What Is an Underage DUI?

An underage DUI occurs when a driver under the legal drinking age of 21 operates a motor vehicle with alcohol in their system. Unlike standard DUI laws, which require a blood alcohol concentration (BAC) of 0.08% or higher, most states—including California—enforce a zero tolerance policy for underage drivers.

That means an underage driver can be charged with DUI for having a BAC as low as 0.01%.

Zero Tolerance Law in California

Under California’s Vehicle Code 23136, it is unlawful for drivers under 21 to operate a vehicle with any measurable amount of alcohol in their system.

In addition, underage drivers can face charges under Vehicle Code 23140, which applies if their BAC is 0.05% or higher.

Penalties for Underage DUI

Penalties depend on the driver’s BAC level and whether it’s a first or repeat offense. Common consequences include:

• Driver’s License Suspension: One year for a first offense
• Fines: Up to $300 for a BAC of 0.05% or higher
• Mandatory DUI Education Program: Often required even for first offenses
• Community Service or Probation: Depending on the severity of the case
• Criminal Record: Underage DUI may appear in background checks and impact future opportunities

If the underage driver’s BAC is 0.08% or higher, they can face the same penalties as adults, including jail time, larger fines, and longer license suspensions.

Bail for Underage DUI

In many underage DUI cases, especially first offenses with no injuries, the driver may be cited and released without bail.

However, bail may be required if:

• The BAC was very high
• The driver caused an accident or injuries
• The driver has prior DUI or driving-related offenses

Bail for underage DUI can range from a few thousand dollars up to $10,000 or more in serious cases.

How a Bail Bond Can Help

If bail is set, a bail bond provides an affordable way to secure release. With a bail bond:

• A licensed bail agent posts bail on behalf of the defendant
• The defendant (or their family) pays a non-refundable fee—usually 10% of the total bail
• The agent explains the process and ensures compliance with court appearances

This allows the underage defendant to return home and begin addressing the legal consequences with legal counsel.

Facing an Underage DUI Charge?

An underage DUI can have serious consequences that affect driving privileges, education, and future opportunities. If you or a loved one has been arrested, our experienced bail agents are available 24/7 to help post bail quickly and guide you through the process.

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