What Happens If You Get A DUI In California Under 21

Californian laws treat DUI cases involving drivers under 21 just as seriously as any age group. However, the way such cases are dealt with is slightly more complicated than in regular cases.

Drivers under 21 who are charged with DUI offenses in California are liable to face the same legal consequences as any adult 21 or over in the state. There’s also the possibility of facing additional penalties if you committed other offenses while intoxicated. Unfortunately, a DUI conviction can have severe and far-reaching consequences, which can affect your academics and future career.

Is a DUI a Felony In California?

DUIs aren’t always treated as felonies in California, although this mainly depends on the driver’s blood alcohol content (BAC) level and the events surrounding the arrest. First-time offenders are usually charged with misdemeanors.

However, if someone were killed or severely injured because the culprit was drinking and driving, the accused would most certainly be charged with a felony. Also, drivers are most likely to receive a felony charge if they are arrested with a blood alcohol level of 0.15 and above.

California’s Zero Tolerance Underage DUI Law

According to the California vehicle code, having a BAC of 0.08 is enough to be guilty of a DUI offense. However, drivers under the age of 21 who are found driving under the influence will be charged regardless of their BAC levels. This is a result of California’s zero-tolerance law, which aims to reduce fatal road accidents, especially those involving young and underage drivers.

Different Blood Alcohol Concentration Levels And Their Possible Consequences

The legal repercussions are also assigned according to each driver’s BAC level. Below are the different BAC levels and how they are treated.

h3(#what-happens-if-you-have-a-bac-of-0.01-or-higher). What Happens If You Have A BAC of 0.01% or Higher

According to Californian DUI laws, this is considered the standard BAC level threshold in the workplace. Drivers tested and found to have this blood alcohol content do not risk license suspension or any criminal penalty. However, negative points will be assigned to their licenses.

h3(#what-happens-if-you-have-a-bac-of-0.05). What Happens If You Have A BAC of 0.05%

Drivers who are 21 years of age and found to have a 0.05% BAC level aren’t usually slammed with DUI charges. However, younger drivers might not be treated with such leniency. This is why it’s referred to as "Underage DUI."

While you won’t face a criminal charge after being caught driving with a 0.05% BAC in California, there’s a good chance that you’ll face a one-year license suspension or DUI probation, and you’ll have to attend DUI school. Besides this, you’ll have to pay a $100 fine and receive a court order to take defensive driving classes.

h3(#a-bac-of-0.08-or-greater). A BAC of 0.08% or greater

The 0.08% blood alcohol content law applies to all drivers, regardless of age. Violators are liable to face a full range of criminal penalties, including court fees, fines of over a thousand dollars, juvenile custody or jail time, and driver’s license suspension.

Penalties are usually assigned based on the blood alcohol content level of each DUI arrest. However, drunk drivers pulled over by the police for swerving and violating other traffic laws are registered as DUI offenders. They will also face charges for all other offenses they committed while intoxicated.

The Consequences Of Driving Drunk & Under Age

A drunk driver between the ages of 18 and 21 will be charged for each offense committed while under the influence of alcohol, no matter how little. For instance, driving with a 0.06% BAC and swerving recklessly will attract three charges; one for violating the state’s zero-tolerance law, second for underage drunk driving, and third for impaired and reckless driving.

Once apprehended by the police, you’ll likely be told how many rules you’ve broken and the number of negative points you’ve managed to rack up. The negative points will reflect on your record. Due to California’s zero-tolerance law, you’ll also be made to face the legal consequences for each violation and bear the financial responsibility of your DUI charge.

The penalties can be exorbitant fines, license suspension or revocation, community service, or even jail time. You’ll need a quality DUI defense attorney in your corner to stand a chance at dispelling the chargers or getting some of them reduced.

What To Expect After Getting A DUI

Here are some things you can expect to happen If you’ve been charged for committing a DUI offense in California

1. Expect To Pay Fines

Getting charged with a DUI can be quite expensive. You can expect a new set of financial responsibilities even before getting an official conviction. You’ll first have to pay the court-stipulated bond to be granted bail. You’ll need to pay the required fee to get your vehicle released back to you. This will also come with an additional towing charge.

Hiring DUI lawyers costs money if you need them to help drop your criminal charges or prevent your driving privilege from being suspended. Unfortunately, most of them do not offer a free consultation. Chances are you’ll end up paying a few thousand dollars at the end of it all.

2. You Might Receive A Court Order To Enroll In An Alcohol Education Program

Nowadays, most first-time DUI offenders are given court orders to attend a three-month DUI course, although it can sometimes last for up to six months before there can be any consideration for reinstating their licenses. Your attendance will be monitored closely and you’ll also have to pay the enrollment fee.

3. You Will Likely Spend Time in County Jail If Arrested For A DUI

Suppose you are pulled over by the police and found to have a 0.08% BAC after the preliminary alcohol screening test or any other chemical test. In that case, you can be lawfully detained by the arresting officer to prevent you from endangering the lives of other road users. If you’re taken into custody, the officer will book you and can keep you in jail until you post bond.

How DUI Charges Can Affect Your Chances Of Getting Into College And Finding Jobs

Getting a DUI as a young or underage driver can have significant consequences in your academic life, as colleges have the right to determine if you have a criminal history. They will most likely deny you admission when they realize that you have a DUI on your driving record.

As for getting a decent job, you may find this a tad bit difficult since some employers inquire about each applicant’s criminal history.

How To Defend Yourself Against an Underage DUI Charge

While DUI charges aren’t the easiest to fend off, you do, however, stand a chance against them as a young driver arrested for underage drinking and driving. One of the most effective ways to fight a DUI conviction is by hiring a qualified DUI defense attorney to represent you in court. With an experienced DUI lawyer on your side, you stand a chance at getting your charges reduced or entirely dropped since they’ve most likely dealt with similar cases and know the right tactics to use.

Final Words

It’s illegal to drive while intoxicated because of the safety risks involved. Although a good DUI lawyer can help conceive the district judge that you violated the law because you were careless due to your age and inexperience. It’s best to avoid taking the risk of driving after consuming alcohol.