Many people consume alcohol before turning 21. For young individuals in the United States, it resembles a rite of passage in specific ways. Drinking before age 21 is still prohibited, as is operating a vehicle while intoxicated.
The recommended course of action for anyone under the age of 21 is to never drive after drinking alcohol. However, if you are charged with a DUI, you should immediately speak with a knowledgeable DUI defense attorney in Los Angeles. Your attorney can review your case, develop the best factual and legal defenses on your side, and negotiate a favorable resolution on your behalf.
California DUI Laws On Underage Offenders
California has strict laws against drunk driving, even young people. But unfortunately, the legislation is different for people under the age of 21, which increases the likelihood that you'll break the law and incur severe consequences.
Let's look at how California DUI cases differ for underaged offenders:
1. Lower BAC Legal Limit For Offenders Under 21
In California, the strict zero tolerance law applies to anyone under 21. This suggests that the legal blood alcohol content (BAC) limit for someone under the age of 21 is .01 percent, while the limit for someone over 21 is. 08 percent. Additionally, it implies that you are not permitted to object to a roadside breathalyzer test and that additional costs may apply based on your level of intoxication.
One of the most challenging aspects of California's zero-tolerance DUI law is that you will be charged with a DUI if any drug, even prescription, causes your blood alcohol content to rise. It doesn't take much for most people to reach a BAC of .01 percent. If not less, it could be as little as one beer or mixed drink. Almost any amount of alcohol taken while driving might result in a DUI arrest because the limit is so low.
2. You Cannot Refuse A Roadside Breathalyzer Test
If you are stopped for suspected drunk driving while under 21, you have given up the crucial right to refuse a roadside breathalyzer test. If you are over 21, you can typically tell the police that you won't submit to a breathalyzer test unless you are on probation for a DUI.
However, if you are under the age of 21, you must take the test or face further penalties for doing so or for declining to do additional tests after you have been detained.
3. Conviction Or License Suspension Depending On The Case
You could face charges for a regular (adult) DUI if your blood alcohol content (BAC) is much greater than the young driver's legal limit. This occurs when your blood alcohol content (BAC) is.05 percent or above.
That said, for regular California DUI offenses, penalties can differ between adult and underage offenders on the following:
- A DUI conviction leads to a one-year license suspension for those who are over 18, a fine, and three months or more of mandatory DUI programs.
- Under the zero-tolerance law, an underage DUI will result in a one-year license suspension.
That said, it's essential to seek legal counsel from a prescreened DUI defense attorney in Los Angeles to represent you in court, collect evidence, and get the best outcome for your DUI charge in California.
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