The Harsh Truth About ‘Underage’ DUIs

California enforces a strict zero-tolerance policy when it comes to underage drinking and driving. For drivers under 21, any measurable amount of alcohol in their system while operating a motor vehicle can lead to severe penalties. Under California Vehicle Code §23152.2, it is illegal for an individual under 21 to drive with a blood alcohol concentration (BAC) of 0.01% or higher. Even the slightest presence of alcohol can result in immediate legal consequences, emphasizing the state's commitment to discouraging underage drinking and driving.

This approach differs significantly from the laws governing drivers aged 21 and older, where the legal BAC limit is 0.08%. In the case of underage drivers, the threshold is so low that even a single drink can result in a criminal charge  and DMV License consequences..

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Standard DUI Charges Still Apply to Underage Drivers

While California's zero-tolerance laws are tough on their own, underage drivers are not shielded from standard DUI charges. If an underage driver's BAC reaches 0.05% or higher, they may face additional penalties under California Vehicle Code §23152(b). If their BAC reaches or exceeds 0.08%, they can be prosecuted under the same DUI laws that apply to adults, facing the full weight of California's DUI penalties.

These charges can escalate quickly. A conviction under standard DUI laws may bring criminal charges, significant fines, mandatory DUI education programs, probation, and even potential jail time. Moreover, a DUI conviction-regardless of age-results in a permanent criminal record that can severely affect future employment, education opportunities, and professional licensing.

Refusing a BAC Test Has Serious Consequences

Refusing to submit to a chemical BAC test brings its own set of harsh penalties, especially for drivers under 21. Under California's "implied consent" laws, all licensed drivers are deemed to have consented to BAC testing  after being arrested for driving under the influence. 

If a driver is over 21, and suspected of driving under the influence of alcohol, the Preliminary Alcohol Screening (PAS) test, is treated as a Field Sobriety Test, and is voluntary.  A driver who is under 21 years old is required to perform the PAS test and refusal will result in a one-year license suspension. When an underage driver refuses, the consequences are swift and severe.

If under 21 years old, a first-time refusal of the PAS test results in an mandatory one-year driver’s license suspension under the Administrative Per Se (APS) program. The California Department of Motor Vehicles (DMV) enforces this suspension separately from any criminal court proceedings. There are no exemptions or restricted licenses available for drivers under 21 during this suspension period-meaning complete loss of driving privileges for a full year.

Additionally, refusal to test can be used against the driver in court, often leading to harsher sentences and increased scrutiny from both the DMV and the criminal justice system.

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Understanding the Administrative Per Se (APS) Program

The Administrative Per Se (APS) program represents another critical layer of California’s aggressive stance against underage DUI offenses. Under this DMV-administered process, an underage driver’s license can be suspended immediately if they are found to have a BAC of 0.01% or higher.

The APS suspension is automatic and occurs regardless of whether criminal charges are filed or a conviction is obtained. Upon being stopped, if a law enforcement officer determines that the underage driver meets the criteria for an APS action, they will issue an "Order of Suspension" and confiscate the driver’s license on the spot.

Drivers have only 10 days to request a DMV hearing to challenge the suspension. Without a successful defense at this hearing, the suspension will remain in place, reinforcing the urgent need for swift legal action when facing an underage DUI allegation.

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Penalties Beyond License Suspension

The consequences of an underage DUI stretch far beyond losing the ability to drive. Criminal penalties can include substantial fines, mandatory attendance at DUI education programs, probation, community service, and in some cases, jail time.

Financial burdens quickly accumulate between court fees, DUI school costs, license reinstatement fees, and potential increases in insurance premiums. Auto insurance companies often either drop drivers convicted of DUI or place them in high-risk categories, making future insurance premiums prohibitively expensive.

Further, an underage DUI conviction becomes a permanent part of the individual's criminal record. Unlike some minor infractions, a DUI conviction is not something that simply "goes away" with time. It can impact college admissions, scholarship opportunities, and eligibility for professional licenses, significantly altering the course of a young person's future.

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Long-Term Consequences: A Permanent Record

One of the most sobering aspects of an underage DUI conviction is its longevity. California does not offer an "expungement" in the traditional sense for DUI convictions in most cases. While expungement may provide some limited relief, the record still exists and can surface during background checks.

Young adults burdened with a DUI record often encounter hurdles in their academic and professional pursuits. Some colleges inquire about criminal records during the admissions process, and certain career paths-such as those in law, healthcare, education, and government-require disclosure of any criminal history, including DUI convictions.

The lasting impact on personal reputation, combined with limited educational and career opportunities, makes avoiding an underage DUI conviction absolutely critical.

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The Importance of Skilled Legal Representation

Given the severity of the penalties and the long-term implications, it is essential for underage individuals charged with DUI to seek experienced legal representation. The Meehan Law Firm understands the complexities of California’s DUI laws and the life-altering consequences an underage DUI can bring.

A qualified attorney can challenge the evidence, represent the driver at both DMV hearings and court proceedings, and work to mitigate the penalties or possibly achieve a dismissal. Without proper legal defense, young individuals face an uphill battle against a system that does not easily forgive DUI offenses.

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You should know…

The harsh truth about underage DUIs in California is that even a single mistake can carry devastating consequences. California’s zero-tolerance laws, combined with the state's willingness to prosecute underage drivers under standard DUI statutes, mean that the stakes are extraordinarily high.

For young drivers, understanding the full scope of the penalties-license suspension, criminal charges, permanent record, financial burdens, and reputational harm-is critical to making informed decisions and seeking immediate legal help when necessary. The Meehan Law Firm is committed to helping protect the future of those facing these serious charges.

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