Top Fremont DUI Defense for Underage Drivers

Zero Tolerance DUI Laws in Fremont, CA Explained

If you are below the age of 21 and have been arrested or charged with a DUI in Fremont, Union City, or Newark, California, it is important that you have a capable Fremont DUI attorney handling your case. California maintains a zero tolerance policy when it comes to underage drinking and driving which means that you may not have any alcohol in your system at all when you get behind the wheel of a vehicle.

What is Considered an Underage DUI?

An underage DUI is a violation of the California Vehicle Code in three ways. It is a civil offense against California's Zero Tolerance Law, an infraction if your BAC is 0.05 to 0.07 percent, and a misdemeanor if you are found driving under the influence. If you are 21, the issue is not whether alcohol or drugs have impaired your driving. You can be charged with a DUI for consuming any measurable level of alcohol whether it has influenced your driving behavior or not.

What are the Penalties for an Underage DUI?

If you submit to a chemical test and your BAC is 0.01 percent or higher, you face an automatic license suspension of up to one year or, if you don't yet have a driver's license, a one-year delay of being issued one. If you refuse to take a chemical test, you can lose your license for one to three years, depending on the circumstances. This is a civil offense enforced by the DMV.

The penalties for a BAC level of 0.05 to 0.07 are fines, a one-year license suspension, and completion of an alcohol program before your license can be reinstated. Conviction of a DUI misdemeanor (BAC at 0.08 percent and higher) will result in varying penalties, depending on the facts of your case. These penalties include informal probation, up to $1000 in fines, a 1-year license suspension, up to one year in a county jail, and a court-approved alcohol class.

Despite the penalties, a conviction is not automatic and, with the competent legal assistance of our Fremont DUI lawyer, your case can be effectively defended. We advise you to contact our firm as soon as possible to speak to Adam about your legal defense.