An underage DUI charge in California is one of the most stressful situations a young person and their family can face. The laws that apply to drivers under 21 are stricter than those that govern adult DUI cases, and the consequences go well beyond a fine or a license suspension. A conviction can affect a young person’s education, career and driving record for years after the case closes. Understanding exactly what underage DUI means under California law, what penalties apply, and what defenses are available is the first step toward protecting your child’s future.
This guide covers what families in Bakersfield and throughout Kern County need to know about underage DUI charges in California as the law stands in late 2026.
What Do Underage DUI Drivers Face in California?
California enforces a zero-tolerance policy for underage drinking and driving. While the legal blood alcohol concentration (BAC) limit for adult drivers is 0.08%, drivers under 21 can face consequences at far lower levels. Three separate legal standards apply to underage drivers:
Vehicle Code 23136: The Zero-Tolerance Law
Under California Vehicle Code 23136, it is unlawful for a person under 21 to drive with a BAC of 0.01% or higher. One drink before driving is enough. VC 23136 is a civil violation rather than a criminal charge: it results in a license suspension handled through the DMV, not a criminal prosecution. The license consequences are real, though, and they last a full year.
Vehicle Code 23140: Underage DUI
California Vehicle Code 23140 applies when an underage driver has a BAC of 0.05% or higher, or is under the influence of alcohol at any level. It is treated as an infraction rather than a misdemeanor, but it carries a one-year license suspension, mandatory completion of a licensed DUI program, and a fine. It also creates a DMV record that affects insurance rates and future driving privileges.
Vehicle Code 23152: Standard DUI
When an underage driver has a BAC of 0.08% or higher, or is impaired at any level, they face the same DUI charge as an adult under Vehicle Code 23152. This is a criminal misdemeanor for a first offense, with every penalty that follows: possible jail time, fines, probation, and a criminal record. Courts and prosecutors do not treat a defendant’s age as a reason to go easy.
What Are the Penalties Associated with Underage DUI in California?
The penalties depend on which statute applies and whether this is a first or later offense.
Under VC 23136 (BAC 0.01% or higher)
- One-year suspension of the driving privilege, imposed by the DMV under Vehicle Code 13353.3, for a first or a repeat violation
- No criminal record; the violation is handled administratively
- The suspension can end early only if you are convicted of a related offense from the same stop, qualify for a restricted license, install an ignition interlock device and file proof of insurance
Under VC 23140 (BAC 0.05% or higher)
- One-year license suspension ordered by the court under Vehicle Code 13202.5, in addition to any DMV action
- A fine plus penalty assessments that multiply it
- Mandatory completion of a licensed DUI program under Vehicle Code 23502, longer if there is a prior within 10 years
- No jail, but the infraction appears on the driving record
Under VC 23152 (BAC 0.08% or higher, treated as adult DUI)
- Up to six months in county jail for a first offense, at the judge’s discretion when probation is granted
- Fines of $390 to $1,000 plus penalty assessments that multiply the total
- Three to five years of informal probation
- A three-month DUI program, or nine months at 0.20 or with a refusal
- A one-year court suspension under Vehicle Code 13202.5 for a driver under 21, on top of the DMV suspension
- An ignition interlock device at the judge’s discretion for up to six months, or a restricted license instead; a 2026 bill to make the device mandatory on a first offense did not pass
- A misdemeanor criminal record until dismissed under Penal Code 1203.4
Enhanced Penalties
Some facts add to a 23152 sentence without changing the charge. A passenger under 14 in the car adds 48 hours of mandatory jail under Vehicle Code 23572. A refusal adds a 48-hour minimum and a nine-month program. A BAC of 0.15 or higher is a sentencing factor under Vehicle Code 23578. Driving 30 or more mph over the limit on a freeway, or 20 or more over on any other road, while also driving recklessly, adds 60 days under Vehicle Code 23582. None of these make a first DUI a felony. An injury to another person does change the charge, to Vehicle Code 23153, which can be filed as a felony; the situations where a DUI becomes a felony in California are the same for a 19-year-old as for anyone else.
A prior DUI or wet reckless, including one from before age 21, counts as a prior for 10 years. From January 1, 2027, a third DUI within 10 years can be charged as a felony.
What If You Refuse to Submit to a Breath or Chemical Test in California?
California has an implied consent law. Any person who drives on California roads is deemed to have consented to a chemical test, breath or blood, after a lawful DUI arrest. For underage drivers the rule reaches further. Under Vehicle Code 23136(c), a driver under 21 who is lawfully detained is deemed to have consented to the roadside preliminary alcohol screening test as well, before any arrest. Adults can decline that roadside test; minors cannot.
