Underage DUI in California

California's zero-tolerance law means any detectable alcohol can result in a DUI charge for drivers under 21. The consequences can affect college admissions, scholarships, and future employment — but a strong defense can protect your future.

California's Zero Tolerance Law

Under California Vehicle Code §23136, it is illegal for any person under 21 to drive with a BAC of 0.01% or higher — that is essentially any detectable amount of alcohol. This is far stricter than the 0.08% standard that applies to adult drivers.

A driver under 21 can face two separate charges: the zero-tolerance administrative violation (0.01%+) handled by the DMV, and a standard DUI criminal charge (0.05%+ under VC §23140, or 0.08%+ under VC §23152). These can be charged simultaneously depending on the BAC level.

Even a first-time underage DUI can have lasting consequences beyond the legal penalties — affecting college financial aid, professional licensing, military service eligibility, and background checks for years to come.

Underage DUI Penalties

Penalties depend on BAC level and whether criminal charges are filed alongside the administrative violation.

Defending Underage DUI Charges

Underage DUI cases often hinge on the accuracy of the preliminary alcohol screening (PAS) device used at the roadside. These devices are subject to calibration requirements and operator error — and their results can be challenged.

We also examine whether the officer had reasonable cause to stop the vehicle, whether the minor was properly advised of their rights, and whether the administrative DMV process was followed correctly. A successful challenge at the DMV hearing can preserve driving privileges even when criminal charges proceed.

• ✓Challenging PAS device calibration and operator certification
• ✓Questioning the basis for the initial traffic stop
• ✓Requesting DMV hearing within the 10-day deadline
• ✓Exploring diversion or deferred entry of judgment programs
• ✓Minimizing long-term record impact for college and career