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Can A Juvenile Be Charged With A DUI/OUI In The State Of California?

Law Office of Katie Walsh

The answer to the question above is “Yes.” But, the facts underlying this basic set of laws are more complicated than what that answer suggests.

Going over these laws and how they pertain to your child while speaking with a California juvenile criminal justice lawyer at the Law Office of Katie Walsh will allow you and your child to obtain the best possible legal outcome.

A Zero-Tolerance Policy For Underage Drunk Driving

The state of California has a zero-tolerance policy for underage drunk driving and any other related acts. 

No matter what, if a juvenile is found to have a blood alcohol level of .01% will have their driver’s license suspended for a period of one year.

If a juvenile refuses a breathalyzer test or preliminary alcohol screening, then they, too, will be subject to a one-year driver’s license suspension.

Even though those consequences are the most common, this doesn’t mean that other consequences cannot be levied against a juvenile who violates the DUI/OUI laws that govern the state of California.

Other Consequences Can Be Levied Against A Juvenile Found Guilty Of A DUI/OUI

A juvenile who is found to have a blood alcohol level of .01% will have their license suspended for one year. But, if they are found to have a blood alcohol level that is higher than that, the consequences become far more significant.

Someone who is found to have a blood alcohol level of .05% – or, in turn, someone who has failed a preliminary alcohol screening or refused to take one – will have their license suspended for one year.

If this same juvenile has had previous infractions, though, or there were other circumstances present when they were pulled over, then they can be forced to pay a fine of no more than $300.

Outside of the above, if a juvenile is pulled over and found to have a blood alcohol level of .08% – or higher, for that matter – then they can be charged with a standard DUI. This is true regardless of the juvenile’s exact age.

A standard DUI in California comes with the following charges:

  • A term of no more than six months in jail.
  • A fee of no more than $1,000.
  • A driver’s license suspension of up to one year.

If a juvenile is charged with a standard DUI, they may also need to install an Ignition Interlock Device and attend a DUI program.

DUI/OUI Charges Can Stack Up

Every single one of the above is its own unique charge. But, DUI/OUI charges can stack up, leading to further and far greater consequences than those outlined within a single charge.

Just as an example, if a juvenile has a blood alcohol level of .08%, then they can be convicted of a standard DUI, as well as the two other charges outlined earlier, pertaining to a .01% and/or .05% blood alcohol level.

One possible result of the above is having one’s license suspended for nearly three years. Or, for that matter, being forced to pay over $1,300.

Speak With An Orange County Juvenile Criminal Justice Lawyer

The state of California takes DUIs and OUIs very seriously, regardless of your age. Speak with an Orange County juvenile criminal justice lawyer at the Law Office of Katie Walsh, and we will defend your child from the DUI/OUI charges they are facing.

Client Reviews

I hired attorney Katie Walsh to help my son when he was found with a large amount of drugs on school campus. She got us through the Expulsion Hearing, and miraculously he can go back to school at the winter semester...

AR- parent of minor client

I hired Katie Walsh to have my felony convictions expunged. She was able to expunge my record within 6 weeks of me giving her all the information. Even though technically I had a probation violation, and therefore the...

AR, criminal client

My 16 year old son was charged with possession of Marijuana, HS 11357(b). I was very concerned about what would happen to him and how this would affect his future. I contacted Ms. Walsh and she assured me that everything...

CT, parent of juvenile client

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DH - Parent of Juvenile client

I hired Katie Walsh to represent my son on sexual abuse allegations- P.C. 288(a) and P.C. 288(b)- they were Strike Charges. After negotiating with the D.A., she got all the strike charges dismissed, and got my son...

DR- mother of juvenile client

Katie Walsh was fantastic throughout this entire process! My 13 year old son was charged with two counts of lewd act on a minor, PC 288(a) and was in juvenile hall. After hiring Ms. Walsh, she GOT MY SON OUT OF JAIL and...

EG, parent of juvenile client

My 14 year old son was arrested at school for P.C. 311 (child pornography). My son had innocent and stupid nude pictures of himself and friends on his phone. Ms. Walsh was extremely easy to talk to, and made my son feel...

GK,TK, parents of juvenile client

Ms. Walsh was a life saver when I didn't know what was going on, or how to handle the situation. My young daughter was attacked at her middle school and was seriously injured. At a time when both the school and the...

HA, mother of 13 year old Victim Rights client

I hired Katie Walsh to seal my juvenile record of PC 288(a) (lewd act on a minor), after my request had been denied by a Judge and by the Probation Department. After speaking with Probation, the DA and the Judge at a...

JW, former juvenile client

I was charged with a Felony Conspiracy charge- PC 182. After hiring Ms. Walsh she got my charged reduced to a misdemeanor right away, and now I just have to do community service and in 6 months my entire case will be...

KP, juvenile client

Ms. Walsh was like a breath of fresh air throughout this entire process. I was uncertain about the outcome, but she told me everything would be ok- and it was. She had my juvenile record sealed within 3 months of...

LR, former juvenile client

Ms. Walsh got the judge to terminate my son's probation and seal his 2 juvenile cases (Penal Code 288(a) and Penal Code 242) even though he had violated my probation by picking up a new case. By getting his record sealed...

MB- mother of juvenile client

At a very difficult time in my life I contacted attorney Katie Walsh. I am a teacher and was being harassed/stalked by a parent at my school. I wanted a Restraining Order against this person. Ms. Walsh listened to me...

MB, restraining order client

My son was charged with Lewd Conduct, P.C. 647 out of Downey, CA. After hiring Ms. Walsh, she spoke with the District Attorney, Probation, and the Judge. Even though the judge was not pleased with the offer, she was able...

MG, parent of minor

It is with sincere gratitude that I send this recommendation As a parent of a child that was arrested on a Felony Domestic Abuse charge and over 2000 miles away I had to rely on friend of a friends word that you would...

MPF, mother of criminal client

I really liked having Ms. Walsh as my attorney. She visited me in Juvenile Hall. I was charged with four counts of Robbery (Penal Code 211). This was my 8th juvenile petition. Ms. Walsh got 2 of the robbery charges...

MU, juvenile client

I was arrested for a felony Domestic charge, PC 273.5(a). After I hired Katie Walsh, my entire case was dismissed. I never had to appear in court. I felt very comfortable with Ms. Walsh- she was easy to speak with...

NF, criminal client

Katie was instrumental in helping me with a criminal matter as an advocate for me and my children when I was a named victim in a DV case. She patiently and expediently addressed all of my questions and was an invaluable...


My daughter was pulled over arrested for having a Fake ID. After hiring Ms. Walsh my daughter did not have to plead guilty- which would have affected her license status. She did community service, completed a legal...


My 14 year old daughter was involved in an assault and battery- PC 240/242, in Irvine. After hiring Katie Walsh the case was not referred to Court. My daughter was able to complete a class and the case will be dismissed...

SG, mother a juvenile client

My son was charged with possession of Child Pornography P.C. 311.11(a) - a charge I did not realize a child could be guilty of! As parents were beside ourselves when we found this out, and contacted Katie Walsh. She...

SH- mother of juvenile client

From San Diego I contacted Ms. Walsh about sealing my juvenile record in Orange County regarding a Petty Theft charge. She was always very responsive to any of my questions, and consistently kept me updated. Even though...

XL, juvenile client

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