Under 21 DUI

Being stopped by a police officer for suspicion of drunk driving, going through a full investigation, and being arrested for DUI when you are under 21 carries different penalties than someone over 21. If you are under 21 and the officer believes you've been drinking, you will be given a Preliminary Alcohol Screening test. It doesn't matter how much alcohol the officer thinks you have had if the officer believes you've been drinking any amount of alcohol, you must take a PAS test. If a PAS testing device in not available, you would have to take another type of chemical test like a breath or a blood test. If you refused or didn't complete the PAS (or other chemical) test, you would have additional progressive driving privilege revocations.

If your PAS test (or other chemical test) shows a BAC of 0.01% or higher, the officer will take away your driver license and give you a temporary driver license. The officer will tell you "your driver license is going to be suspended." The suspension will go into effect in 30 days. If your BAC is 0.08% or higher, you will be arrested, your car will be impounded and you'll have to call somebody to bail you out of jail. After your PAS test (or other chemical test), the officer will complete a DMV form. The form is called the "Administrative Per Se Suspension/ Revocation Order and Temporary License." This form tells you about upcoming driving privilege suspensions. It gives you information about requesting a DMV hearing. You will get a copy of the completed form. You may have to go to court. The court may also impose fines and penalties. It's important you contact an experienced and aggressive DUI defense attorney to handle both the DMV hearing and the criminal case.

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 officer suspects you of having a BAC of .01% or higher, the arresting officer will take away your CA license and issue you a “notice of suspension and temporary driver’s license.” You have ten (10) days to request a DMV hearing or you lose your right to challenge the DMV suspension action. If you lose the DMV hearing your license will be suspended for one year. If you win the DMV hearing, you will have your license reinstated.

California Vehicle Code Section 23140

It's an infraction for a person under 21 to drive with a BAC of .05% or higher. If convicted, you may be required to attend an alcohol education class. If you are over 0.08% you could be prosecuted like an adult would. The arresting officer will take away your CA license and issue you a “notice of suspension and temporary driver’s license.” You have ten (10) days to request a DMV hearing or you lose your right to challenge the DMV suspension action. If you lose the DMV hearing your license will be suspended for one year. If you win the DMV hearing, you will have your license reinstated.

California Vehicle Code Sections 23152(a) & 23152(b)

If the person under 21 is 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 offense, the court will impose the same punishment as an adult including probation, fines, an alcohol education program, and possibly jail time, day labor, community service, or home confinement.

Other Possible Charges

If the underage driver has been involved in an accident causing injury or death, he/she may be prosecuted for DUI causing injury (VC 23153), vehicular manslaughter, or DUI-murder all charged as adult crimes. If this is the case, you should immediately contact a DUI defense lawyer because you will need an aggressive DUI attorney due to the severity of the punishment faced by the under 21 driver.

Restricted License - Critical Need to Drive

In some circumstances an under 21 driver may be eligible for a restricted license if they can show the DMV that there is a "critical need" to drive. Critical need means the circumstances required for issuance of a junior permit including:

School or other transportation facilities are inadequate for regular attendance at school and at activities authorized by the school. A signed statement from the school principal verifying such facts is required. A junior permit issued under this subsection shall be restricted to operating a vehicle from residence to the school and return.

Reasonable transportation facilities are inadequate and operation of a vehicle by a minor is necessary due to illness of a family member. A signed statement from a physician familiar with the condition, containing a diagnosis and probable date when recovery terminates the emergency is required.

Transportation facilities are inadequate, and use of a motor vehicle is necessary in the transportation to and from the employment of the applicant and the applicant's income from such employment is essential in the support of the family, or where the applicant's operation of a motor vehicle is essential to an enterprise from which an appreciable portion of the income of the family will be derived. A signed statement from the parents or the guardian, setting forth the reasons a permit is necessary under this subsection is required.

The existence of public transportation at reasonable intervals within one mile of the residence of the applicant may be considered adequate grounds for refusal of a junior permit.

Free Same Day Consultation

For more information about first offense DUI charges, call Drunk Driving Defense Attorneys Roland X. Tiemann and Peter B. Tiemann for a free same day consultation at (530) 621-2400 or (916) 941-7300. We are experienced and Aggressive DUI defense lawyers who will vigorously represent you.

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5/27/2009 - Commercial Drivers License

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