Santa Rosa Underage DUI Lawyer

Protecting Minors in Sonoma, Napa, & Marin Counties

California takes a hard line on underage drinking and driving. The state has a zero-tolerance policy for drivers under the age of 21. If a driver under 21 is found to have a blood alcohol concentration (BAC) of 0.01% or higher, they can be charged with underage DUI.

Underage DUI is a criminal offense and carries both criminal and administrative penalties. If you or your child has been charged with underage DUI, it is important to act quickly to protect your rights. 

Facing an Underage DUI Charge?
Don’t let one mistake define your future. Contact us today at (707) 986-4482 for a free consultation.

What Is the Penalty for an Underage DUI in California?

Underage DUI is a criminal offense, which means that a conviction will result in a criminal record. This can make it harder to get a job, find housing, or obtain a professional license. It can also increase the penalties for future DUI convictions.

When a driver under the age of 21 is found to have a BAC of 0.01% or higher, they can be charged with underage DUI. If the driver is found to have a BAC of 0.05% or higher, they can be charged with wet reckless driving. Both charges carry serious penalties.

Because the BAC threshold for underage DUI is so low, it is possible for a driver to be charged with the offense even if they have not consumed any alcohol. Many things can trigger a false positive on a breathalyzer test, including certain foods, medications, and mouthwashes. A skilled defense attorney can help you fight an underage DUI charge, including challenging the results of a breath test.

Penalties for a first-time underage DUI conviction in California include:

• Up to 6 months in jail
• 1-year driver's license suspension
• Probation
• Mandatory alcohol or drug education classes

Penalties for a first-time wet reckless driving conviction in California include:

• Fines, which can range from $390 to $1,000
• Up to 90 days in jail
• Up to 6-month driver's license suspension
• Probation
• Mandatory alcohol or drug education classes

Can You Get a DUI If You Are Under 21 and Not Over the Legal BAC Limit?

Yes. If you are under 21 and are found to have a BAC of 0.01% or higher, you can be charged with underage DUI. Because the legal BAC limit for drivers under 21 is so low, it is possible to be charged with the offense even if you have not consumed any alcohol. Many things can trigger a false positive on a breathalyzer test, including certain foods, medications, and mouthwashes.

If you are under 21 and are found to have a BAC of 0.05% or higher, you can be charged with wet reckless driving. This is a lesser offense than underage DUI and carries shorter license suspension and fewer penalties.

Is Underage DUI a Felony?

No. Underage DUI is a misdemeanor offense in California. However, if you have been previously convicted of underage DUI or any other DUI offense, you can be charged with a felony for subsequent offenses. A conviction for felony DUI can result in a state prison sentence of up to 4 years.

Can an Underage DUI Be Expunged?

Yes. You can apply to have an underage DUI conviction expunged from your criminal record. If the expungement is granted, the conviction will be set aside and you will be released from all penalties and disabilities resulting from the conviction. You can legally answer “No” if asked whether you have ever been convicted of a crime. However, the conviction will still be visible to law enforcement and can be used to increase the penalties for future DUI convictions.

Not all individuals who have been convicted of underage DUI are eligible for expungement. To be considered for an expungement, you must have successfully completed your probation and paid all of your fines and restitution. You must also not be currently facing any other criminal charges. A skilled Santa Rosa underage DUI attorney can help you determine if you are eligible for an expungement and guide you through the process.

Can You Go to Jail for an Underage DUI?

Yes, an underage DUI can lead to jail time. While a first-time offense is typically a misdemeanor, the penalties can still be severe:

• First Offense: Up to 6 months in jail and fines.
• Multiple Offenses: If you have prior DUI convictions, you can face felony charges, which may lead to up to 4 years in state prison.

Additionally, an underage DUI can result in:

• Driver’s license suspension
• Probation
• Mandatory DUI education programs

Even if you don’t serve jail time, an underage DUI conviction can have lasting consequences on your future.

How Long Does an Underage DUI Stay on Your Record?

A DUI conviction doesn’t just disappear when you turn 21. In California:

• An underage DUI remains on your criminal record permanently unless expunged.
• It can be used against you if you are charged with another DUI in the future.
• It can impact job opportunities, housing applications, and professional licensing.

For repeat offenses, courts may also require ignition interlock devices (IID) in your vehicle, which prevent you from driving if alcohol is detected in your system.

What Is the Legal BAC Limit for Minors?

California has a zero-tolerance policy for underage drinking and driving. The legal BAC (Blood Alcohol Content) limits for drivers under 21 are:

• 0.01% or higher → Underage DUI charge
• 0.05% or higher → Wet reckless driving charge (a lesser DUI-related offense)
• 0.08% or higher → Standard DUI charge, the same as an adult DUI

Even a single drink can put you over the legal limit. You don’t have to be drunk—any detectable alcohol in your system can result in an arrest.

