Underage DUI in California – What Parents Need to Know

Driving under the influence (DUI) is always a serious offense, but when the driver is under 21, California law becomes even more strict. As a parent, it’s crucial to understand what underage DUI entails, what penalties your teen could face, and what steps to take if an incident occurs. This guide breaks down everything you need to know to protect your child and take appropriate action if needed.

What Is an Underage DUI?

California enforces a zero-tolerance policy for underage drinking and driving. That means anyone under the age of 21 is not allowed to drive with any measurable amount of alcohol in their system.

There are three levels of DUI-related charges that a teen might face:

• A zero-tolerance violation if their blood alcohol concentration (BAC) is 0.01% or higher.

• An underage DUI infraction if their BAC is 0.05% or higher.

• A full adult DUI misdemeanor or felony if their BAC reaches 0.08% or higher, or if they are impaired by drugs or alcohol regardless of BAC.

Penalties for Underage DUI in California

The consequences for underage DUI vary depending on the BAC level and whether this is a first or repeat offense.

Zero-Tolerance Violation (BAC of 0.01%+)

• One-year driver’s license suspension

• No criminal conviction (it’s a civil offense)

• Possible fines and community service

• Mandatory completion of alcohol education programs

Underage DUI (BAC of 0.05%+)

• Treated as a traffic infraction

• One-year driver’s license suspension

• $100 fine or more

• Enrollment in a DUI education program, typically three months long

• Alcohol awareness counseling in some cases

Adult-Level DUI (BAC of 0.08%+ or signs of impairment)

• Criminal misdemeanor charges

• Jail time (up to six months for first offense)

• Fines, which can exceed $1,000

• License suspension

• Probation

• Mandatory DUI classes

• Possible installation of an ignition interlock device

These offenses can have long-term effects on a young person’s record, insurance premiums, and eligibility for certain jobs or college programs.

License Suspension and the DMV Process

Underage drivers stopped for suspected DUI must submit to chemical testing. Refusal to take a breath, blood, or urine test results in an automatic one-year license suspension—even for a first offense. This is enforced by the Department of Motor Vehicles (DMV), independent of any court proceedings.

Teens have the right to request a DMV hearing to contest the suspension, but the request must be made within 10 days of the arrest.

Criminal vs. Civil Offenses

• Civil (Administrative): Violations like having a 0.01% BAC result in DMV-administered penalties. These don’t result in a criminal conviction but still lead to license suspension.

• Criminal: Charges that involve 0.05% or higher BAC, or signs of impairment, are treated as infractions or misdemeanors and are handled through the court system.

How Underage DUIs Affect Insurance

Even a minor DUI offense will likely lead to significantly increased auto insurance premiums. In some cases, insurers may cancel the policy altogether. A DUI on a minor’s record can remain for years, impacting their ability to get affordable coverage.

Defending Against an Underage DUI Charge

Parents should know that there are potential legal defenses, such as:

• Challenging the accuracy of the breathalyzer or test procedure

• Questioning the legality of the traffic stop

• Proving the BAC reading was the result of mouth alcohol (e.g., from mouthwash or certain medications)

• Showing that the officer didn’t follow proper arrest protocols

An experienced DUI defense attorney can assess the details and build an appropriate case to reduce or dismiss the charges, especially for first-time offenders.

What Parents Can Do to Prevent Underage DUI

Preventing underage DUI begins at home. Here are a few things you can do to help protect your teen:

Open Up the Conversation

Encourage honest, judgment-free discussions about alcohol, peer pressure, and the real-life consequences of impaired driving. Teens are more likely to make safe decisions when they feel supported, not lectured.

Set Expectations and Boundaries

Make it clear that drinking and driving are never acceptable. Outline family rules and the legal consequences, and stick to any agreed-upon repercussions.

Offer Alternatives

Provide options like ride-share credits, taxi money, or a no-questions-asked pick-up policy. Make sure your teen knows they always have a safe way to get home.

Supervise and Stay Involved

Know where your teen is going, who they’re with, and how they’re getting there and back. Be present, involved, and alert to signs of risky behavior.

Lead by Example

Teens are more likely to model responsible behavior if they see their parents making smart decisions about alcohol and driving.

What to Do If Your Teen Is Arrested for DUI

If your child is arrested for DUI, don’t panic—but take action quickly and responsibly.

• Hire a qualified attorney: Seek legal counsel who specializes in underage or juvenile DUI cases in California.

• Request a DMV hearing: You only have a short window to challenge a license suspension.

• Follow all court orders: Make sure your teen completes DUI school, community service, or other conditions to avoid harsher penalties.

• Secure SR-22 insurance: If needed, this proves financial responsibility and is often required after DUI convictions.

• Support your teen: Help them process the incident, learn from it, and move forward responsibly.

Long-Term Consequences of a DUI on a Young Record

A DUI—whether a civil violation or criminal offense—can have ripple effects:

• Impact on job opportunities (especially those requiring driving)

• Future car insurance issues

• Criminal record that may follow them for years

Fortunately, there may be options for record sealing or expungement after a certain period, especially for juveniles. An attorney can guide you on this process once all penalties have been satisfied.

Summary Table

California takes underage DUI very seriously—and so should parents. Whether your teen has already been involved in an incident or you’re simply preparing for the future, staying informed and engaged is your best defense.

Talk to your teen early. Set clear rules. Know what to do if something happens. And most of all, help them build the habits and confidence they need to make safe choices for life.

Need Help? 

If your child has been arrested or cited for underage DUI, don’t face the legal system alone. The consequences can be long-lasting—but the right legal representation can make all the difference.

At Southwest Legal, we specialize in defending minors and young adults facing DUI and traffic-related offenses in California. Our experienced legal team understands the unique challenges of underage DUI cases and will fight to protect your child’s future.

Free  consultation
Expert guidance through DMV hearings and court processes
Compassionate support for both parents and minors
Proven track record of reducing or dismissing charges

Call us today. Your teen deserves a second chance. Let Southwest Legal help you make it happen.