Facing an underage DUI in San Diego? California’s zero-tolerance law means even a trace of alcohol can cost a driver under 21 their license. Attorney Anton Vialtsin at LAWSTACHE Law Firm fights to protect young drivers throughout San Diego County. Call 619-357-6677 for a free consultation.
San Diego Underage DUI Attorney — California Zero Tolerance Law
California has one of the strictest underage DUI laws in the country. Under Vehicle Code 23136, drivers under 21 face a zero tolerance policy — any BAC of 0.01% or higher triggers a 1-year license suspension. Therefore, even one drink can cost a young driver their license for a full year.
Underage DUI Laws and Penalties in California
- VC 23136 (0.01% BAC+): Civil infraction — 1-year license suspension, no criminal record
- VC 23140 (0.05% BAC+): Infraction — 1-year suspension, fines, possible DUI school
- VC 23152 (0.08% BAC+): Full adult DUI charge — same penalties as an adult DUI including up to 6 months jail, $3,000–$10,000+ in fines, 6-month suspension, and DUI school
In addition to the legal consequences, a criminal DUI conviction can affect college admissions, financial aid, professional licensing, military service, and future employment. Because young people have their entire futures ahead of them, fighting an underage DUI charge aggressively is especially important.
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Defending Underage DUI Charges in San Diego
The defenses available in an underage DUI case depend on which charge was filed. Anton Vialtsin carefully analyzes whether the stop was lawful, whether the preliminary alcohol screening (PAS) test was properly administered, and whether the driver’s rights were respected throughout the stop and arrest.
Challenging the Traffic Stop
Police need reasonable suspicion to pull over a vehicle. Therefore, if the stop was not lawful, all evidence gathered after it — including the PAS test result — may be suppressed. Anton Vialtsin has successfully challenged unlawful stops in DUI cases throughout San Diego County.
Challenging the PAS Test
The preliminary alcohol screening test used for zero-tolerance stops must be properly calibrated and administered. In addition, the device must meet California evidentiary standards. Errors in test administration or device maintenance can invalidate the result.
Protecting Your Future
Furthermore, for first-time offenders with no prior record, Anton Vialtsin pursues diversion programs and other options that can result in charges being dismissed — protecting your record from a conviction that could follow you for years.
Free Consultation — San Diego Underage DUI
Call 619-357-6677 to speak directly with Anton Vialtsin, Esq. Free consultation — weekdays and weekends.
Frequently Asked Questions — Underage DUI San Diego
What is the legal BAC limit for drivers under 21 in California?
California’s zero tolerance law sets a 0.01% BAC threshold for drivers under 21 under VC 23136. At 0.05% BAC, additional charges apply under VC 23140. At 0.08% BAC or higher, the driver can be charged with a full adult DUI under VC 23152.
Will an underage DUI go on my criminal record?
A VC 23136 violation (0.01% BAC) is a civil infraction with no criminal record. However, charges under VC 23152 (adult DUI) or VC 23140 can result in criminal records. Fighting the charges early is the best way to protect your record.
Can an underage DUI affect college or my career?
Yes. A criminal DUI conviction can affect college admissions, financial aid, professional licenses, military eligibility, and employment. Therefore, fighting an underage DUI aggressively is especially important for young people.
Do I still need to request a DMV hearing for an underage DUI?
Yes. You have 10 days from the date of your arrest to request a DMV hearing. Missing this deadline means automatic license suspension for 1 year. Call 619-357-6677 immediately to protect your license.
Our Office — Serving San Diego Underage DUI Clients
Address: 185 West F Street, Suite 100-D, San Diego, CA 92101
Phone: 619-357-6677
Hours: Weekdays and weekends by appointment.