Can You Get a DUI If You Are Under 21 and Not Over the Legal BAC Limit?
Yes. If you are under 21 and are found to have a BAC of 0.01% or higher, you can be charged with underage DUI. Because the legal BAC limit for drivers under 21 is so low, it is possible to be charged with the offense even if you have not consumed any alcohol. Many things can trigger a false positive on a breathalyzer test, including certain foods, medications, and mouthwashes.
If you are under 21 and are found to have a BAC of 0.05% or higher, you can be charged with wet reckless driving. This is a lesser offense than underage DUI and carries shorter license suspension and fewer penalties.
Is Underage DUI a Felony?
No. Underage DUI is a misdemeanor offense in California. However, if you have been previously convicted of underage DUI or any other DUI offense, you can be charged with a felony for subsequent offenses. A conviction for felony DUI can result in a state prison sentence of up to 4 years.
Can an Underage DUI Be Expunged?
Yes. You can apply to have an underage DUI conviction expunged from your criminal record. If the expungement is granted, the conviction will be set aside and you will be released from all penalties and disabilities resulting from the conviction. You can legally answer “No” if asked whether you have ever been convicted of a crime. However, the conviction will still be visible to law enforcement and can be used to increase the penalties for future DUI convictions.
Not all individuals who have been convicted of underage DUI are eligible for expungement. To be considered for an expungement, you must have successfully completed your probation and paid all of your fines and restitution. You must also not be currently facing any other criminal charges. A skilled Santa Rosa underage DUI attorney can help you determine if you are eligible for an expungement and guide you through the process.
Can You Go to Jail for an Underage DUI?
Yes, an underage DUI can lead to jail time. While a first-time offense is typically a misdemeanor, the penalties can still be severe:
- First Offense: Up to 6 months in jail and fines.
- Multiple Offenses: If you have prior DUI convictions, you can face felony charges, which may lead to up to 4 years in state prison.
Additionally, an underage DUI can result in:
- Driver’s license suspension
- Probation
- Mandatory DUI education programs
Even if you don’t serve jail time, an underage DUI conviction can have lasting consequences on your future.
How Long Does an Underage DUI Stay on Your Record?
A DUI conviction doesn’t just disappear when you turn 21. In California:
- An underage DUI remains on your criminal record permanently unless expunged.
- It can be used against you if you are charged with another DUI in the future.
- It can impact job opportunities, housing applications, and professional licensing.
For repeat offenses, courts may also require ignition interlock devices (IID) in your vehicle, which prevent you from driving if alcohol is detected in your system.
What Is the Legal BAC Limit for Minors?
California has a zero-tolerance policy for underage drinking and driving. The legal BAC (Blood Alcohol Content) limits for drivers under 21 are:
- 0.01% or higher → Underage DUI charge
- 0.05% or higher → Wet reckless driving charge (a lesser DUI-related offense)
- 0.08% or higher → Standard DUI charge, the same as an adult DUI
Even a single drink can put you over the legal limit. You don’t have to be drunk—any detectable alcohol in your system can result in an arrest.
Can a Minor Be Charged with an Open Container Violation?
Yes. It is illegal for anyone under 21 to have an open container of alcohol in a vehicle, regardless of whether they have consumed it.
- First offense: A misdemeanor, punishable by a fine and up to 6 months in jail.
- If the driver also has a BAC of 0.01% or higher, they can be charged with both an underage DUI and an open container violation.
These charges can lead to license suspension, probation, and a criminal record that may follow you into adulthood.
Can You Refuse a Breathalyzer Test If You Are Under 21?
No. California’s implied consent law requires all drivers—including minors—to submit to a chemical test (breath, blood, or urine) if lawfully arrested for DUI.
If a driver under 21 refuses:
- Their driver’s license will be suspended for 1 year (first offense).
- They could still be charged with DUI based on other evidence (such as field sobriety tests, officer observations, or witness statements).
- Refusal may increase penalties if convicted.
Refusing a breathalyzer does not help avoid DUI consequences—it often makes things worse.
The Impact of an Underage DUI on Your Future
Beyond legal penalties, an underage DUI can affect:
- College admissions – Some schools reject applicants with criminal records.
- Scholarships and financial aid – Certain grants and scholarships may be revoked.
- Job opportunities – Many employers run background checks.
- Auto insurance rates – Insurance premiums can skyrocket or result in cancellation of coverage.
If you’re facing an underage DUI charge, it’s critical to take immediate legal action to protect your future.
What to Do After Your Child Is Arrested for Underage DUI
An underage DUI arrest can move fast—often before families understand what rights they have or what deadlines apply. The choices made in the first days can impact the criminal case, the DMV process, school discipline, and your child’s future opportunities. Our office helps families in Santa Rosa and throughout Sonoma, Napa, and Marin Counties take immediate, practical steps to protect a minor’s record and reduce long-term consequences.
