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San Jose Underage DUI LawyerAcross the United States, laws require anyone drinking alcohol to be 21 years of age or older. A blood alcohol content of .08% is considered drunk driving. While minors can get into trouble for having alcohol in their system or on their person anytime, they will definitely face some strong penalties if they are caught driving under the influence. California’s “zero tolerance” law states that if an under-21 driver is found to have any alcohol at all in their system, even trace amounts, then they can be charged with DUI.

What Happens After an Underage DUI Arrest?

If you are a minor, and you are pulled over or get into an accident, and then you test positive for alcohol, then your license will likely be confiscated at the scene. The incident will be reported to the DMV, and an administrative review will follow. Generally, a first DUI offense for a minor will result in a one-year license suspension. The same is true if you refused to take a chemical test at the time of the incident.

If you are charged with a second DUI offense within 10 years, your license will probably be revoked for two years. A third DUI within 10 years will net a three-year revocation. These punishments are dealt by the DMV. You will typically face additional punishments through the court.

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underage DUI, San Jose DUI lawyer, adult DUI, drinking and driving, underage drinking consequencesThe number of underage adults who drink and then drive has fallen in recent years, but the issue still remains prevalent. In 2016, 15 percent of drivers aged 16-20 who were involved in fatal accidents were reported to have a blood alcohol content (BAC) of .08 or higher, according to the National Highway Traffic Safety Administration (NHTSA).

In California, the laws for underage drivers who choose to drink before they get behind the wheel are strict. Knowing these laws and what punishments they carry can play an important role in your defense if you are charged with an underage DUI.

The Laws

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