DUI Charges Under the Age of 21 Attorney in Los Angeles

California maintains strict laws governing driving under the influence (DUI) for individuals under 21. Even small amounts of alcohol in a young person’s system can trigger serious legal consequences. The differences in how the courts and the Department of Motor Vehicles (DMV) handle these underage cases compared to adult DUI matters stem from what is often termed a “zero tolerance” policy. Below is a detailed analysis of the relevant Vehicle Code and Penal Code sections, the role of jury instructions, and how sentencing typically works for underage DUI offenses in Los Angeles. A skilled DUI defense lawyer will help you understand these laws to protect your rights and your freedom.

California Vehicle Code Section 23136 establishes what is often called the zero tolerance rule. Anyone under the age of 21 who drives with a blood alcohol concentration (BAC) of 0.01% or higher can face an automatic one-year license suspension, even if they were not driving erratically. These rules exist as part of a civil or administrative penalty, meaning the DMV handles the license suspension rather than the criminal courts. Because this is an administrative matter, defendants (or their attorneys) must request a DMV hearing within ten days of the arrest or citation to challenge the suspension. Failure to do so will typically forfeit the right to contest the license penalty.

A key point to keep in mind is that any measurable amount of alcohol can trigger the suspension. The policy extends to trace alcohol from items like certain over-the-counter cough syrups, mouthwashes, or any other product containing alcohol. If the test administered by law enforcement detects a BAC of 0.01%, the DMV can proceed with a suspension. This standard is different from the usual adult DUI threshold of 0.08% under California Vehicle Code Section 23152(b) because the law’s goal is to deter underage individuals from driving after consuming any alcohol at all.

California Vehicle Code Section 23140 addresses drivers under 21 who operate a vehicle with a BAC between 0.05% and 0.07%. In these instances, the defendant faces an infraction, not a misdemeanor or felony. While an infraction may sound minor compared to a typical DUI, the consequences are still severe for someone under 21. A conviction can bring fines and, in many cases, a mandatory one-year driver’s license suspension under the same zero tolerance principles found in Section 23136.

To enforce this law, an officer may administer a preliminary alcohol screening (PAS) test. Though PAS tests can sometimes be challenged for accuracy, particularly if there are questions regarding proper calibration or administration, an underage driver should understand that refusing to take a chemical test can carry additional penalties and complications, particularly for someone holding a provisional license or seeking the right to drive in the future.

If an underage individual is caught driving with a BAC of 0.08% or higher, the matter typically proceeds under the same criminal statutes that apply to drivers over 21. These charges often reference California Vehicle Code Section 23152, the primary statute for DUI in the state. The prosecutor can file charges under 23152(a) (driving under the influence) and 23152(b) (driving with a BAC of 0.08% or more). A first offense for an underage DUI at or above this limit is normally charged as a misdemeanor.

Potential penalties for a misdemeanor DUI can include three to five years of summary probation, fines of up to $1,000 (plus penalty assessments that can significantly increase the total financial burden), mandatory alcohol education classes, and up to six months in county jail. The court can also impose a license suspension, which might be ordered alongside the zero tolerance suspension, effectively lengthening the total time a young driver must spend without a valid license. Additionally, the court may impose other requirements, such as attending a Mothers Against Drunk Driving (MADD) panel, community service, or other terms of probation.

When an underage DUI case involves an accident that leads to injury, prosecutors can choose to charge the matter as a misdemeanor or a felony under California Vehicle Code Sections 23153(a) and 23153(b). If someone suffers significant bodily harm, the prosecution may treat the offense as a felony DUI, which can have far-reaching consequences, including a potential prison sentence. In cases where a death occurs, charges can escalate into felony vehicular manslaughter under Penal Code Section 192(c) or even gross vehicular manslaughter (Penal Code Section 191.5) if the actions are deemed particularly egregious.

While these more severe charges are less common than infractions or misdemeanor DUI matters, it is crucial to understand that the law does not make special allowances simply because the defendant is under 21. If the injuries are severe or fatal, the matter can proceed under the same statutes used for adult drivers, resulting in devastating legal and personal consequences.

Though DUI is most often charged under the California Vehicle Code, there are Penal Code sections that come into play if the offense is accompanied by certain aggravating factors. As noted above, if there is a fatality, Penal Code 192(c) (vehicular manslaughter) or Penal Code 191.5 (gross vehicular manslaughter) may apply. In instances where a defendant interferes with a peace officer’s investigation—such as resisting arrest or committing battery on an officer—Penal Code sections on those additional crimes may be charged alongside the DUI. Therefore, while the primary authority for DUI is in the Vehicle Code, the Penal Code can add layers of charges or enhancements, further complicating the legal situation.

In California, jury instructions outline the elements the prosecutor must prove beyond a reasonable doubt. The Judicial Council of California provides CALCRIM instructions for DUI offenses. For standard adult DUI, instructions such as CALCRIM 2110 (Driving Under the Influence) and CALCRIM 2111 (Driving with a Blood Alcohol of 0.08% or more) guide the jury through the exact elements that must be established. These include proof that the defendant drove a vehicle, that they did so while under the influence or with the prohibited BAC level, and that the chemical tests were conducted properly.

