The Consequences of a DUI for Under-21 Drivers in California: Penalties and Long-Term Impact

California enforces strict laws against underage drinking and driving, including the zero-tolerance law. For drivers under 21, even a small amount of alcohol can lead to immediate and lasting penalties. At Gressley & Donaldson, we defend DUI cases across California and understand how these charges affect both DMV records and court outcomes.

In this guide, we explain what happens when an underage driver is charged with driving under the influence, the penalties involved, and the steps that can help protect your rights and your future.

California’s zero-tolerance rule is set by Vehicle Code Section 23136. If you are under 21 and your blood alcohol content is 0.01% or higher, the DMV can suspend your license, even if your driving did not look impaired. Officers typically use a Preliminary Alcohol Screening device, commonly referred to as a PAS, at the roadside.

For adults, the legal limit is 0.08% under VC 23152(b). For under-21 drivers, the threshold is far lower, which means even mouth alcohol from certain medicines can cause a problem. The takeaway is simple: any measurable amount of alcohol can lead to real penalties and may be classified as a criminal offense.

This zero-tolerance standard is directly tied to DMV action, which moves quickly after an arrest or detention. Now, let’s look at the penalties that can follow.

California separates underage DUI cases into two tracks: administrative penalties from the DMV and criminal penalties through the court. Both can apply to the same incident, and they operate on different timelines. Understanding how these systems interact is the first step to protecting your record and your restricted license.

Underage drivers can face several different Vehicle Code sections depending on their blood alcohol concentration (BAC) and the officer’s observations:

The DMV handles administrative actions under the Administrative Per Se (APS) program. Even if no criminal charges are filed, the DMV can still suspend a license for any measurable alcohol in the system.

These suspensions start quickly unless a DMV hearing is requested within ten days of the notice, during which you may hold a temporary license.

If the case also goes through the court system, penalties depend on the statute charged:

It is important to remember that the DMV case is separate from the criminal case. You can win one and still lose the other. For example, even if a court dismisses the DUI charge, the DMV can still uphold a license suspension if its hearing officer believes the BAC test was valid.

Understanding which law applies to your case determines what kind of defense strategy works best and what timelines must be met.

After an arrest or detention, officers often take your license and hand you a pink Suspension or Revocation Order and Temporary Driver’s License, called DS 367 or DS 367M, following a preliminary alcohol screening test. That temporary paper allows you to drive for 30 days, unless another action is already on your record.

You have only 10 days to request a DMV administrative hearing. If you miss that window, the suspension will start after the 30-day temporary license expires. At the hearing, a hearing officer reviews the evidence, and you can present documents and witnesses.

Some under-21 drivers can request a restricted hardship license, also known as a critical need license, under VC 13353.8. That option is limited, and it is not available for refusal suspensions. In some instances, the DMV may require an ignition interlock device, commonly referred to as an IID, before any driving is permitted, as well as participation in a mandatory alcohol education program.

Now that we have covered the short-term fallout, let’s talk about what follows you long after the case is closed.

A DUI at a young age can have consequences that last long after the court case or DMV suspension ends. Beyond fines and temporary restrictions, a conviction can affect your education, career opportunities, finances, and reputation for years to come. Understanding these long-term effects helps you make better decisions early, especially for first-time offenders, and protect your record as much as possible.

Colleges and universities often review disciplinary or criminal histories when considering applicants for admission, housing, and scholarships.

A single mistake can create additional questions during applications or require disclosure forms that slow down the admissions process.

Insurance companies treat underage DUIs as serious high-risk events, particularly in cases of drunk driving. After a conviction or license suspension:

Even for a first offense, a DUI can appear on background checks and professional licensing applications.

Taking legal action early to reduce or dismiss a charge can make a significant difference for your future opportunities.

The emotional and social fallout from a DUI can be just as challenging as the legal penalties.

Although the consequences are serious, they do not have to define your future. Early legal intervention can help:

A proactive approach shows responsibility and can help limit the damage to your record, finances, and reputation, especially when dealing with an alcohol-related offense.

Every underage DUI case is different. The right defense depends on what the officer observed, how the stop occurred, and how chemical testing was handled. At Gressley & Donaldson, we examine every detail of the case from the traffic stop to the final report. Even small procedural mistakes or testing issues can result in a reduced charge, dismissal, or a victory at the DMV hearing.

The foundation of any DUI case is whether the officer had a lawful reason to stop the vehicle.

A motion to suppress based on an unlawful stop can often change the course of the case before the trial begins.

Underage DUI arrests often rely on Preliminary Alcohol Screening (PAS) devices or chemical breath tests. These tools are not perfect.

When these rules are not followed, an attorney can challenge the reliability of the BAC results in both court and DMV hearings.

California’s Title 17 regulations set out strict requirements for collecting, handling, and testing breath and blood samples. Any deviation can be grounds to contest the evidence.
Common procedural issues include:

These technical defenses can be especially effective in DMV hearings, where officers must prove each step was done correctly.

Underage DUI arrests sometimes rely heavily on the officer’s subjective interpretation of driving or behavior. Signs like “red eyes” or “odor of alcohol” can be misleading and often have innocent explanations, such as fatigue or allergies.

Defense attorneys can counter this testimony with:

Challenging perception-based claims helps show that impairment was not proven beyond a reasonable doubt.

An experienced DUI attorney can file pretrial motions to suppress evidence, contest license suspensions, or negotiate for lesser charges such as “wet reckless” or infraction-level offenses under VC 23140. These outcomes can reduce or eliminate county jail exposure and help preserve your record for the future.

DMV administrative hearings run separately from the criminal court case. A win at the DMV can save your driving privileges even if the court case continues.
At these hearings, attorneys focus on three core issues:

Each of these points can be contested through evidence, testimony, or procedural arguments.

Judges and hearing officers want to see growth and responsibility. Taking steps early can help both your life and your case. Many clients benefit from counseling and youth-focused alcohol education.

We can point you to reputable providers who hold a legitimate liquor license and help you time each step so that the paperwork aligns with your court and DMV dates.

You can find plain-language information on the California DMV website about APS suspensions, hearing rights, and reinstatement steps for an underage driver’s license. The site also links to Driver Safety Offices and forms for critical need licenses.

If you feel overwhelmed, that is normal. A brief phone call with our team can clarify the next steps and when to take them.

A DUI conviction at a young age can affect your education, job prospects, and financial stability for years to come. At Gressley & Donaldson, we understand what’s at stake and move quickly to protect your rights.

Call 951-319-3199 or visit our Contact Us page to schedule a confidential consultation. Our attorneys will review your case, explain your legal options, and work to minimize the lasting effects of a DUI conviction.