Driving under the influence is taken seriously in California, but the consequences can be even more severe for drivers under the age of 21. The state has strict “zero tolerance” laws that apply specifically to underage drivers. If you or your child is facing an underage DUI charge in Salinas, understanding the potential penalties and legal options is critical.

At Thelander Law, we provide legal assistance to the Salinas public and help young drivers and their families navigate the complexities of California DUI laws.

California’s Zero Tolerance Law

Under California Vehicle Code § 23136, drivers under 21 are subject to a zero tolerance policy. This means that if a driver under 21 has a blood alcohol concentration (BAC) of 0.01% or higher, they can face penalties—even if they are not legally “intoxicated” under the standard 0.08% limit for adults.

A BAC of just 0.01% can result in an automatic one-year driver’s license suspension through the California Department of Motor Vehicles (DMV).

Higher BAC Levels and Additional Charges

If a driver under 21 has a BAC of 0.05% or higher, they may face additional penalties under Vehicle Code § 23140. This can include:

• A one-year license suspension
• Mandatory alcohol education programs
• Fines and court fees

If the BAC is 0.08% or higher, the driver can be charged with a standard DUI under Vehicle Code § 23152, just like an adult. This can result in:

• Up to six months in jail
• Substantial fines
• A longer license suspension
• Probation
• Mandatory DUI school

Administrative Penalties vs. Criminal Charges

An underage DUI case often involves two separate processes:

1. DMV Administrative Hearing – This determines whether your driver’s license will be suspended. You have only 10 days from the date of arrest to request a DMV hearing.
2. Criminal Court Proceedings – This determines whether you are convicted of a DUI offense and what penalties will apply.

Failing to request a DMV hearing in time can result in an automatic suspension, regardless of the outcome of your criminal case.

Long-Term Consequences of an Underage DUI

A DUI conviction can affect more than just your driving privileges. It may impact:

• College admissions
• Scholarships and financial aid
• Employment opportunities
• Professional licensing
• Auto insurance rates

For young drivers, a DUI can create obstacles at a critical stage of life.

Possible Defense Strategies

Every DUI case is unique. Potential defenses may involve challenging:

• The legality of the traffic stop
• The accuracy of the breath or blood test
• Whether proper procedures were followed
• Violations of constitutional rights

An experienced DUI defense attorney can evaluate the facts of your case and determine the most effective strategy.

How Thelander Law Can Help

Facing a DUI charge while under 21 can be overwhelming. The consequences are serious, but you have the right to defend yourself. At Thelander Law, we provide dedicated legal representation to the Salinas public and work to protect your driving privileges, your record, and your future.

If you or your child has been charged with an underage DUI, seeking legal guidance as soon as possible can make a significant difference.