When the driver is under 21, California doesn't apply a single DUI standard — it applies three different thresholds, each carrying different consequences, and understanding which one applies to a specific case matters enormously for a young person's future.
Three Different Thresholds, Three Different Outcomes
- 0.01% or higher — California's zero tolerance law, Vehicle Code § 23136[1], is a civil administrative violation, not a crime. It carries a mandatory one-year license suspension but no criminal conviction.
- 0.05% or higher — Vehicle Code § 23140[2] makes this an infraction, with a $100 fine, a one-year license suspension, and a mandatory alcohol education program.
- 0.08% or higher — at this point, a driver under 21 can be charged with a standard adult misdemeanor DUI under Vehicle Code § 23152[3], carrying the full criminal consequences that apply to any adult DUI conviction.
Why the Specific Number Matters So Much Here
Unlike an adult DUI case, where the line is simply above or below 0.08%, an underage case can land in one of three entirely different legal categories depending on a narrow band of BAC results. The difference between a civil violation with no criminal record and a misdemeanor conviction can come down to a fraction of a percentage point — which makes the accuracy of the chemical test result a central issue in many of these cases.
A Standard DUI Charge Doesn't Disappear Because of Age
If a young driver's BAC reaches 0.08% or higher, age doesn't create a separate, lighter charge — the case proceeds as a standard misdemeanor DUI, including exposure to jail time, fines, and a criminal record, the same as it would for an adult.
How These Cases Are Handled in San Bernardino County
An underage DUI matter escalating beyond the civil zero tolerance level and into an infraction or misdemeanor charge is generally handled through the Rancho Cucamonga Justice Center[4], the San Bernardino County Superior Court location serving Chino Hills.
What a Defense in an Underage DUI Case Examines
- Whether the officer had a lawful basis to initiate the stop and request testing in the first place
- Whether the specific chemical test result places the case accurately within one of the three thresholds, or whether it's being miscategorized
- Whether proper procedures were followed for a driver under 21, who may have different rights and requirements than an adult driver
- Whether a civil zero tolerance matter is being incorrectly treated as a criminal case
Frequently Asked Questions
Will my child have a criminal record if their BAC was 0.03%?
Generally no — a result in that range typically falls under the civil, non-criminal zero tolerance law, which carries a license suspension but not a criminal conviction.
What if the BAC result was right at the edge between two thresholds?
Because the three categories carry very different consequences, an accurate and properly conducted chemical test becomes especially important in cases near a threshold boundary.
Can a minor be tried as an adult for a DUI charge that reaches 0.08%?
The DUI charge itself proceeds under the same statute that applies to adults, though the case is still handled within the framework applicable to a defendant under 21.
Questions about your case? Call (323) 622-4951. Free, confidential, 24/7.
Is Your Child Facing an Underage DUI Charge in Chino Hills?
Which threshold applies changes everything about the outcome. The Cespedes Law Firm, L.C. is headquartered in Chino Hills and represents clients in English and Spanish throughout California. Call (323) 622-4951 for a free consultation.
This page is provided for general information only and is not legal advice. Contact our office to discuss the specifics of your case.
