What Is an Under 21 DUI?

An Under 21 DUI occurs when a driver under the legal drinking age of 21 operates a vehicle after consuming any amount of alcohol. In California and most U.S. states, zero tolerance laws apply—meaning it is illegal for anyone under 21 to drive with even a 0.01% blood alcohol concentration (BAC) or higher.

Even a single drink can lead to arrest, license suspension, and long-term consequences that impact education, employment, and insurance rates.

Zero Tolerance Law in California

Under California Vehicle Code 23136, it is unlawful for a person under 21 to drive with a measurable amount of alcohol in their system. This law applies regardless of impairment—you do not need to be “drunk” to be charged.

For BAC levels 0.05% or higher, under Vehicle Code 23140, penalties increase and may include mandatory education programs and heavier fines.

Penalties for Under 21 DUI

Penalties vary depending on BAC level, prior offenses, and whether any property damage or injuries occurred. Common consequences include:

• Driver’s License Suspension: 1 year for a first offense
• Fines: Up to $300 (or more if combined with other offenses)
• DUI Education Program: Mandatory attendance
• Probation: Up to 3 years in some cases
• Criminal Record: May appear on background checks, affecting future opportunities

If the driver’s BAC is 0.08% or higher, they may face the same penalties as an adult DUI, including possible jail time and higher fines.

Can You Be Arrested for an Under 21 DUI?

Yes. Law enforcement officers can arrest an underage driver if they suspect alcohol consumption. Even if the driver refuses a breath test, refusal itself can result in automatic license suspension under California’s implied consent law.

Bail for Under 21 DUI

In many underage DUI cases—especially first-time, non-injury incidents—the driver may be cited and released without needing to post bail.

However, bail may be required if:

• The DUI caused an accident or injuries
• The BAC was exceptionally high
• The driver has prior offenses or probation violations

Typical bail for underage DUI ranges from $2,500 to $10,000, depending on the severity of the case.

How a Bail Bond Can Help

If bail is required and the full amount is too high to pay, a bail bond offers an affordable solution. A licensed bail agent can post bail on behalf of the defendant for a non-refundable fee—usually 10% of the total bail.

Benefits of using a bail bond include:

• Faster release from custody
• Flexible payment options for families
• Guidance and support through the bail process
• 24/7 availability in emergencies

Facing an Under 21 DUI Charge?

An under 21 DUI can have lasting consequences, but professional help is available. If you or your child has been arrested, our experienced bail agents are available day or night to post bail quickly and guide you through every step of the process.

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