The following is a brief description of charges which can result when a person under the age of 21 is arrested for driving under the influence:

A person under the age of 21 is prohibited by C.V.C. Section 23136 from operating a motor vehicle with a blood alcohol level of 0.01 percent. A violation of this section was once only a civil penalty but is now an infraction.

In addition to the above, a person under the age of 21 is prohibited by C.V.C Section 23140 from operating a motor vehicle with a blood alcohol level of 0.05 percent or greater. A violation of this section is also an infraction.

In addition to all of the above, C.V.C. Section 23152(a) prohibits any individual, regardless of age, from operating a motor vehicle while under the influence. Further, C.V.C. Section 23152(b) prohibits a person from operating a motor vehicle with a blood alcohol level greater than 0.08 percent. These two charges are usually misdemeanors; although, they can be felonies if a person has three or more prior DUIs within a ten year period or a prior felony conviction for DUI. Also, an individual under the age of 21 can be charged with C.V.C. Section 23153, which is a DUI causing bodily injury or death, typically a felony.

Individuals under the age of 18 will have their cases heard in the juvenile court while those over 18 will be assigned to the adult court. The procedures in each of these courts vary.

If an individual is under age 18 at the time of the offense and the case is handled in the juvenile court, it is possible to have the petition dismissed if it is filed through an informal probation procedure. This is an important option for juveniles, which is not available to adults. A good attorney will thoroughly investigate this procedure because it will not only dismiss the case, but also avoid the need for trial. Trials in juvenile matters are different from adult trials in that you do not have a right to a jury.

Penalties for individuals aged 18-21 are basically the same as adults with the exception of license suspensions. C.V.C Section 13202.5 mandates a one year driver license suspension for persons under age 21 who are convicted of certain alcohol or drug offenses. A conviction under C.V.C. Section 23136 does not trigger a suspension under this section, however, the DMV may suspend the license via an APS action. C.V.C. Sections 23140, 23152 or 23153 convictions do result in a one year suspension, and again, the DMV will also seek to suspend under APS.

As can be seen, individuals under 21 years of age face a more varied array of DUI charges than adults. However, while they are held to a much stricter standard, there is also more room to negotiate if they are under age 18 at the time of the alleged offense.