when they look up your record. Learning institutions may refuse entry, limit accommodation, or expel existing students. A conviction can also immediately revoke athletic or merit-based scholarships.
Academic areas at risk of being convicted:
- Admission to the university and college enrollment.
- Merit scholarships and athletic scholarships are awarded.
- Federal student loan eligibility and financial aid programs.
- Apply to graduate school and for professional licensure.
An arrest is a violation of the school’s student code of conduct if you are enrolled. We appear before university boards to ensure that our clients’ academic standing is not threatened and to negotiate charge reductions and/or protect their educational future.
Skyrocketing Auto Insurance Premiums and High Administrative Costs
Your insurance company will consider you a “high-risk” driver and either raise your auto insurance rates by thousands of dollars or cancel your policy altogether. There are also high compounding administrative costs.
The cost of being convicted when underage:
- Required fines and assessments by the court and the state
- Alcohol education program enrollment fees
- Towing and storage fees for vehicles per day
- The cost of reissuing the driver’s license and the SR-22 insurance
An underage conviction can cost a person over $10,000. Retaining a seasoned lawyer is an essential investment that will reduce these monetary penalties and help your family proceed with their lives without being overwhelmed by financial debt.
How the DMV Administrative Per Se Hearing Works for Minor Drivers
The administrative process for an underage arrest is a different and thorough process carried out by the California Department of Motor Vehicles (DMV). Minor drivers need to take immediate action to contest the automatic suspension of their physical driver’s license before the temporary license expires to maintain driving privileges.
The Crucial 10-Day Window to Schedule a DMV APS Hearing
There is a time limit after an underage arrest. California statute affords a limited 10-day period from the date of arrest to request an administrative “per se” hearing before the DMV. If this is not done, your 30-day temporary permit will automatically expire and be mandatory. This is a separate deadline from your criminal court track.
The administrative hearing is a great chance to contest the evidence presented by the prosecution before any penalties are imposed. At the hearing, a DMV officer will examine the police reports, breathalyzer logs, and chemical test results and decide whether the arresting officer had a legitimate reason to stop and arrest you.
Your rights during the hearing include:
- The right to have a lawyer represent you
- Right to challenge the state’s evidence
- The right to summon and interview officers
- The right to present your own independent witnesses
Your lawyer can attend the telephone hearing for you and collect important evidence that may help you win your case.
Securing a Hardship or Critical Need Restricted Driver’s License
A restricted license is available if you lose your hearing or get a zero-tolerance suspension. This permit is for driving to work, school, or court-ordered program destinations when public transportation is unavailable or impractical.
Circumstances that qualify you for a hardship permit include the following:
- Going to high school or college (commuting)
- Driving to your place of work
- Attending mandatory court-ordered DUI classes
- Carrying sick family members to receive treatment
A chemical test refusal suspension means you cannot receive a restricted license.
Mandatory Requirements to Reinstate Your Driving Privileges
Receiving a driving under the influence (DUI) suspension for driving while underage involves several formal steps to restore driving privileges, as required by the California Department of Motor Vehicles (DMV). The DMV will not automatically renew your license upon expiration of your suspension or revocation. To reinstate your driving record and physical license, you must take steps to clear your driving record and complete financial and administrative requirements.
First, you need to pay the specified license reissue fee to the DMV. The reissue fee for a civil zero-tolerance violation is usually $100, and the standard misdemeanor driving under the influence suspension fee is $125. Furthermore, proof of financial responsibility has to be provided.
The following steps can help you restore your driver’s license:
- The required administrative reissue fee is to be paid
- The SR22 insurance form is a formal document that must be submitted
- Keeping the SR22 active for 3 years
- Completion of all court-ordered education programs
Proven Defense Strategies Against California Underage DUI Charges
When facing an underage drunk driving charge, it’s essential to identify weaknesses in the prosecution’s case, including structural issues, procedural errors, and scientific inaccuracies. A skilled DMV defense lawyer can apply several technical defense tactics at the administrative hearing and in court to get you the freedom you deserve and clear your charges quickly.
