Under-21 DUI & Zero Tolerance in California
California enforces strict zero-tolerance laws for drivers under the age of 21. Even a small amount of alcohol can result in a license suspension, fines, and long-term record impact. At Walia Law Firm, we provide compassionate, strategic defense for underage DUI cases across the San Francisco Bay Area, coordinating DMV hearings, license reinstatement, and emergency guidance.
What Is the Zero Tolerance Law?
Under Vehicle Code §23136, drivers under 21 cannot drive with a BAC of 0.01% or higher. Unlike adult DUIs, this law requires no proof of impairment — any detectable alcohol triggers a violation.
Penalties for Under-21 DUI
| Violation Type | Penalties |
|---|---|
| BAC 0.01%+ (Zero Tolerance) | 1-year license suspension |
| BAC 0.05%–0.07% | Fines, DUI program, 1-year suspension |
| BAC 0.08%+ (Standard DUI) | Jail time, DUI school, fines, and 1-year suspension |
Understanding Zero Tolerance vs. Standard DUI
Underage drivers face multiple potential violations depending on their BAC level:
- Zero Tolerance (VC §23136): Administrative violation for any measurable alcohol
- Underage DUI (VC §23140): Criminal charge for BAC 0.05% or higher
- Standard DUI (VC §23152): Adult-level charges for BAC 0.08% or higher
Common Defenses for Underage DUI
Even in zero tolerance cases, effective defenses exist:
- Faulty breath or PAS device
- Unlawful stop or detention
- Contaminated sample or improper testing
- Lack of probable cause
- Violation of search or seizure rights
The Impact on Young Lives
An underage DUI can have far-reaching consequences beyond immediate penalties:
- Loss of driving privileges affecting school and work
- Impact on college applications and scholarships
- Employment background check concerns
- Military service complications
- Professional licensing issues in the future
- Increased insurance costs for years
Protecting Your Future
A DUI conviction at a young age can affect college admissions, scholarships, and employment. Our firm works to protect your record, explore diversion programs, and avoid license suspension whenever possible.
DMV Proceedings for Underage Drivers
Underage DUI cases often involve both criminal court and DMV administrative actions. The DMV can suspend your license even if criminal charges are dismissed. You have 10 days to request a hearing to challenge the suspension.
Immediate Steps After an Under-21 DUI Arrest
- Contact an experienced DUI defense attorney immediately.
- Request the DMV hearing within 10 days to contest license suspension — follow the steps in our DMV timeline guide.
- Notify parents/guardians and involve them in the defense strategy.
- Preserve all documentation related to the arrest.
- Do not discuss the case with anyone besides your attorney.
- Consider proactive steps like alcohol education programs.
Why Choose Walia Law Firm
With over 20 years of experience, Attorney Ginny Walia defends young drivers and their families with understanding, discretion, and skill — helping them move forward without lasting damage.
- Compassionate approach to young client defense
- Experience with college and scholarship preservation
- Family-centered legal strategies
- Proven track record in underage cases
Areas We Serve
Counties: Alameda, Santa Clara, Contra Costa, San Mateo, San Francisco
Cities: Fremont, Oakland, San Jose, Hayward, Redwood City, Pleasanton, Walnut Creek, and surrounding areas.
