Strategic Defense
From A Former Prosecutor

What are the penalties for underage DUI?

On Behalf of | Feb 6, 2025 | Drunk Driving

Drinking and driving under the age of 21 carries serious consequences in California. The state has strict laws to discourage underage drinking and driving, even for those with a small amount of alcohol in their system. If you or someone you know is facing an underage DUI charge, understanding the penalties can help you prepare for what comes next.

Zero tolerance law

California has a zero-tolerance law for drivers under 21. This means if an underage driver has a blood alcohol concentration (BAC) of 0.01% or higher, they can face penalties, even if they don’t feel impaired. A first offense can lead to a one-year driver’s license suspension, fines, and mandatory DUI education programs.

Penalties for higher BAC levels

If an underage driver has a BAC of 0.05% or higher, they may face additional consequences. These include:

  • A one-year driver’s license suspension
  • A fine of at least $100 for a first offense
  • A mandatory three-month alcohol education program if the driver is 18 or older

A BAC of 0.08% or higher results in the same charges as an adult DUI, including potential jail time, probation, and higher fines.

Additional consequences

Underage DUI can lead to other penalties beyond the legal system. A conviction may affect car insurance rates, college admissions, and job opportunities. Some schools and employers consider DUI convictions when making decisions about scholarships or hiring.

How to avoid underage DUI charges

The best way to avoid underage DUI charges is not to drink and drive. California offers rideshare services, taxis, and public transportation as safer options. If caught under the influence, refusing a chemical test results in an automatic one-year license suspension, making it harder to drive legally in the future.