Important early actions that can make a difference
- Do not assume the criminal case is the only case. Many minors face a separate DMV license action that requires a timely request for a hearing.
- Preserve evidence while it’s still available. Dash cam/body cam footage, breath device maintenance logs, and witness statements can become harder to obtain with time.
- Be careful with statements. Even “trying to explain” to an officer, school administrator, or probation officer can unintentionally create admissions.
- Track paperwork and dates. Citation details, court notices, DMV forms, and release paperwork often contain deadlines that affect license and court options.
Where underage DUI cases commonly create hidden consequences
Beyond court penalties, a juvenile DUI can trigger collateral issues that families don’t always expect:
- DMV and driving privileges: Administrative actions can limit driving even if the criminal case is still pending.
- School discipline and extracurriculars: Athletics, leadership roles, and campus parking permits may be impacted.
- Insurance and family finances: Premium increases and SR-22 requirements can be substantial.
- College and employment applications: A juvenile record can raise questions during background checks or admissions reviews, depending on the circumstances and how the case is resolved.
How an underage DUI defense is built
Every situation is different, but effective defense often starts by closely reviewing how the stop, testing, and arrest happened. Depending on the facts, we may focus on issues such as:
- Whether the traffic stop was lawful and properly documented
- Whether field sobriety tests were administered appropriately for a minor
- Breath or blood testing reliability (calibration, collection, handling, and chain of custody)
- Rising BAC and timing issues (what the test shows vs. what the BAC may have been while driving)
- Opportunities for reduced charges or alternative resolutions that better protect a young person’s future
If your child is facing an underage DUI in Santa Rosa or the surrounding counties, getting legal guidance early can help you avoid costly missteps and pursue the most favorable outcome possible.
Understanding Your Rights and Options
Facing a juvenile DUI charge can be a confusing and stressful experience for both the minor and their family. At Wilber Law Offices, P.C., we believe it's essential to empower our clients by providing clear information about their rights and available legal options. Understanding what's at stake can significantly impact the outcome of your case.
Here’s what you need to know:
- Right to Counsel: Every minor charged with a DUI has the right to legal representation. It’s crucial to have an attorney who specializes in juvenile law to navigate the complexities of the case.
- Potential Consequences: Beyond immediate penalties like fines or license suspension, a DUI conviction can impact college admissions and job opportunities.
- Alternative Sentencing: California law offers alternatives to traditional penalties, including diversion programs aimed at rehabilitation rather than punishment.
- Impact on Driving Privileges: Understand the administrative and criminal implications that can affect a minor's driving record for years to come.
By choosing Wilber Law Offices, P.C., you gain access to experienced attorneys committed to providing personalized guidance and defense strategies tailored to the unique circumstances of your case. Together, we can work toward a resolution that protects your future.
The Importance of Choosing an Experienced Juvenile DUI Attorney
Facing a DUI charge can be particularly daunting for minors and their families. Choosing the right attorney is crucial to navigating the complexities of juvenile law. An experienced juvenile DUI attorney from Wilber Law Offices, P.C. understands the unique challenges posed by underage cases and is committed to protecting your rights and future.
Here's why having a skilled attorney by your side can make a significant difference:
- Expertise in Juvenile Law: Our attorneys are well-versed in the specific laws and regulations governing juvenile offenses, ensuring that your case is handled correctly from the outset.
- Personalized Defense Strategies: We take the time to understand your individual situation and develop a tailored defense strategy aimed at achieving the best possible outcome.
- Minimizing Long-Term Consequences: With effective representation, we can help reduce penalties, prevent a criminal record, and keep educational and job opportunities open for the future.
- Support and Guidance: We provide compassionate support to both the minor and their family throughout the legal process, answering questions and addressing concerns every step of the way.
Don’t leave your future to chance. Make an informed decision and ensure your case is handled by a dedicated professional. Contact Wilber Law Offices, P.C. today for a consultation.
How Can an Attorney Help Me Fight Underage DUI Charges?
If you are under 21 and have been charged with DUI, it is important to contact a skilled Santa Rosa underage DUI attorney as soon as possible. A DUI conviction can have serious consequences, including fines, jail time, driver's license suspension, and a criminal record. An attorney can help you understand your rights and legal options and guide you through the legal process.
When you hire an attorney, they can help you by:
- Conducting a thorough investigation of your case
- Challenging the results of your breathalyzer test
- Filing any necessary motions and legal documents
- Representing you at all court hearings and proceedings
- Negotiating with the prosecution for a reduced charge or sentence
- Fighting for a “not guilty” verdict at trial, if necessary
At Wilber Law Offices, P.C., our Santa Rosa underage DUI defense lawyer has over 45 years of experience. We have a deep understanding of California DUI laws and can help you navigate the legal process. Our attorney is a skilled negotiator and litigator and will fight tirelessly for the best possible outcome in your case.
