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Underage drinking remains a prevalent issue among high school and college students in California and across the United States. The Centers for Disease Control and Prevention (CDC) reports that one in ten (10) teenage high schoolers confess to having engaged in drinking and driving.
Moreover, young drivers aged between 16 and 20 are a staggering 17 times more likely to die in car accidents when their blood alcohol content (BAC) reaches .08 percent—the legal limit for drivers aged 21 and older—compared to sober driving. Given the alarming trend of drunk or drugged driving among youth, every state, including California, has enacted specific legislation governing underage DUI offenses.
Understanding California’s Zero Tolerance Law
What Does Zero Tolerance Mean?
California enforces a “zero-tolerance” law, which stipulates that any driver under the age of 21 can be charged with an infraction if they register a BAC of at least .01 percent. A conviction under this law results in a driver’s license suspension for a minimum of one (1) year. It’s important to note that this particular charge doesn’t carry any civil fines or jail time.
Implications of a Zero Tolerance Offense
When faced with a zero-tolerance offense, juvenile drivers may experience significant long-term consequences. Losing the ability to legally drive for an extended period could adversely affect their education and career opportunities.
Understanding Underage DUI Offenses
What Constitutes Underage DUI?
An underage driver may be charged with “underage DUI” if they exhibit a BAC of .05 percent or higher. While still classified as an infraction, this type of offense could lead to a driver’s license suspension for at least one (1) year, along with a fine of up to $100. Additional consequences include mandatory enrollment in a 3-month or longer DUI school—again without any jail time being imposed.
Consequences of Being Charged with Underage DUI
Parents should be aware that even a seemingly less severe charge, like underage DUI, can affect their child’s future opportunities, such as college admissions and job applications.
Standard DUI Laws for Young Drivers
Criteria for Standard DUI Charges
When an underage driver has a BAC of at least .08 percent or shows impairment due to alcohol and/or drugs, they will face a “standard” (adult) DUI charge. A first-time offense could result in considerable penalties, including a driver’s license suspension for one (1) year, a fine of up to $1,000, and a maximum jail sentence of six (6) months.
Legal Consequences of Standard DUI Charge
The implications of a standard DUI offense are much more severe compared to underage DUI. A conviction can result in a criminal record that may hinder future employment or academic prospects.
Impact of Traffic-Violation Points on Driving Record
Understanding Traffic Points
For zero-tolerance offenses, there are no points added to the individual’s driving record. However, both underage DUI and standard DUI convictions come with a two-point penalty. Adult drivers risk losing their licenses if they incur four (4) points within 12 months, six (6) points within 24 months, or eight (8) points within 36 months.
Consequences for Drivers Under 18
For drivers who are under 18 years old, accumulating two (2) points within a 12-month period may lead to a 30-day restricted license. Alarmingly, if they accrue three points in the same time frame, they could face license suspension.
If you or someone you care about is confronting a DUI charge in Oakland, reach out to the Law Offices of Nabiel C. Ahmed at 510-576-5544 or complete our online contact form for a timely consultation. We also proudly serve clients in Bakersfield, Berkeley, Richmond, Concord, and surrounding regions.
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