Orange County Underage DUI Defense Attorney

Legal Support for DUI Under 21 Charges in Orange County

Are you facing charges for driving under the influence as a minor? Violation of Penal Code 23140 is an infraction. However, minors can face the same misdemeanor charges as adults based on California’s zero tolerance policy. At the Law Offices of Randy Collins, our DUI lawyers know that minors who are caught driving while under the influence are rarely bad kids. More often than not, they just need a break. With our attorneys’ 45 years of combined experience, you can count on our legal professionals to help you and yours avoid maximum penalties.

Charged with an underage DUI? Don't face it alone. Contact us at (844) 285-9559 for a free consultation and let us fight for your future.

Understanding California's Penal Code 23140 for Minors

According to California Penal Code 23140, anyone under 21 who drives while under the influence, or who has consumed any amount of alcohol, can be convicted of violating PC 23140.

In order for prosecutors to successfully convict a minor for violating CPC 23140, they must establish the following:

• The minor was driving a vehicle
• The minor was under the influence of drugs and/or alcohol
• The minor had a blood alcohol count of 0.01% or higher (as opposed to 0.08% for adults)

A large number of those who contact us for our legal support pertaining to PC 23140 do not understand why they were found in violation. This is usually because a minor’s blood alcohol content does not have to be 0.08% or above to be a violation.

Case Example: Minor DUI Violation Scenario

The following could be used as an example of a person who violated penal code 23140:

Sarah, a 16-year-old sophomore, is at a party with friends and drinks 3 beers. Sarah knows she is intoxicated, so she goes to sleep for a few hours and then drives home. On her way home, a police officer pulls her over and has her perform a field sobriety test. Sarah is still a little sleepy, so she does not do so well. The officer has her use a breathalyzer, which shows that Sarah’s blood alcohol content is 0.011%. The police officer calls Sarah’s parents and cites her for violating PC 23140 since she is a minor and was driving with a BAC of 0.01% or higher.

Penalties for Minors Who Drive Under the Influence

Infraction Charges for DUI Offenders Under 21:

• A fine of up to $300

Infractions are categorized by minors driving under the influence with a blood alcohol count of 0.05-0.07%.

Due to California’s zero tolerance law, minors who drive under the influence with a BAC of 0.01% or more are also subject to other penalties including:

• If you have yet to obtain your driver’s license, your ability to drive may be delayed an additional year.

Minors who have a BAC of 0.08% or greater will face misdemeanor charges, in addition to an infraction. The penalties for DUI minor misdemeanors include:

• Up to six months in jail
• Fines of up to $1,000
• Informal probation between 3-5 years
• DUI school
• License suspension of up to 6 months
• Potential Penalties:
  Minors who have not yet received their driver’s license won’t be granted one until one year has lapsed. Repeat offenders face higher fines and penalties. Minors may also be ordered to participate in a youth visitation program.
  If you are facing DUI charges for California Penal Code Section 23152 or 23140 as a minor, the Orange County underage DUI attorneys at At the Law Offices of Randy Collins can help you. We will bring superior legal experience to aid you in this challenging time.
  Are you an adult who accidentally hurt someone while driving under the influence? Click on VC 23153 for DUI with injury info. 

Common Defenses for Underage DUI Charges

If you or your child is facing underage DUI charges, there are several possible defenses that an experienced attorney can use to challenge the case:

• Lack of Probable Cause – A police officer must have a valid reason to stop a vehicle. If the stop was random or based on an unjustified assumption, any evidence gathered during the stop may be inadmissible.
• Faulty or Improperly Calibrated Breathalyzer – Breathalyzers require regular maintenance and calibration. If the device was malfunctioning or used incorrectly, the BAC reading may be inaccurate.
• Rising Blood Alcohol Defense – Alcohol takes time to absorb into the bloodstream. If a minor had a drink shortly before driving, their BAC may have been legal at the time of driving but increased by the time the test was conducted.
• Violation of Miranda Rights or Improper Police Procedures – If the arresting officer failed to read Miranda rights or conducted an unlawful search, the charges could be challenged in court.

How a DUI Conviction Affects Your Future

An underage DUI conviction can have long-term consequences beyond legal penalties. Some of the major impacts include:

• College Admission and Scholarships – Many universities conduct background checks, and a DUI conviction could lead to admission denials or loss of scholarships.
• Employment Opportunities – A DUI charge stays on your record and may appear in background checks, making it difficult to secure jobs, internships, or professional licenses.
• Increased Auto Insurance Rates – Insurance companies view DUI convictions as high-risk behavior, often resulting in significantly higher premiums or even policy cancellations.
• Impact on Professional Licenses – If you plan to work in a field that requires a professional license (law, healthcare, aviation, etc.), a DUI conviction may create barriers to obtaining or keeping that license.

What to Do If You Are Pulled Over for Suspected DUI

If you are stopped by law enforcement under suspicion of DUI, it is essential to handle the situation carefully:

• Know Your Rights – You have the right to remain silent and avoid self-incrimination. Be polite, but do not admit to drinking or using drugs.
• Breathalyzer and Field Sobriety Tests – In California, minors are subject to the implied consent law, meaning refusal to take a breath test could result in an automatic license suspension. However, you can refuse a preliminary alcohol screening (PAS) test if you are not under arrest.
• What to Say (or Not Say) – Avoid making statements that could be used against you. Do not volunteer information about where you were or what you consumed.