In an underage DUI prosecution, the core concepts remain similar but may be modified to include the zero-tolerance standards set forth by Vehicle Code Section 23136 or the infraction-level offense under Section 23140. While there is no separate CALCRIM instruction solely for under-21 infractions, prosecutors often adapt language from the standard DUI instructions, emphasizing the lower BAC threshold and the fact that the defendant was under 21 at the time. Defense counsel frequently challenges the accuracy and reliability of the chemical tests or raises doubt regarding whether the device accurately measured the low amount of alcohol in the defendant’s system.

The sentence in an underage DUI case depends on multiple factors, including the BAC level, any prior offenses, and the presence of any aggravating circumstances such as speeding, reckless driving, or collisions causing injuries. Below are some of the most common sentencing components:

• Suspension or Delay of License. For a first offense with a BAC of 0.01% or higher, the DMV can suspend the license for a year or delay issuance of a license if the person does not yet have one. This suspension is primarily administrative. If the offense involves a BAC of 0.05% or higher, the court may impose additional restrictions in addition to the DMV suspension. And if the BAC is 0.08% or higher, a separate court-ordered suspension can be imposed, sometimes overlapping but often adding up to more total time off the road.
• Fines and Fees. Even infractions under Vehicle Code Section 23140 come with fines that can total a few hundred dollars, not counting court costs and penalty assessments. A misdemeanor DUI for underage defendants can carry fines of up to $1,000. When penalty assessments are added, the actual cost can climb significantly higher.
• Alcohol Education Programs. Courts commonly require the completion of an alcohol education class or DUI program. The length of these programs can vary, but even first-time offenders often must attend a three-month or longer course. The court or DMV may also require attendance at a youth-oriented program focusing on the dangers of driving under the influence, sometimes in combination with additional counseling or treatment if the offense suggests a pattern of alcohol misuse.
• Probation. Summary (informal) probation is typical for a first DUI misdemeanor conviction, lasting between three to five years. Under the terms of this probation, the defendant must avoid further criminal offenses, complete any ordered programs, and pay all fines. Violating these conditions can lead to additional penalties, including jail time.
• Jail or Juvenile Detention. For most underage first offenders, jail time is not the most common outcome unless there are aggravating factors like a high BAC, an accident, or multiple prior offenses. However, a court can order up to six months in county jail for a first misdemeanor DUI under Vehicle Code Section 23152. In cases involving minors who do not yet qualify as adults in the eyes of the criminal system, the matter may proceed in juvenile court, potentially resulting in time in a juvenile detention facility rather than an adult jail.
• Collateral Consequences. An underage DUI conviction can lead to lasting difficulties beyond the immediate penalties. Insurance rates may rise dramatically, colleges and employers might view the conviction unfavorably, and certain educational or professional pathways, particularly those requiring clean driving records, could be impacted.

While a lower BAC threshold makes an underage DUI easier for the prosecution to prove, there are still potential defenses:

• Questioning the Validity of the Traffic Stop. Law enforcement must have reasonable cause to pull a driver over. If the stop itself was illegal, any subsequent evidence could be suppressed.
• Challenging Testing Procedures. Machine calibration errors, improper administration of the test, or contamination of the sample can all undermine the reliability of a blood or breath test. This defense can be particularly relevant when someone’s BAC is close to the 0.01% or 0.05% thresholds, where even a small inaccuracy in measurement can mean the difference between a conviction and a dismissal.
• Rising BAC. Alcohol levels can continue to rise between the time a person is stopped and the time the test is administered. This argument is often used in standard DUI cases but can apply with minor modifications for underage DUI when borderline readings are at issue.
• Lack of Probable Cause. Even after a valid stop, if officers did not have probable cause to administer a breath or blood test, a skilled defense attorney can argue to dismiss evidence gleaned from that test.

Minors face life-altering outcomes if convicted of DUI. A license suspension, steep fines, and a criminal record can disrupt educational paths and job opportunities. It is therefore crucial to have an attorney who understands both the criminal court process and the administrative proceedings at the DMV. An experienced lawyer knows how to evaluate the evidence, negotiate with prosecutors, and present compelling defenses at trial or during hearings. They can also guide defendants through diversion options or help secure more favorable pleas that limit the long-term impact of an underage DUI.

If you are under 21 and charged with DUI in Los Angeles, or if your child is facing these charges, seeking effective legal representation as soon as possible is essential. Attorney Michael Kraut, a former Deputy District Attorney with over 14 years of prosecutorial experience, understands the nuances of underage DUI defense. He has successfully handled a wide variety of DUI cases, including those involving minors, and brings a proactive, aggressive approach to protecting his clients’ rights. From challenging the arrest and testing procedures to negotiating with prosecutors, the attorneys at Kraut Law Group Criminal & DUI Lawyers Inc. will work tirelessly to ensure the best possible defense.

California’s zero tolerance policy for under-21 drivers can impose harsh penalties for even minor alcohol consumption. Know that there are defenses available and that having the right legal advocate can make an enormous difference. To discuss your case in detail, contact Attorney Michael Kraut at (323) 464-6453. Kraut Law Group Criminal & DUI Lawyers are dedicated to analyzing every angle, challenging any questionable evidence, and guiding you through the complexities of both criminal proceedings and DMV hearings. The stakes are high, so do not delay in seeking qualified legal counsel who will champion your case and fight for your future.