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Step 1: The ArrestDon’t let the police take advantage of you while you’re in custody. Call Walsh Law right away, and we’ll get to work protecting your rights so you don’t inadvertently self-incriminate.
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Step 2: The ArraignmentWalsh Law is an aggressive Folsom criminal defense firm that can argue for reasonable bail and help you await the end of your case from the comfort of your home.
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Step 3: Pre-Trial HearingsWe’ll evaluate the prosecution’s case, challenge weak evidence and inconsistencies, and do our due diligence to get the charges against you reduced or dropped.
El Dorado Hills Underage DUI Lawyer
Aggressive Defense for Minors Charged with DUI in El Dorado Hills, CA
If you or your child is facing underage DUI charges in El Dorado Hills, CA, the situation can feel overwhelming and frightening. The state of California enforces strict “zero tolerance” laws for drivers under 21, and the penalties can impact a young person's future—educational opportunities, career paths, and more.
At Walsh Law, we are experienced and compassionate El Dorado Hills underage DUI lawyers who understand the legal system and how to protect your rights. Our firm provides strategic, results-oriented defense to help minimize the impact of an underage DUI arrest and protect your long-term future or your child's.
Call (916) 610-3558 or contact us online today for a free consultation with an experienced El Dorado Hills underage DUI attorney and start building your defense.
What is Considered an Underage DUI in California?
California law treats underage DUI cases with particular seriousness. If a driver is under the age of 21 and has any measurable amount of alcohol in their system, they can be charged under one or more of California’s underage DUI statutes. There are several ways an underage driver may be charged:
Vehicle Code § 23136 – Zero Tolerance Law
This law makes it illegal for any driver under 21 to drive with a blood alcohol concentration (BAC) of 0.01% or higher. This is a civil offense and doesn’t necessarily carry criminal penalties, but it can result in a license suspension and be noted on the driver’s DMV record.
Vehicle Code § 23140 – Underage DUI (BAC of 0.05% to 0.07%)
This infraction applies if the underage driver’s BAC is 0.05% or higher but less than 0.08%. It may not result in jail time, but it comes with fines, license suspension, and mandatory DUI classes.
Vehicle Code § 23152 – Standard DUI
If the driver has a BAC of 0.08% or higher, or is impaired by drugs or alcohol, they can be charged with a misdemeanor DUI just like an adult. This is a criminal offense that carries more severe consequences, including the possibility of jail time, probation, and a permanent criminal record.
California Underage DUI Penalties
Penalties for underage DUI in California vary based on the specific charge, BAC level, and whether this is a first-time offense. The DMV and the criminal courts may both impose penalties, and in some cases, the young driver must face both.
For a BAC of 0.01% or More (Vehicle Code § 23136):
- 1-year driver’s license suspension
- No criminal penalties (civil offense only)
- Record of the infraction on DMV file
For a BAC of 0.05% or More (Vehicle Code § 23140):
- $100 fine
- Mandatory alcohol education program (3 months)
- 1-year license suspension
- No jail time, but could impact insurance and record
For a BAC of 0.08% or More (Vehicle Code § 23152 – Misdemeanor DUI):
- Up to 6 months in county jail
- Fines and penalty assessments totaling up to $2,000
- 3 to 9 months of DUI school
- 1-year license suspension
- 3 to 5 years of probation
- Criminal record
In cases involving drugs or refusal to take a breath or blood test, penalties can become more severe. Repeat offenses and aggravating factors such as speeding or causing an accident will also result in enhanced penalties.
Underage DUI FAQs
Can an underage DUI affect college admissions or scholarships?
Yes. Many colleges ask about criminal history or conduct background checks, and an underage DUI—even a civil infraction—can impact scholarship eligibility or admissions decisions.
Will I go to jail for an underage DUI in El Dorado Hills?
For BACs under 0.08%, jail time is unlikely. However, if charged under the standard DUI statute (Vehicle Code § 23152), jail is possible—especially for repeat offenses or aggravating factors. A skilled El Dorado Hills underage DUI attorney can work to avoid incarceration through alternative sentencing.
Can I fight an underage DUI charge in California?
Absolutely. Possible defenses include:
- Challenging the validity of the traffic stop
- Questioning the accuracy of the breathalyzer or blood test
- Arguing procedural errors or mishandled evidence
- Demonstrating that the driver was not impaired
Each case is unique, and the right legal strategy can make a significant difference.
How long does an underage DUI stay on my record?
A misdemeanor DUI can remain on your criminal record permanently unless expunged. DMV records usually reflect DUI offenses for 10 years. Our team can also help you explore options for record sealing or expungement if eligible.
Can parents be held responsible for their child’s DUI?
While the minor is the one charged, if a parent knowingly provided alcohol or allowed the child to drive impaired, there could be civil or even criminal consequences for the adult involved.
Why Choose Our El Dorado Hills Underage DUI Attorney?
At Walsh Law, we understand how stressful and confusing an underage DUI charge can be for both the minor and their family. Our approach is built around protection, guidance, and results:
- Over a decade of experience defending DUI cases in El Dorado Hills and throughout El Dorado County
- Personalized defense strategies tailored to underage clients
- Aggressive negotiation with prosecutors to seek charge reductions or dismissals
- Courtroom-tested litigation skills if the case goes to trial
- Compassionate support for minors and their families through the entire process
We believe that a mistake—especially at a young age—should not define a person’s life. Our goal is to protect your record, minimize penalties, and help you move forward.
Contact us at (916) 610-3558 to take the first step towards safeguarding your child's future today.
Values You Can Relate To
Client Testimonials

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“I am always able to get ahold of him directly either by cell or text including after hours and if for some reason he isn’t immediately available, he responds as soon as he can.”- Melissa C.
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“He was compassionate and explained to me what to expect in an easy way for me to understand. He was straightforward and delivered on what he said he could do for me!”- Claudia H.
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“I was in a bit of a situation and public defenders weren’t doing anything to help my case as if they didn’t have time. Which they don’t, but Chris Walsh did and came up with a few methods to fight my case.”- Dewan P.
