A driving under the influence (DUI) arrest for anyone under 21 in San Diego triggers stricter penalties than most people expect. Under California Vehicle Code (VC) Section 23136, any measurable blood alcohol concentration (BAC) of 0.01% or higher is enough to result in a one-year driver’s license suspension. Depending on your actual BAC level, you may face multiple charges under different sections of the Vehicle Code, each carrying its own set of consequences.
At the Law Offices of Anna R. Yum in San Diego, DUI defense attorney Anna R. Yum helps underage drivers and their families tackle DUI cases throughout the county. With her experience as a former prosecutor, she understands how the District Attorney’s Office approaches DUI cases and can use that insight to challenge the evidence. Our San Diego criminal lawyers handle both the criminal court proceedings and the Department of Motor Vehicles (DMV) administrative hearings, working to protect your driving privileges.
This guide explains how California’s zero-tolerance law works, the three levels of underage DUI charges, the penalties at each level, how the DMV hearing process works, what defenses may apply, and what steps to take immediately after an arrest. Contact us at (619) 233-4433 to speak with Anna R. Yum about your case.
What Is the Zero Tolerance Law for Drivers Under 21?
California’s zero-tolerance law is found in Vehicle Code Section 23136. It makes it unlawful for any person under the age of 21 to drive a vehicle with a BAC of 0.01% or greater. The law was enacted in 1994 to address underage drinking and driving, and it applies regardless of whether the driver shows any signs of impairment.
A BAC of 0.01% is extremely low. California’s zero-tolerance law does not require proof that your driving was impaired. If a preliminary alcohol screening (PAS) test or other chemical test shows a BAC of 0.01% or more, DMV action may follow. Because some products, including certain medications, may contain alcohol, drivers under 21 should be careful about anything they consume before driving.
What Makes the Zero Tolerance Law Different from Standard DUI?
The key difference is the BAC threshold and how the case is handled. For drivers 21 and older, the per se BAC limit is 0.08%. For drivers under 21, VC 23136 applies at 0.01% or higher. A VC 23136 case is handled through the DMV’s administrative suspension or revocation process, not as a standard criminal DUI conviction by itself. That means no jail sentence under VC 23136 alone, but it can still trigger a one-year license suspension or revocation and can be filed alongside other DUI-related charges.
Another important difference involves testing. Under California law, a driver under 21 is deemed to have consented to a PAS test or other chemical test if lawfully detained for an alleged violation of VC 23136. If the driver refuses to submit to, or fails to complete, the requested test, that can trigger a separate suspension or revocation of driving privileges, including a one-year suspension for a first refusal.
Key Takeaway: California’s zero-tolerance law under VC 23136 means any BAC of 0.01% or higher can result in a one-year license suspension for drivers under 21, even without any sign of impairment. A first refusal can also result in a one-year suspension.
What Are the Three Levels of Underage DUI Charges?
The state applies three separate Vehicle Code sections to underage drivers depending on their BAC level. Each carries different penalties, and a single arrest can result in charges under more than one section at the same time.
VC 23136 – BAC of 0.01% or Higher (DMV Administrative Action)
This is the zero tolerance law described above. It is handled through the DMV’s administrative process rather than as a standalone criminal DUI conviction, but it can still lead to a one-year suspension or revocation of driving privileges. That loss of driving privileges can affect a young person’s ability to get to school, work, or other obligations.
VC 23140 – BAC of 0.05% or Higher (Infraction)
Vehicle Code Section 23140 applies when an underage driver’s BAC is 0.05% or higher. This is classified as an infraction, not a misdemeanor. It does not carry jail time, but it can still lead to serious consequences, including a one-year driver’s license suspension and mandatory alcohol education program.
VC 23152 – BAC of 0.08% or Higher (Misdemeanor)
When an underage driver’s BAC reaches 0.08% or higher, or when the officer believes the driver’s ability to operate a vehicle was actually impaired at any BAC level, the driver can be charged with standard adult DUI under Vehicle Code Section 23152. This is a misdemeanor offense.
First-offense misdemeanor DUI penalties may include up to six months in county jail, fines ranging from $390 to $1,000 plus penalty assessments, license suspension, and mandatory completion of a DUI education program. The court may also order probation lasting three to five years.
Key Takeaway: An underage DUI arrest in California can trigger action under one, two, or even three Vehicle Code sections at the same time. The consequences increase at each BAC level, from a DMV administrative suspension at 0.01% to potential jail time at 0.08% or higher.
How Does an Underage DUI Affect Your Driver’s License?
The driver’s license consequences are often the most immediate concern for underage drivers and their families. A license suspension can affect everything from getting to classes at San Diego State University to commuting to a part-time job.
