Laws About Minors Under the Influence of Alcohol in California

Blood Alcohol Level

For adults over the age of 21, the blood alcohol level required for punishment from the law is 0.08 percent. For underage drivers, however, even a blood alcohol level of 0.01 percent is grounds for punishment. Even cough syrup cannot be consumed before operating a vehicle in California because it contains a measurable amount of alcohol. Those under 21 with blood alcohol levels over 0.05 percent will result in harsher penalties and a misdemeanor on their driving record.

If pulled over, the California Highway Patrolman will request that you take a sobriety test. Depending on your blood alcohol level, you will face a variety of punishments. Anything below 0.05 percent is considered a civil offense and will result in a one year suspension of your license or a one year delay in obtaining your license, if you are driving with a learner's permit. A BAC between 0.05 percent and 0.07 percent is considered an infraction. You will face one year suspension of your license, fines that escalate with each offense and required alcohol recovery classes before you can reclaim your license. Anything above 0.07 percent is a misdemeanor, and as such will include all aforementioned punishments, as well as possible jail time and/or probation.

Penalties are less severe if you willingly submit to a chemical sobriety test. However, if you do not submit, your license can be suspended up to three years, depending on any prior convictions you may have. This offense will also go on your record, which may make it hard to find a job or otherwise handle responsibility in the future.

If you are pulled over with a BAC of 0.05 percent or less and it is your first offense, you can request a California Department of Motor Vehicles civil hearing. As such, you are entitled to a California "under 21 DUI" attorney to plead your case; you can also hire an attorney for more severe offenses. A lawyer may be able to keep you out of jail, but you will still face some penalties. You will have to fulfill your sentence, pay fines, attend classes and do what the law requires you to in order to reinstate your license.