California implemented a “zero tolerance” legislation for children and DUI to combat underage drinking. Anyone under the age of 21 who drives with any measurable level of alcohol in their system commits a felony. Because the consequences for this offense are severe, anybody charged with an underage DUI should seek the assistance of an experienced DUI defense attorney to help them fight the charges.

Underage DUI doesn’t have to involve impairment

DUI stands for driving while inebriated. If you are under the age of 21, however, you can be convicted of a DUI even if there is no evidence that you were affected by alcohol while driving. Because California maintains a zero-tolerance policy for young drivers, this is the case.

A prosecution must establish that you were driving a vehicle with a blood alcohol content (BAC) of 0.01 percent or greater after ingesting an alcoholic beverage to convict you of an underage DUI.

An “alcoholic beverage” can refer to any means of ingesting alcohol, not simply beer, wine, or spirits, according to legal definitions. Drinking cold medication or mouthwash, for example, can result in accusations of underage DUI. It doesn’t take much to get your blood alcohol level to 0.01 percent. If someone under the age of 21 consume alcohol and then drive, any amount of alcohol can result in an underage DUI.

Minors are required to take a breathalyzer test on the side of the road

Drivers under the age of 21 implicitly consent to a preliminary alcohol screening (PAS) test, unlike the majority of motorists. The PAS test is a roadside breathalyzer that tries to figure out your blood alcohol content. On the request of law enforcement, a person under the age of 21 who is pulled over and suspected of drinking must take the PAS test.

If you refuse to take the PAS breathalyzer, your driver’s license will be automatically suspended for a year. A hardship license with work or educational driving privileges is not available for this suspension.

Unless they have a past DUI conviction, adult drivers 21 and older can decline the PAS test without consequence. Because of environmental influences, calibration difficulties, and varied techniques, the PAS test is unreliable. However, if you are under the age of 21 and the PAS test detects any alcohol on your breath, you will be charged with underage DUI.

Suspension is the result of a zero-tolerance DUI arrest

In California, an underage DUI is not a crime, but rather an infraction that results in an automatic license suspension. You will be issued a temporary 30-day license following your citation, pending an administrative hearing with the DMV.

The length of your license suspension, as well as what hardship driving privileges you can keep, will be established during the DMV hearing. These rights might include the ability to drive to work or school, as well as for personal reasons.

Though a zero-tolerance DUI under the age of 21 is not a crime in and of itself, you may be arrested and charged under other DUI statutes. For example, if your blood alcohol concentration (BAC) is higher than 0.05 percent or if you are really driving while intoxicated, you might face the entire extent of the penalties. For most incidents, you may only be charged with one sort of DUI. Underage DUI is distinct from adult DUI in that it allows you to face the penalties of each violation.

If you are in need of help from a criminal defense attorney, contact Simmons Wagner, LLP at (949) 439-5857 for a consultation today.