Wilber Law Offices, P.C. Wilber Law Offices, P.C.

the dui anatomy of a flowchart

NAPA COUNTY UNDERAGE DUI LAWYER 

PROTECTING MINORS IN NAPA COUNTY

California takes a hard stance on underage drinking and driving, enforcing a stringent 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. This is a criminal offense that carries both criminal and administrative penalties. If you or your child has been charged with underage DUI, it is crucial to act swiftly to safeguard your rights.

Call Wilber Law Offices, P.C. at (707) 986-4482 or contact us online for a consultation with our Napa County underage DUI defense attorney.

WHAT IS THE PENALTY FOR AN UNDERAGE DUI IN CALIFORNIA?

A conviction for underage DUI in California results in a criminal record, which can make it challenging to get a job, find housing, or obtain a professional license. It can also escalate penalties for future DUI convictions. Drivers under 21 with a BAC of 0.01% or higher can be charged with underage DUI, while those with a BAC of 0.05% or higher can be charged with wet reckless driving. Both carry severe penalties.

At such a low BAC threshold, drivers can be charged even without consuming any alcohol, as false positives from breathalyzer tests can be triggered by certain foods, medications, or mouthwashes. A knowledgeable defense attorney can help challenge the results of a breath test and fight an underage DUI charge.

Penalties for First-Time Underage DUI 

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 ranging 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 found to have a BAC of 0.01% or higher, you can be charged with underage DUI. The low BAC threshold means charges can occur even without alcohol consumption due to false positives from various sources. If your BAC is 0.05% or higher, you can be charged with wet reckless driving, a lesser offense with lighter penalties.

IS UNDERAGE DUI A FELONY?

No. Underage DUI is a misdemeanor offense in California. However, if you have previous convictions for underage DUI or any other DUI offenses, subsequent offenses can be charged as felonies, carrying a potential 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 approved, the conviction is set aside, releasing you from all penalties and disabilities. You can legally answer “No” when asked about criminal convictions, though the record remains visible to law enforcement and can affect future DUI penalties. Eligibility for expungement requires successful completion of probation, payment of all fines and restitution, and no other current criminal charges. A skilled Napa County underage DUI attorney can guide you through this process.

CAN YOU GO TO JAIL FOR AN UNDERAGE DUI?

Yes. A first-time underage DUI conviction can result in up to 6 months in jail. Prior DUI convictions can elevate charges to felonies, with potential state prison sentences of up to 4 years.

HOW LONG DOES AN UNDERAGE DUI STAY ON YOUR RECORD?

An underage DUI conviction remains on your criminal record indefinitely unless expunged. It can elevate penalties for future DUI convictions and hinder employment, housing, or professional licensing opportunities. Repeat offenders may also need to install an ignition interlock device (IID) in their vehicle.

WHAT IS THE LEGAL BAC LIMIT FOR MINORS?

The legal BAC limit for drivers under 21 is 0.01%. Drivers with a BAC of 0.01% or higher can be charged with underage DUI, and those with a BAC of 0.05% or higher can be charged with wet reckless driving. At 0.08% or higher, they can be charged with DUI.

CAN A MINOR BE CHARGED WITH AN OPEN CONTAINER VIOLATION?

Yes. It is illegal for a minor to possess an open container of alcohol in a vehicle. This misdemeanor offense can result in up to 6 months in jail. If coupled with a BAC of 0.01% or higher, both underage DUI and open container violations can be charged.

CAN YOU REFUSE A BREATHALYZER TEST IF YOU ARE UNDER 21?

No. California's implied consent law mandates all drivers to consent to chemical testing if lawfully arrested for DUI suspicion. Refusing a test results in a 1-year driver's license suspension for the first-time refusal.

HOW CAN AN ATTORNEY HELP ME FIGHT UNDERAGE DUI CHARGES IN NAPA COUNTY?

Contacting a skilled Napa County underage DUI attorney immediately is vital. A DUI conviction has grave repercussions, including fines, jail time, driver's license suspension, and a criminal record. 

An attorney provides crucial guidance on your rights and legal options, and will:

  • Conduct a thorough investigation of your case
  • Challenge breathalyzer test results
  • File necessary motions and legal documents
  • Represent you in court proceedings
  • Negotiate for reduced charges or sentences
  • Fight for a “not guilty” verdict if needed

At Wilber Law Offices, P.C., our Napa County underage DUI defense lawyer leverages over 45 years of experience to provide excellent legal representation. Our lawyer's deep understanding of California DUI laws, skillful negotiation, and relentless advocacy work to achieve the best possible outcome for your case.

GET THE AGGRESSIVE LEGAL REPRESENTATION YOU NEED

If you or your child has been charged with underage DUI, you need an experienced defense attorney. At Wilber Law Offices, P.C., we are dedicated to providing assertive representation for all DUI charges. Our Napa County underage DUI defense lawyer will fight to protect your rights and aim to have your charges reduced or dismissed.

Our firm represents clients throughout Napa County. We offer free initial consultations and can meet with you via phone or in person. 

Reach out to Wilber Law Offices, P.C. at (707) 986-4482 or contact us online for a consultation with our Napa County underage DUI defense attorney.

No Jail Time
Client charged with a violation of probation and 3rd DUI - a wet reckless with no jail time was offered prior to the start of litigation of a suppression motion.
  • Case Dismissed
    Battery charge dismissed halfway through trial, and the jury hung on the resisting charge.
  • Case Dismissed
    But case later overturned on appeal based on arguments made by our counsel during the trial that the blood test was inadmissible and that there was no time of driving established by the evidence.
  • “Awesome, awesome firm. Ryan by far excided my expectations. He has a close relationship with all the players in Napa county's the DA's office. Has worked with them for many years.” - Shaun K.
  • “My husbands case was resolved fairly and no jail time :). I HIGHLY RECOMMEND RYAN WILBER'S SERVICES TO ALL MY FAMILY AND FRIENDS.” - Astrid M.
  • “If you need legal help I fully recommend them! If your looking for an experienced trial lawyer this is the team you want to hire.” - William H.
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