Underage DUI Laws in California
Underage DUI has specific laws. California is a "zero tolerance" state in regards to underage drinking and driving. An individual who is under 21 and is found to have a BAC level of .01% or above will be charged with DUI.
There are actually three different criminal offenses related to underage DUI in California:
- Blood alcohol level of .01% or greater (California Vehicle Code Section 23136)
a driver under the age of 21 who operates a motor vehicle while with a blood alcohol concentration of .01% or greater may face driver's license suspension for 1 year.
- Blood alcohol level of .05% or greater California Vehicle Code Section 23140)
a driver under the age of 21 who operates a motor vehicle with a blood alcohol concentration of .05% or greater may face a mandatory alcohol education/rehabilitation program, as well as driver's license suspension for 1 year.
- Blood alcohol level of .08% or greater (California Vehicle Code Section 23152)
for a driver of any age, having a blood alcohol concentration of .08% or greater is a criminal offense which may be charged as a misdemeanor or a felony and may be punishable by: imprisonment, fines, driver's license suspension, community service, probation, and more. In addition to facing regular DUI charges under California Vehicle Code 23152, a driver under the age of 21 may also face additional administrative penalties under California Vehicle Code Section 23136 and 23140.