If an underage driver refuses either test, Vehicle Code 13353.1 sets the DMV consequence:
- One-year suspension for a first refusal
- Two-year revocation if the refusal is within 10 years of a prior 23136 violation or a prior DUI or wet reckless conviction
- Three-year revocation with two or more such priors
Those refusal periods are longer than the one-year suspension for testing over the limit, which is why refusing almost never helps a minor. On the court side, a refusal on a 23152 conviction means a 48-hour jail minimum and a nine-month program under Vehicle Code 23577 and 23538, the refusal is admissible as evidence of consciousness of guilt, and prosecutors treat it as an aggravating factor in plea negotiations.
Best Defenses Against an Underage DUI Charge
Being charged with underage DUI does not mean a conviction is inevitable. California DUI law is detailed, and defense attorneys find viable defenses in many cases that first look straightforward. Common defense strategies include:
Challenging the Traffic Stop
Law enforcement must have a lawful reason, meaning reasonable suspicion of a traffic violation or other criminal activity, to stop a vehicle. If the initial stop was not legally justified, evidence gathered as a result may be suppressed, including the BAC result itself.
Challenging the Accuracy of the BAC Test
Breath testing devices must be calibrated, maintained and operated according to strict protocols. Any deviation can compromise the result. The defense can request calibration records, maintenance logs and operator certification to identify flaws in the process. For a minor, where the threshold is 0.01, the accuracy of the device matters even more than it does in an adult case.
Rising Blood Alcohol Defense
Because the body keeps absorbing alcohol for 30 to 90 minutes after the last drink, a driver’s BAC can be lower at the time of driving than at the time of testing, which comes after the stop, the field sobriety tests and the drive to the station. If the gap between driving and testing was long, the rising BAC defense may apply.
Medical Conditions and Environmental Factors
Certain medical conditions, including GERD, acid reflux and diabetes, can affect breath test results. Mouth alcohol from certain foods, medications or recent use of mouthwash can also produce an elevated reading.
Lack of Probable Cause for Arrest
Even if the stop was lawful, the officer must have probable cause to believe the driver was impaired before making a DUI arrest. If field sobriety test results were ambiguous or the officer’s observations were inconsistent, the defense can challenge the arrest itself.
Underage DUI Cases in Kern County
Under-21 cases in the Bakersfield area come from Bakersfield Police, the Kern County Sheriff’s Office and the CHP on Highway 99 and Highway 58. Infraction and misdemeanor cases are heard at the Kern County Superior Court Metropolitan Division on Truxtun Avenue. For a first offense, the sequence from the roadside test to the DMV hearing to court is laid out in the guide to what first-time minor DWI offenders face, and the DMV hearing request, due within 10 days under Vehicle Code 13558, is the first thing to do.
Frequently Asked Questions
Will an underage DUI stay on my child’s record permanently?
A misdemeanor DUI conviction under VC 23152 creates a criminal record until the conviction is dismissed. Penal Code 1203.4 allows a dismissal after successful completion of probation, but the DUI still appears on the DMV record for 10 years and still counts as a prior in a future DUI case. Infractions under VC 23140 do not create a criminal record but do appear on the driving record. The three clocks are explained in the post on how long a DUI stays on your record.
Can an underage DUI be reduced to a lesser charge?
Yes. In many cases a 23152 charge is reduced to a wet reckless (VC 23103.5) or a dry reckless (VC 23103). These carry lighter penalties than a DUI conviction. A wet reckless still counts as a prior DUI for 10 years, and from January 1, 2027 the court must give the same murder advisement on a wet reckless plea that comes with a DUI conviction. Neither reduction automatically ends the under-21 DMV suspension.
Will my child lose their scholarship or be expelled from college?
It depends on the institution and the scholarship terms. Many colleges require students to report criminal convictions, and a DUI conviction can trigger disciplinary proceedings. Scholarships with conduct requirements may be revoked. The zero-tolerance violation and the 23140 infraction are not criminal convictions. These collateral consequences are one more reason to fight the charge rather than accept the first offer.
Talk to a Bakersfield DUI Attorney
An underage DUI charge is serious, but it does not have to define your child’s future. California DUI law is detailed, the science behind DUI testing can be challenged, and the DMV hearing often decides the heaviest consequence before the court case starts. If your child has been charged with underage DUI in Bakersfield or Kern County, contact the Law Office of David L. Faulkner for a confidential consultation.
