Underage DUI Defense in Los Angeles

More Than 75 Years of Criminal Defense Experience on Your Side

California’s alcohol laws can expose drivers under 21 to license consequences even when their blood alcohol concentration is below the 0.08 percent limit associated with an adult DUI. At Stein & Markus, we examine the applicable statute, test results, traffic stop evidence, and deadlines. Our approach also draws on the insight of a former Los Angeles criminal prosecutor.

An underage alcohol-related driving case can follow two separate tracks: a California Department of Motor Vehicles action against the driving privilege and a criminal court case. Resolving one doesn’t automatically resolve the other, so young drivers and their families must be prepared to address both.

Call (562) 512-7030 as soon as possible so our underage DUI defense attorneys can review the stop, your documents, and any approaching DMV deadline.

Which California Underage DUI Laws May Apply?

California distinguishes among zero-tolerance violations, driving with a blood alcohol concentration of at least 0.05 percent, and standard DUI allegations. More than one law may apply to the same stop depending on the driver’s age, alleged impairment, test results, driving conduct, and record.

The principal laws include:

• California Vehicle Code 23136: This zero-tolerance law applies when a driver under 21 has a blood alcohol concentration of 0.01 percent or higher. It doesn’t require the same proof of impairment as a standard DUI allegation.
• California Vehicle Code 23140: This law prohibits a person under 21 from driving with a blood alcohol concentration of 0.05 percent or higher.
• California Vehicle Code 23152: Standard DUI provisions may apply when alcohol or drugs allegedly impair a person’s ability to drive. The statute also covers driving with a blood alcohol concentration of 0.08 percent or higher.

A test result below 0.08 percent can still carry consequences for a driver under 21. The case may instead involve California’s zero-tolerance law or the 0.05 percent rule.

The 10-Day Deadline to Challenge a DMV Suspension

The California Department of Motor Vehicles states that a driver under 21 whose preliminary alcohol screening or other chemical test shows a blood alcohol concentration of 0.01 percent or higher may receive a one-year license suspension. A preliminary alcohol screening is a roadside breath test used to estimate alcohol concentration. The consequences depend on the evidence, testing circumstances, and legal basis for the action.

A driver generally has only 10 days after receiving a suspension or revocation order to request a DMV administrative hearing. Missing that deadline can limit the opportunity to challenge the license action.

The DMV hearing concerns the driving privilege and proceeds independently of the criminal court case. The result of one proceeding doesn’t necessarily determine the outcome of the other.

Evidence That Can Shape an Underage DUI Defense

A test number is only one part of the evidence. We examine how the investigation began, what the officer reported, which tests were administered, when each sample was taken, and whether the evidence supports the cited statute.

Key areas for review include:

• The Traffic Stop: Whether officers had a lawful basis to stop or detain the driver.
• Officer Observations: What the reports say about driving, speech, coordination, appearance, and field sobriety exercises.
• Roadside Screening: How the preliminary alcohol screening test was administered and recorded.
• Chemical Testing: Whether proper procedures were followed and how the timing or method may affect the reported result.
• The Charged Statute: Whether the evidence supports a zero-tolerance action, an under-21 alcohol offense, a standard DUI allegation, or multiple claims.

We challenge each supported part of the prosecution’s case rather than treating every underage stop alike. That review includes whether the test reflects the relevant time and whether the officer’s observations are consistent with the allegation.

Criminal Defense Experience for Young Drivers & Their Families

Our attorneys bring more than 75 years of combined criminal defense experience to state and federal cases. Our team includes a former Los Angeles and Orange County Deputy District Attorney with 33 years of prosecutorial experience. That perspective allows us to assess how the government may develop and present its allegations.

For a young driver, the concerns often extend beyond court. License restrictions can affect school, employment, and family transportation. We can explain the available options, review the prosecution’s evidence, and build a strategy around the individual facts without promising a predetermined result.

What to Expect After You Contact Us

We begin by identifying immediate deadlines and clarifying the scope of the allegations. Preserve the citation, suspension notice, temporary license, test paperwork, court documents, and any notes about what happened before and during the traffic stop.

Our initial review covers:

• The date the DMV suspension or revocation order was received
• The scheduled court date and statutes listed on the documents
• The type and timing of roadside or chemical testing
• The officer’s stated reason for the stop and arrest
• The evidence available for the separate DMV and court proceedings

We provide representation from arrest through court proceedings, explaining the process, evaluating the evidence, and developing a defense based on the facts. We’re available around the clock for criminal defense matters.

Protect Your Opportunity to Challenge the Allegations

Acting promptly gives us time to assess the 10-day DMV hearing window and the separate criminal case. Young drivers and parents can contact us together, but the defense remains focused on the driver, the evidence, and the specific allegations. Keep every document received from law enforcement, the DMV, and the court so we can identify deadlines and prioritize the issues requiring immediate attention.

Call (562) 512-7030 to speak with Stein & Markus about underage DUI defense in Los Angeles.