Under 21 DUI

California has a “zero tolerance” policy with respect to underage drinking and driving. Being under 21 and driving in California with a BAC of even 0.01% is illegal. Depending on the facts of your case, you may be charged with any or all of the following:

Being under 21 and driving in California with a BAC of 0.01% or greater subjects you to penalties under California’s “zero tolerance” DUI law, a civil offense. If you have just one drink and then drive, you may be guilty of this offense.

Unlike a “typical” California DUI charge, it doesn't matter whether you are “under the influence” of alcohol. The only issue here is whether you consumed any measurable amount of alcohol prior to driving.

“Zero tolerance” means just that -- zero tolerance for having any alcohol in your system while driving. Even taking cough syrup with alcohol will subject you to prosecution under this section.

This law declares that if you’re under 21 and suspected of DUI, you are deemed to have consented to (1) a preliminary alcohol screening (PAS) test, or (2) any other blood, breath or urine test to determine your BAC.

Since this offense is civil and not criminal, the penalties are enforced by the California Department of Motor Vehicles. In order to fight your license suspension, you must request a California DMV hearing within ten days of your arrest. Even though this hearing takes place at the DMV, you have the right to be represented by a California “under 21 DUI” defense lawyer.