Can a Minor Be Charged with an Open Container Violation?

Yes. It is illegal for anyone under 21 to have an open container of alcohol in a vehicle, regardless of whether they have consumed it.

• First offense: A misdemeanor, punishable by a fine and up to 6 months in jail.
• If the driver also has a BAC of 0.01% or higher, they can be charged with both an underage DUI and an open container violation.

These charges can lead to license suspension, probation, and a criminal record that may follow you into adulthood.

Can You Refuse a Breathalyzer Test If You Are Under 21?

No. California’s implied consent law requires all drivers—including minors—to submit to a chemical test (breath, blood, or urine) if lawfully arrested for DUI.

If a driver under 21 refuses:

• Their driver’s license will be suspended for 1 year (first offense).
• They could still be charged with DUI based on other evidence (such as field sobriety tests, officer observations, or witness statements).
• Refusal may increase penalties if convicted.

Refusing a breathalyzer does not help avoid DUI consequences—it often makes things worse.

The Impact of an Underage DUI on Your Future

Beyond legal penalties, an underage DUI can affect:

• College admissions – Some schools reject applicants with criminal records.
• Scholarships and financial aid – Certain grants and scholarships may be revoked.
• Job opportunities – Many employers run background checks.
• Auto insurance rates – Insurance premiums can skyrocket or result in cancellation of coverage.

If you’re facing an underage DUI charge, it’s critical to take immediate legal action to protect your future.

How Can an Attorney Help Me Fight Underage DUI Charges?

If you are under 21 and have been charged with DUI, it is important to contact a skilled Santa Rosa underage DUI attorney as soon as possible. A DUI conviction can have serious consequences, including fines, jail time, driver's license suspension, and a criminal record. An attorney can help you understand your rights and legal options and guide you through the legal process.

When you hire an attorney, they can help you by:

• Conducting a thorough investigation of your case
• Challenging the results of your breathalyzer test
• Filing any necessary motions and legal documents
• Representing you at all court hearings and proceedings
• Negotiating with the prosecution for a reduced charge or sentence
• Fighting for a “not guilty” verdict at trial, if necessary

At Wilber Law Offices, P.C., our Santa Rosa underage DUI defense lawyer has over 45 years of experience. We have a deep understanding of California DUI laws and can help you navigate the legal process. Our attorney is a skilled negotiator and litigator and will fight tirelessly for the best possible outcome in your case.

Get the Aggressive Legal Representation You Need

If you or your child has been charged with underage DUI, you need a skilled defense attorney on your side. At Wilber Law Offices, P.C., we are committed to providing aggressive representation to clients facing all types of DUI charges. Our Santa Rosa underage DUI defense lawyer will work to protect your rights and fight to get your charges reduced or dismissed.

Our firm represents clients throughout Sonoma, Napa, and Marin Counties. We offer free initial consultations and can meet with you over the phone or in person. Our attorney is available to answer your questions and address your concerns, and will provide you with the strong legal advocacy you deserve.

Frequently Asked Questions (FAQ) About Underage DUI

Can I Get My Underage DUI Expunged?

• Yes, in some cases. If you successfully complete probation and meet all court requirements, you may be eligible to have your DUI conviction expunged. However, an expungement does not erase the DUI from your driving record—it only removes it from your criminal record for most background checks.

Will an Underage DUI Affect My College Admission?

• It can. Some colleges ask about criminal history during the application process. A DUI conviction may also affect scholarships, financial aid, and campus housing eligibility. Private universities may have stricter policies than public colleges.

Can I Get a Restricted License After an Underage DUI?

• Possibly. Some minors may qualify for a restricted license that allows them to drive to work or school. However, eligibility depends on the severity of the offense, prior driving history, and whether a hardship can be demonstrated.

How Does an Underage DUI Affect My Car Insurance?

• A DUI conviction can cause your insurance premiums to skyrocket or even result in your policy being canceled. Many insurers label DUI offenders as "high-risk drivers," which means higher costs for coverage.

Can I Be Charged with DUI If I Wasn’t Driving?

• Yes. In California, you can be charged with DUI even if you were just sitting in the driver’s seat or had physical control of the vehicle while under the influence. Officers may use circumstantial evidence, such as warm car engines or witness statements, to support a DUI charge.

What Happens If I Get an Underage DUI in a Different State?

• Most states share driving records through the Interstate Driver’s License Compact (IDLC). If you get an underage DUI in another state, California will likely enforce penalties such as a license suspension or additional fines.

Can My Parents Be Held Responsible for My Underage DUI?

• In some cases, yes. If a minor causes injury or property damage while driving under the influence, parents may be held financially responsible for damages. This is especially true if the parents knowingly allowed the minor to consume alcohol or drive under the influence.

Protect Your License and Your Future
A DUI conviction can have long-term consequences. Contact us now at (707) 986-4482 to discuss your options.