For a violation under VC 23136, the arresting officer will typically confiscate your driver’s license on the spot and issue a temporary license valid for 30 days. Unless the driver timely challenges the action and DMV sets it aside or the effective date is stayed, the APS suspension or revocation generally takes effect after that 30-day period.
Can You Get a Restricted License After an Underage DUI?
Under-21 drivers are not automatically entitled to a restricted license during a zero-tolerance suspension. In some situations, a limited critical-need restriction is available only to first offenders who completed a chemical test, have no outstanding suspensions or revocations, have served the first 30 days of the suspension, and can show a specific ‘critical need’ to drive because other transportation is inadequate.
If the underage driver does not yet have a license at the time of the violation, the DMV will delay their eligibility to apply for a license by one year. This delay applies even if the driver was only months away from obtaining their first license.
The Law Offices of Anna R. Yum represents clients at DMV hearings throughout San Diego County, including at the DMV Driver Safety Office. Call (619) 233-4433 to request your hearing before the 10-day deadline expires.
DUI Defense Attorney in San Diego – Law Offices of Anna R. Yum
Anna R. Yum, Esq.
Anna R. Yum is the founding attorney of the Law Offices of Anna R. Yum, a nationally recognized criminal defense firm based in San Diego. She earned her J.D. from the University of San Diego School of Law, where she was inducted into the Order of Barristers for excellence in oral advocacy. She also received the American Board of Trial Advocates Award as one of only four students in her graduating class.
Before founding her practice, Ms. Yum served as a Deputy District Attorney at the Riverside County District Attorney’s Office. She prosecuted cases involving domestic violence, felony crimes, and gang-related offenses, giving her direct insight into how prosecutors build DUI cases.
Ms. Yum is licensed to practice in both California and Illinois, including federal courts in the Southern and Central Districts of California. She has tried numerous jury and bench trials and has been featured on Fox News, HLN/CNN, Court TV, and NBC 7. Clients value her direct communication and prosecution-side insight, which she applies to identify weaknesses in every DUI case.
What Should You Do Immediately After an Underage DUI Arrest?
The first 10 days after an underage DUI arrest are critical. Missing the window to act can result in an automatic license suspension that could have been challenged.
Request a DMV Hearing Within 10 Days
When the officer confiscates your license and issues a temporary driving permit, a 10-day countdown begins. You must contact the DMV and request an Administrative Per Se hearing within those 10 days. If you do not request the hearing in time, the license suspension takes effect automatically after the temporary permit expires.
Requesting the hearing can delay the suspension, but not automatically in every case. The APS zero-tolerance suspension or revocation will be stayed only if you request a hearing within 10 days, and DMV cannot provide a hearing date before the suspension would otherwise take effect.
Hire an Attorney Before Your Court Date
An experienced DUI defense attorney can represent you at both the DMV hearing and in criminal court. The evidence gathered during the DMV hearing process, including police reports, calibration records for testing equipment, and officer testimony, often reveals weaknesses that can be used in the criminal case as well.
Key Takeaway: You have only 10 days after an underage DUI arrest to request a DMV hearing. Missing that deadline can cause the suspension or revocation to take effect.
What Defenses Apply to an Underage DUI?
An underage DUI charge does not automatically result in a conviction. Several defenses may apply depending on the facts of your case.
Was the Traffic Stop Lawful?
For a traffic stop to be legally valid, the officer must have had reasonable suspicion that a traffic law or other law was being violated. If the officer pulled you over without a valid reason, such as stopping you simply because you were driving late at night, your attorney can file a motion to suppress all evidence obtained after the unlawful stop. A successful suppression motion can lead to dismissal of the entire case.
Was the PAS Test Accurate?
Preliminary alcohol screening devices are used in under-21 DUI enforcement, and the test results can matter in both the DMV process and related court proceedings. Because testing procedures and equipment must comply with California rules, your attorney may review whether the device was used and maintained properly in your case.
Were Proper Testing Procedures Followed?
Officers and forensic alcohol laboratories must follow California rules for breath and alcohol testing. If the required procedures were not followed, or if the testing process was not properly documented, the defense may have grounds to challenge the results.
- Lack of reasonable suspicion for the initial traffic stop
- Inaccurate PAS device reading due to residual mouth alcohol
- Failure to follow Title 17 testing protocols
- Improper calibration or maintenance of breath testing equipment
- Rising blood alcohol defense (proving your BAC was below the 0.05% or 0.08% limit while driving but rose by the time you were tested).
- Medical conditions that affected test results
Underage DUI charges can be challenged on multiple grounds, from the legality of the traffic stop to the accuracy of the breath test. Even a small error in testing procedures can provide the basis for a successful defense.
What Are the Long-Term Consequences of an Underage DUI?
The penalties imposed by the court and the DMV are only the beginning. An underage DUI can affect a young person’s life for years after the case is resolved.
