El Segundo Underage DUI Attorney

Trusted Legal Defense for Underage DUI Charges in El Segundo, CA

If you or your child is facing underage DUI charges in El Segundo, you need experienced legal representation from a firm that understands California DUI laws and how they uniquely apply to drivers under 21. At Gold & Witham, we provide aggressive, knowledgeable defense to protect your future, your driving privileges, and your record.

Underage DUI charges can be frightening, especially for first-time offenders and their families. These charges can carry serious consequences beyond the courtroom—including effects on college admissions, employment opportunities, and insurance rates. An experienced El Segundo underage DUI lawyer from our firm can help you navigate the legal system and fight for the best possible outcome.

Contact us today at (800) 716-6791 for a free and confidential consultation with an experienced El Segundo underage DUI attorney. 

What is Considered an Underage DUI in California?

In California, it is illegal for anyone under the age of 21 to drive with a blood alcohol concentration (BAC) of 0.01% or higher. This is part of California's Zero Tolerance Law, outlined in Vehicle Code Section 23136. For context, a BAC of 0.01% can be triggered by just one drink or even some medications or mouthwash containing alcohol.

There are three primary laws that can apply to underage DUI cases in California:

1. Vehicle Code § 23136 (Zero Tolerance Law): This makes it unlawful for drivers under 21 to have a BAC of 0.01% or more. This is an administrative violation, not a criminal offense, but it can result in a one-year license suspension.
2. Vehicle Code § 23140 (Underage DUI with BAC of 0.05% to 0.07%): This is considered an infraction, and not a misdemeanor or felony. It includes penalties such as fines and mandatory alcohol education classes.
3. Vehicle Code § 23152 (Standard DUI Laws): If an underage driver has a BAC of 0.08% or higher, or if the driver is impaired due to alcohol or drugs, they may be charged under California's regular DUI laws, which carry criminal penalties.

A qualified El Segundo underage DUI attorney from Gold & Witham can assess the specific circumstances of your case and determine the most effective strategy for your defense.

California Underage DUI Penalties

Penalties for an underage DUI in California vary depending on the severity of the offense and the BAC level. Even for low-BAC cases, the consequences can be serious.

For BAC of 0.01% or Higher – Zero Tolerance Violation

• License suspension for 1 year by the DMV
• No criminal record, but administrative penalties apply
• No eligibility for a restricted license

For BAC Between 0.05% and 0.07%

• Fines up to $100 (not including penalty assessments)
• Mandatory alcohol education program (3 months)
• One-year driver’s license suspension
• May appear on driving record and affect insurance rates

For BAC of 0.08% or Higher or Driving While Impaired

Misdemeanor DUI charges include:

• Up to 6 months in jail
• Fines and penalty assessments that may exceed $2,000
• Mandatory DUI education program
• Probation up to 5 years
• Driver’s license suspension
• Permanent criminal record

A conviction under standard DUI laws is treated the same for underage drivers as it is for adult drivers. This can have long-lasting effects on education, employment, and more.

Underage DUI FAQs

Can an underage DUI charge be dismissed or reduced?

Yes. An experienced DUI defense attorney can sometimes negotiate for a dismissal or reduction of charges, depending on the evidence, BAC level, and whether the stop or arrest followed proper legal procedures.

Will my child go to jail for an underage DUI in El Segundo?

Jail time is typically not imposed for first-time underage DUI offenses, especially if the BAC is below 0.08%. However, higher BAC levels or additional charges (like possession of alcohol in a vehicle) could lead to harsher penalties.

Can I get a restricted license after an underage DUI?

Unfortunately, drivers under 21 are not eligible for a restricted license after a zero-tolerance suspension. They must serve the full suspension unless they win their DMV hearing.

Should I fight the DMV license suspension?

Yes. You have only 10 days from the arrest date to request a DMV hearing to contest the suspension. This is a critical step, and having a lawyer represent you at the DMV hearing can significantly improve your chances of keeping your license.

Can I refuse a breathalyzer test as a minor?

Refusing a breath or blood test can result in longer license suspensions, even if you are ultimately found not guilty. In California, underage drivers give implied consent to chemical testing, and refusal carries harsh consequences.

Speak with an El Segundo Underage DUI Lawyer Today

If you or a loved one has been arrested for an underage DUI in El Segundo, don’t wait to get legal help. Every day you delay puts your driving privileges and future at risk. We’ll explain your rights, review your case, and begin building a strong defense strategy.

Call (800) 716-6791 now or fill out our online contact form to get started. We are here to help you move forward with confidence.