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Underage DUI calculator.

California's zero-tolerance law means any detectable alcohol can suspend a driver under 21's license. Find out what the zero-tolerance law requires, what criminal charges apply, whether juvenile or adult court handles your case, and how a conviction affects school and future employment. Free written report delivered to your inbox.

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Free underage DUI calculator

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How old were you at the time of the arrest?
What was your BAC or test result?

California's zero-tolerance law makes any detectable alcohol (0.01% or higher) a license suspension offense for drivers under 21.

Do you have any prior alcohol-related offense on your record?
What type of license do you hold?
What chemical test happened?
Was there an accident or injury?
In which California county were you arrested?
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Your underage DUI analysis is on its way. It covers the zero-tolerance framework, what happens to your license, criminal court exposure, juvenile vs adult court if applicable, and school and future consequences.

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California's zero-tolerance law explained

Vehicle Code 23136 establishes California's zero-tolerance standard for drivers under 21. Any detectable alcohol — defined as a blood alcohol concentration of 0.01% or higher — is enough to trigger a one-year administrative license suspension. This threshold is so low that it can be reached after consuming a small fraction of a single drink. The suspension is an administrative DMV action, not a criminal conviction, meaning it can happen even when no criminal charge is filed. The zero-tolerance framework exists separately from and in addition to any criminal charges that may apply based on the BAC level.

When criminal charges apply

Not every underage DUI triggers criminal charges. Vehicle Code 23140 applies when a driver under 21 has a BAC of 0.05% to 0.07%: this is a civil infraction, not a criminal misdemeanor, and carries a fine but no jail exposure. When the BAC reaches 0.08% or higher, Vehicle Code 23152 applies — the same criminal DUI statute that governs adult drivers. At that level, the underage driver faces the same misdemeanor DUI charges, the same potential jail exposure, and the same court process as any adult. The zero-tolerance administrative suspension operates alongside the criminal case and is not dismissed if the criminal case is reduced or dismissed.

Juvenile vs adult court

For drivers under 18, DUI cases are generally heard in juvenile court rather than adult criminal court. Juvenile court operates under different procedures: hearings are typically closed to the public, records are confidential, and the court has broader discretion to order diversion, informal supervision, or deferred entry of judgment instead of a formal conviction. Juvenile adjudications generally do not appear on adult criminal records, though DMV records are separate and the license consequences apply regardless. For drivers 18, 19, or 20 years old, the case proceeds in adult criminal court with no juvenile court option.

Long-term consequences of underage DUI

A DUI conviction or adjudication stays on a driving record for 10 years and will appear in background checks that include DMV history, such as those run by insurers and employers requiring driving. For adult court convictions, the criminal record appears in general background checks used by employers, landlords, and professional licensing boards. College applications increasingly ask about criminal history. Professional licenses in nursing, teaching, law, and other regulated fields require disclosure of DUI convictions and can be denied or conditioned on that basis. Early resolution through diversion or reduction to a non-alcohol offense, where available, can significantly limit these downstream effects.

Common questions

What people ask about underage DUI

What is California's zero-tolerance law?

Vehicle Code 23136 prohibits drivers under 21 from driving with a BAC of 0.01% or higher. Any detectable alcohol triggers a one-year administrative license suspension by the DMV. This is not a criminal conviction — it is a civil administrative action that operates independently of any criminal case. The 10-day DMV hearing request deadline still applies: if you do not request a hearing within 10 days of arrest, the suspension becomes automatic.

Can an underage DUI result in criminal charges?

Yes, depending on BAC level. A BAC of 0.05% to 0.07% triggers Vehicle Code 23140, an infraction with fines but no criminal record. A BAC of 0.08% or higher triggers Vehicle Code 23152, the standard criminal DUI statute — the same charges an adult would face, with potential jail time, probation, mandatory DUI program enrollment, and a criminal record. Below 0.05%, typically only the administrative zero-tolerance suspension applies and no criminal charge is filed.

Will an underage DUI go to juvenile or adult court?

For drivers under 18, DUI cases are handled in juvenile court. Juvenile proceedings are confidential, records are generally sealed, and the court has wide discretion to order diversion instead of a formal adjudication. For drivers 18 to 20, the case proceeds in adult criminal court, where a conviction becomes a public criminal record. The DMV license consequences under the zero-tolerance law apply regardless of which court handles the criminal case.

How long will the suspension last?

A zero-tolerance violation under VC 23136 results in a one-year suspension for a first offense. A refusal to submit to a roadside PAS test also results in a one-year suspension. If a criminal DUI conviction results under VC 23152, the court may impose an additional suspension that runs concurrent or consecutive with the DMV action. A second zero-tolerance violation within 10 years results in a two-year suspension. The DMV hearing is the only opportunity to challenge the suspension before it takes effect.

Will an underage DUI affect college applications?

It can. Many college applications ask about criminal convictions or arrests. A misdemeanor DUI conviction under VC 23152 must typically be disclosed on applications that ask about criminal history. Juvenile adjudications are generally confidential and do not need to be disclosed in the same way. Some universities conduct background checks after acceptance. Scholarship programs and campus housing applications may have their own disclosure requirements. Getting the case resolved through diversion or reduced to a non-DUI charge can significantly reduce disclosure obligations.

Is this calculator legal advice?

No. The calculator output is for informational purposes only and does not create an attorney-client relationship. Legal advice, meaning advice specific to your circumstances given by a licensed attorney who has reviewed the full record, comes only after a consultation. The consultation is also free and creates no obligation to retain.

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