A DUI conviction remains on your DMV record for 10 years. If you pick up another DUI within that 10-year period, the court or DMV may impose increased penalties based on your prior DUI history. Insurance companies may also review your driving record, and a DUI conviction can lead to higher insurance costs.
How Does an Underage DUI Affect College and Employment?
A misdemeanor DUI conviction under VC 23152 creates a criminal case record. A VC 23140 infraction is less serious than a misdemeanor, but it is still a court matter and is reported to DMV after a finding of violation. Depending on the school, program, scholarship, or application involved, any alcohol-related driving case may raise extra questions.
Employment opportunities can also be affected. In California, employers generally cannot ask about criminal history before a conditional job offer, but they may review convictions later in the hiring process, subject to legal limits. A DUI conviction may also create problems for jobs that require driving or a clean driving record.
Additional Charges: Alcohol Possession in a Vehicle
Underage drivers arrested for DUI may also face charges under Vehicle Code Section 23224. It generally prohibits a person under 21 from knowingly driving with alcohol in the vehicle or possessing alcohol in a vehicle, with limited exceptions such as transportation with a parent, guardian, or other designated adult, or during qualifying employment. A violation is a misdemeanor punishable by up to six months in county jail, a fine of up to $1,000, or both. If the vehicle is registered to the under-21 offender, it may also be impounded for 1 to 30 days at the owner’s expense.
Key Takeaway: An underage DUI conviction can affect college admissions, scholarship eligibility, employment opportunities, and auto insurance rates for years. Fighting the charges to achieve a dismissal or reduction can prevent these long-term consequences.
How Are Underage DUI Cases Handled in Court?
The court that handles your case depends on your age and the severity of the charges. Understanding where your case will be heard helps you prepare for what comes next.
For drivers ages 18 to 20, where the case is heard depends on the charge and the part of San Diego County where the case was filed. Vehicle Code infractions are handled in the Traffic/Minor Offense Division.
The Central Courthouse at 1100 Union Street handles criminal misdemeanors and felonies. North County, East County, and South County also have their own court locations, and the assignment depends on the type of case and where the arrest happened.
How Are Juvenile DUI Cases Different?
For drivers under 18, the court process depends on the charge. In San Diego, juvenile justice cases involving offenses that would be misdemeanors or felonies if committed by an adult are handled at Juvenile Court on Meadow Lark Drive. But juvenile traffic infractions are heard in the adult traffic courts. Juvenile records are generally confidential, and some records are sealed automatically, while others require a separate request. A one-year license suspension or delay can still apply.
VC 23136 matters do not go through the criminal court system by themselves. They are handled through the DMV’s administrative process, which is separate from any criminal proceedings.
| BAC Level | Vehicle Code | Offense Type | License Penalty | Court Involvement |
|---|---|---|---|---|
| 0.01% or higher | VC 23136 | DMV administrative action | 1-year suspension or revocation under APS zero tolerance | DMV only (no court) |
| 0.05% or higher | VC 23140 | Infraction | 1-year suspension | Traffic/infraction court |
| 0.08% or higher | VC 23152 | Misdemeanor | APS + court suspension | Criminal court (adult 18+) or juvenile court (under 18) |
What Happens if You Refuse a Chemical Test During an Underage DUI Stop?
Refusing a requested test can lead to separate penalties in addition to any DUI charge.
A first refusal results in a one-year license suspension. A second refusal within 10 years leads to a two-year license revocation, and a third or subsequent refusal within 10 years triggers a three-year revocation. These penalties apply regardless of whether you are ultimately convicted of DUI.
Refusing the test does not mean you will avoid charges. The officer can still arrest you based on observed signs of impairment, and the prosecution can use your refusal as evidence against you in court. In many cases, refusing the test results in harsher consequences than submitting to it would have produced.
Legal Assistance for Underage DUI Cases in San Diego
An underage DUI arrest involves multiple legal and administrative processes, including a criminal case and a DMV hearing, with potential consequences for school and employment. Taking the time to understand your rights and explore your defense options can make a significant difference in the outcome.
Anna R. Yum has defended DUI cases throughout San Diego County for over 20 years. At the Law Offices of Anna R. Yum, our DUI defense lawyers handle every aspect of underage DUI cases, from requesting the DMV hearing to challenging breath test results and negotiating with prosecutors. We represent clients in all county court locations, including downtown, Vista, El Cajon, and Chula Vista.
Call the Law Offices of Anna R. Yum at (619) 233-4433 for a consultation. Our office is located at 1230 Columbia St #1140, San Diego, and we serve clients throughout the county, including Chula Vista, El Cajon, Escondido, Carlsbad, and La Jolla. We are available to answer your questions and begin building your defense immediately.
from Law Offices of Anna R. Yum https://www.annayumlaw.com/what-happens-dui-under-21-california/
No comments:
Post a Comment