The call came. Your teenager is in custody, or they’re home now with a citation in hand, and you’re trying to figure out what actually just happened. Here’s what most families don’t realize in those first hours: two separate legal clocks started running the moment your teen was stopped. One involves the DMV. The other involves criminal court. They operate independently, and missing a deadline on either one can close off options that won’t come back.
California’s underage DUI laws are more complicated than most people expect because there isn’t a single law. There are three. Which one applies depends on what the breath test showed and whether the officer observed impairment. That distinction determines what court your child faces, what goes on their record, and how much time you have to act.
We’ve handled these cases from both sides of the courtroom. Before founding DeLimon Law, Mr. DeLimon spent 16 years inside the Riverside County District Attorney’s Office. He knows how local prosecutors evaluate underage DUI arrests, which factors push a case toward filing, and which create room for early intervention. That background shapes how we approach every case that comes through our door.
California Has Three Separate Laws That Can Apply to One Underage DUI Stop
When an officer stops a driver under 21 and suspects alcohol involvement, the resulting charge depends entirely on the BAC reading and what the officer observed. The three statutes operate in different venues and carry different consequences.
- Vehicle Code 23136 (BAC 0.01% or higher): California’s zero-tolerance civil violation. It isn’t handled in criminal court at all. The DMV administers it, there’s no criminal record attached, but the penalty is a one-year license suspension. It can apply even when there are no visible signs of impairment.
- Vehicle Code 23140 (BAC 0.05% or higher, below 0.08%): A criminal infraction that does go through the court system. Penalties include a one-year suspension and fines. For drivers between 18 and 20, it creates a court record that isn’t automatically sealed the way juvenile records are.
- Vehicle Code 23152 (BAC 0.08% or higher, or observable impairment at any BAC): A full misdemeanor, identical to what an adult would face. Penalties include up to six months in county jail, fines up to $1,000 plus penalty assessments that can multiply the base fine several times over, and three to five years of informal probation.
These charges aren’t mutually exclusive. An officer can document observable impairment alongside a low BAC reading, which can push a case from a civil matter into misdemeanor territory. Getting clear on the specific charge as early as possible shapes the entire defense approach.
The PAS Test Rule That Catches Most Families Off Guard
One of the most consequential differences between adult and underage DUI law involves the preliminary alcohol screening (PAS) device, the handheld breathalyzer officers use roadside before making an arrest. Adults 21 and older can decline the PAS test before arrest without triggering automatic penalties. Drivers under 21 don’t have that option.
Under California’s implied consent law, obtaining a driver’s license as a minor constitutes prior consent to the PAS test. Refusing it triggers an automatic one-year license suspension, separate from any suspension tied to the underlying DUI charge. That suspension applies even if no alcohol was detected and even if all other charges are later dropped.
There’s another wrinkle worth knowing. The 0.01% threshold under Vehicle Code 23136 is low enough that residual alcohol from cough syrup, mouthwash, or certain medications can produce a positive reading. If your teen insists they hadn’t been drinking, that’s not necessarily impossible to believe. It’s a legitimate challenge point we pursue early when the facts support it.
Two Clocks Are Running: The DMV Hearing & the Court Case
Most families focus entirely on the court case and don’t realize the DMV is running its own proceeding in parallel. These two tracks are legally independent. A criminal charge being reduced, dismissed, or resolved in your teen’s favor doesn’t automatically cancel the license suspension. The DMV doesn’t follow the court’s lead. You have to fight that track separately.
The deadline to request a DMV Administrative Per Se (APS) hearing is 10 days from the date of arrest. Miss that window and the suspension goes into effect automatically. There’s no appeal to file, no extension to request. The opportunity simply closes.
Requesting the hearing in time does two things. It stays the suspension while the case is pending, which means your teen may be able to keep driving during the process. It also produces discovery: officer reports, PAS device calibration records, and test administration logs. Weaknesses that surface during the DMV hearing can carry directly into the criminal case.
Where the Case Goes Depends on Your Teen’s Age
In Riverside County, the court that hears a DUI charge depends primarily on whether the driver was under 18 or between 18 and 20. That distinction has significant long-term consequences.
Drivers Under 18: Juvenile Court
Minors under 18 charged with a DUI offense in Riverside are typically processed through the Riverside Juvenile Courthouse at 9991 County Farm Road, Riverside, CA 92503. The case is filed as a delinquency petition under Welfare and Institutions Code 602 rather than as a criminal charge. Juvenile records are restricted under WIC 827 and aren’t publicly accessible the way adult criminal records are. Juvenile court still carries real consequences (probation, fines, required programs, and license action) but the record protection is a meaningful difference.
Drivers 18 to 20: Adult Criminal Court
Once a driver is 18, they face the adult criminal system. For arrests in Riverside and the central county, that means the Riverside Hall of Justice at 4100 Main Street, Riverside, CA 92501. Arrests in the southwest part of the county, including Murrieta and Temecula, are handled at Southwest Justice Center in Murrieta. A conviction at this level creates a permanent public record, and for a 19-year-old applying to colleges, jobs, or professional licensing programs in the next few years, that record follows.
Drivers ages 18 to 20 convicted under Vehicle Code 23152 are also required to enroll in a DUI education program. The process requires calling the Riverside County Impaired Driver Program (IDP) at 951-955-7350 to schedule an enrollment orientation before registering with an approved provider. Riverside Recovery Resources (RRR), which operates the ALPHA program, is one of the county-approved providers and has administered Riverside County-approved DUI education since the early 1990s.
Where Defenses Begin & Why Early Action Changes the Outcome
Not every underage DUI arrest results in a conviction, and the strength of a DUI defense often depends on how quickly the work begins. The most productive challenge points tend to fall into three areas.
- The traffic stop itself: An officer needs lawful reasonable suspicion to pull a driver over. If the stop wasn’t legally justified, evidence gathered afterward (including the PAS result) can be suppressed. This is one of the first things we examine.
- The PAS device and how it was administered: These devices require regular calibration and must be operated according to specific protocols. If calibration records show gaps or the officer deviated from required procedure, the reading becomes vulnerable.
- Non-alcoholic sources of a positive reading: Cough suppressants, certain mouthwashes, acid reflux, and some medications can register on a PAS device. When a teen insists they weren’t drinking, these are real possibilities that deserve investigation, not dismissal.
For drivers 18 to 20, there’s an additional option that disappears once charges are formally filed. Pre-filing intervention means contacting the Riverside County District Attorney’s Office before a case enters the court system and presenting information that may persuade prosecutors not to file charges at all. No filing means no public record, no court dates, and no mandatory license suspension tied to a conviction. It’s not available in every case, but when the facts allow it, the outcome can be dramatically better than anything that comes after charges are filed.
The 10-day DMV deadline is the most pressing action item right now. Pre-filing intervention closes shortly after that. Families who need answers today can reach DeLimon Law at (951) 777-9104. We return calls the same day, often within minutes, and we start working immediately.