Exploiting Police Failure to Adhere to Title 17 Testing Regulations
California Code of Regulations (CCR) Title 17 contains stringent protocols for law enforcement when administering breath or blood tests during a DUI investigation. These rules guarantee the scientific correctness of chemical tests. If the officers do not follow the requirements, then your blood alcohol concentration results may be called into question.
Common Title 17 violations:
- Not being able to observe the driver for 15 minutes straight
- Not calibrating the testing machine regularly
- Not taking blood samples at the correct temperature.
- Using expired anticoagulants or preservatives in blood vials
Any error will ruin the sample and lead to an overreading. Your lawyer should review logs of testing to see if there were any violations and file motions to suppress evidence from your criminal case altogether so the state can’t use flawed evidence to convict you.
Utilizing the Rising Blood Alcohol Content Defense Strategy
After you drink, your BAC (blood alcohol concentration) increases for 30 minutes to 2 hours, as the alcohol is absorbed into your bloodstream. So, you may have a low BAC while operating the vehicle, but a much higher one when you get tested.
The factors that can contribute to increased BAC defense:
- The time elapsed between driving and testing
- Your body’s ability to absorb alcohol.
- The volume and type of alcoholic beverages used
Your lawyer can provide expert toxicologist testimony if you were pulled over and stopped your car for longer before taking the breathalyzer test to show your BAC was not at the legal limit when you were driving. This defense works well for minor drivers in California.
Falsely Elevated BAC Readings from Mouth Alcohol and Medical Conditions Like GERD
The breath testing equipment for DUI is designed to measure alcohol in the deep lung tissues. Some medical conditions, such as acid reflux, GERD, and hiatal hernias, however, send stomach acid and raw alcohol back up into the throat and mouth, which results in falsely high BAC readings.
These are some of the potential causes of mouth alcohol errors:
- Acid reflux or Gastroesophageal reflux disease (GERD)
- Alcohol-containing mouthwashes or throat sprays
- Trapped liquid in dental retainers or caps
- Alcoholic cough syrups (with minimal alcohol content)
Raw alcohol in the mouth will cause the breathalyzer to give an incorrect and high blood alcohol reading. Your lawyer provides medical histories to establish your condition and successfully challenges the credibility of your test results, thereby proving that your actual BAC was below the legal limit.
Demonstrating a Lack of Constitutional Probable Cause for the Stop or Arrest
Under the Fourth Amendment, law enforcement officers must have a reasonable suspicion of criminal activity to pull you over. They cannot stop randomly for no reason, such as speeding, swerving, or driving with equipment failures.
Bases that are not legal for a traffic stop:
- Random selection by car or age
- Small driving mistakes do not break the law
- Being found in locations close to bars or clubs
- No observed traffic violations (if any, they are not considered active)
If the arresting officer stopped you without a legally valid probable cause, then you were deprived of your constitutional rights. Your lawyer can file a motion to suppress evidence to exclude all blood and breath test results that were subsequently collected and leave the prosecution with too little evidence to prove your case. This is a key legal strategy that can lead to the dismissal of all charges.
Arguing That You Were Not the Person Operating the Vehicle
The government must prove beyond a reasonable doubt that you were actually operating the car when you were convicted of any of the underage DUI offenses.
Defenses against the driving element:
- Parked a car with the engine off
- Being in the front seat when arrested
- Sleeping in the car to sober up from drinking
The prosecutor cannot prove actual physical control of the vehicle in the absence of evidence or an officer’s observation to that effect. Your lawyer could argue that the circumstantial evidence proves you were not the driver and seek to prevent the court from convicting you of the charge.
Locate a Seasoned DUI Lawyer Near Me
If you are facing an underage DUI charge, a conviction will have lasting ramifications that could impact your career or your education. It is recommended that you take immediate, strategic action, with the help of a lawyer familiar with the California criminal justice system, to protect your rights.
At Leah Legal Criminal Defense Attorney, we are well-versed in all matters concerning DUI defense and are ready to fight for your rights. We have represented many underage defendants arrested for drunk driving in Los Angeles and have helped them have their charges dropped or lowered. Call our office today at 213-444-7818 to ensure your rights and your future.
