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Underage DUI Charges

Oakland DUI Attorney

At The Castillo Law Office, Attorney Ernesto Castillo has a vast amount of experience handling all types of DUI cases, including underage DUI. His tenacious defense representation has earned him inclusion in the Super Lawyers® Rising Stars℠ list for 2013, and the Client Distinction Award for 2013 by Martindale-Hubbell®. He has also been featured in numerous major media outlets including NBC, CBS, ABC, CNN, the Oakland Tribune, and more.

What are the penalties for an underage DUI?

Under California's Zero Tolerance Law, it is against the law for drivers under the age of 21 to drink alcohol and operate a motor vehicle with a .01% blood alcohol concentration (BAC) or greater. That means that you can get arrested for DUI if you drive after having just one alcoholic drink.

Under VC Section 23136, notwithstanding Sections 23152 and 23153, it is against the law for a person under the age of 21 who has a BAC of .01% or greater to drive a motor vehicle. However, this section does not bar prosecution under Section 23152 or 23153, or any other provision under the law.

If you submitted to a chemical test and your BAC was .01% or greater, you face an automatic one-year driver's license suspension. If you refused, or failed to complete a preliminary alcohol screening or chemical test, your license will be suspended for one year for a first offense, or revoked for two years, for a second offense within 10 years.

Additional Penalties for Higher BAC

You face additional penalties if you have a BAC of .05% or more under VC Section 23140. If you are guilty of this offense, you face:

  • Driver's license suspension for one year,
  • Completion of alcohol program,
  • You may be ordered to participate in a Youthful Drunk Driver Program (YDD), and
  • The judge may order you to abstain from drinking any alcoholic beverages until you turn 21, and using any illegal drugs.

California DUI: Misdemeanor Offense

A violation of VC Section 23152 is a misdemeanor offense, regardless of your age, even if you are under 21.

If you are under 21 and you drive with a BAC of .08% or greater, you face the following penalties:

  • Up to $1,000 in fines,
  • Up to 6 months in jail,
  • A minimum one-year driver's license suspension,
  • A mandatory, court-approved alcohol class, and
  • Vehicle impoundment up to 30 days.

Contact an Experienced Oakland DUI Lawyer

If you were arrested for an underage DUI, it's important to fight your charges! There are a number of DUI defenses, any one or more of which may apply to your case. When you are facing a host of unwanted consequences that will affect your license, your insurance, and college applications, it's critical that you engage an aggressive DUI attorney who will fight hard to get your sentencing and penalties reduced, if not dropped altogether!

Contact our Oakland DUI law firm today to schedule your free consultation with Attorney Castillo!

Hear it From A Few
Of Our Clients

  • I would recommend Mr. Castillo without any reservation.

    “Ernie Castillo was highly recommended to us. I researched and interviewed a few attorneys before making a decision of who we were going to select. It's so tough selecting when you're skeptical with the horror stories of attorney's not feeling the passion for their work but the money. After long conversations my husband and I decided to go with Ernie to represent our son in a serious case with multiple charges. We were not disappointed at all. Mr. Castillo expertise exceeded our expectations. His was thorough, he kept us up to date on the case, answered all our questions, returned our calls in a timely manner, he's truly a genuine and sincere person. Most of all his knowledge in handling the case was remarkable. I can't express thanks enough to Ernie for the spectacular job he did defending my son who was facing years in jail. He took a stressful situation and relieved it with a positive outcome. I would recommend Mr. Castillo without any reservation.”


  • I would highly recommend Mr Castillo to anyone.

    “Mr Castillo represented me on a criminal case in which I was falsely accused in 2012. He took over the case from a previous lawyer who was less aggressive and not actively pursing my defense. Mr Castillo is a confident, aggressive and very persistent lawyer. He kept my family and I up to date on the case and also returned our calls on time. Mr Castillo persuaded me not to take any deal and wanted take the case to trial because he was confident that he would win. With the Lord's guidance and Ernie's aggressiveness my case was dismissed. I would highly recommend Mr Castillo to anyone.”


  • I can't thank Ernie enough for investing his time and sincere efforts to helping my family out. He truly is a master of his craft.

    “A few years back, Ernie Castillo represented a family member of mine who was charged with a vehicular offense. Although minor compared to the high profile cases Ernie is accustomed to, Ernie took the case with the utmost professionalism and was able to reduce the charge so that my family member's record was not affected. I can't thank Ernie enough for investing his time and sincere efforts to helping my family out. He truly is a master of his craft.”