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Underage DUI Laws in Sacramento
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Underage DUI Laws in Sacramento
Getting arrested for drunk driving can be scary and have major consequences, especially if you’re under 21. Even though you can legally drive at 16 in California, the DUI laws are extra strict for underage drivers. Here’s what you need to know about underage DUIs in Sacramento.
Zero Tolerance Law
California has a zero tolerance law for underage DUIs. This means if you’re under 21 and are caught driving with any amount of alcohol in your system, you can be arrested. The legal BAC limit for drivers 21 and over is 0.08%, but for underage drivers, even 0.01% is illegal [1].
So even one beer or a few sips of a drink can put you over the limit. The zero tolerance law doesn’t care if your driving was actually impaired or not – any detectable alcohol is grounds for a DUI.
Penalties for Underage DUIs
A first offense underage DUI conviction can lead to the following penalties:
- Driver’s license suspended for 1 year
- Fines up to $1000
- Up to 6 months in jail
- 5-week DUI education program
- 2 DUI “impact” panels
- Possible community service
If there was an accident related to the DUI that injured or killed someone, the penalties get even worse. You could face felony charges and years in prison.
These are just for a first offense. If you get additional underage DUIs, the punishments ramp up quickly. A second offense could mean up to a year in jail plus thousands of dollars in fines [2].
DMV Hearing
After an underage DUI arrest, the police will confiscate your license. But you have the right to request a hearing with the DMV to contest the license suspension. This is separate from your criminal DUI charges.
With the help of a DUI lawyer, you may be able to get a restricted license or delay the suspension so you can still drive legally while your case is pending. But you only have 10 days after your arrest to request a DMV hearing, so don’t delay.
Additional DUI Charges
Underage drivers can also be charged with “normal” adult DUI offenses in addition to the underage zero tolerance violation. These include:
- VC 23140 – Driving with a BAC of 0.05% or higher when under 21
- VC 23152(a) – Driving while impaired by alcohol or drugs
- VC 23152(b) – Driving with a BAC of 0.08% or higher (for drivers 21+)
So even if you’re under 0.08%, you could still be looking at a DUI if officers determine you were driving recklessly or dangerously due to being impaired. A DUI lawyer can help pick apart the evidence and fight any charges that seem unlawful or exaggerated.
Penalties for Multiple Underage DUI Convictions
If you’re convicted of multiple underage DUIs, the punishments escalate severely:
- 2nd offense – Up to 1 year in jail, $1000 fine, 18+ month license suspension
- 3rd offense – Up to 1 year in jail, $1000 fine, 3+ year license suspension
- 4th offense – Up to 1 year in jail, $1000 fine, 4+ year license suspension
And those are just the mandatory minimums – judges have discretion to impose even harsher penalties if they want. That’s why it’s so important to fight any subsequent underage DUI charges with an experienced DUI attorney by your side.
Underage DUI Defenses
There are many ways a skilled DUI lawyer can get underage DUI charges reduced or dismissed. Here are some of the most common defenses:
- Illegal traffic stop – If officers didn’t have valid reason to pull you over, evidence from the stop can be thrown out
- Faulty breathalyzer – Machines have margins of error and need frequent recalibrating
- Mouth alcohol – Breath tests can be falsely high if you burped, vomited, or had other mouth alcohol
- Medications – Some meds like cough syrup contain alcohol and can cause false positives
- Involuntary intoxication – You unknowingly ingested alcohol without your knowledge
An attorney can also negotiate plea deals, like getting eligible charges reduced from DUIs to reckless driving. And they can advocate for punishments like home arrest, work permits, and lowered fines based on financial hardship.
Sacramento DUI Lawyers
Navigating underage DUI charges is complex, with both criminal and DMV components. Having an experienced DUI attorney represent you can make all the difference. Some top-rated DUI lawyers in Sacramento include:
Most offer free consultations to review your case. Be sure to ask about their experience with underage DUIs specifically. Retaining a lawyer quickly after your arrest can greatly help your defense.
Avoiding Underage DUIs
The best way for underage drivers to avoid a DUI is simply not to drink at all if you plan on driving. Even one beer is enough to violate the zero tolerance law. If you’ve been drinking, use a designated driver, taxi, or rideshare service to get home safely.
Also be very wary about driving with friends who have been drinking. In California, you can get a DUI just for sitting in a parked car with keys in the ignition if you’re under the influence. And if an intoxicated friend causes an accident while you’re a passenger, you could still face legal consequences for enabling drunk driving.
Finally, don’t assume house parties or private settings protect you from DUIs. Police often patrol neighborhoods on weekends specifically looking for underage drinking. And some cities like Sacramento allow officers to enter private residences and make arrests if they hear or see signs of underage drinking.
The reality is that underage drinking is illegal altogether in California. So any alcohol consumption opens you up to potential charges, especially DUI, if you drive afterwards.