Underage DUI Attorney in Victorville
Arrested for Underage DUI? Call a Victorville Attorney Today
If your child is facing an underage DUI in Victorville, you deserve more than legal information. You need clarity, reassurance, and a responsive underage DUI attorney in Victorville who deeply understands both California law and the community.
At the Law Offices of Brian E. Skibby, we bring over 25 years of dedicated criminal defense experience and a truly hands-on approach. We guide families through every step of the process, offering legal strategies crafted for the unique legal and emotional complexities of underage DUI cases handled throughout San Bernardino County.
Speak with an experienced underage DUI attorney in Victorville today. We offer free consultations to protect your future. Call (909) 695-0095 now or contact us online—help starts here.
Understanding Underage DUI Laws in California
In California, there are several Vehicle Code sections that apply to drivers under the age of 21, creating a tiered system of penalties based on blood alcohol concentration (BAC). The laws are designed to be strict, and a Rancho Cucamonga underage DUI lawyer must be familiar with each to build a comprehensive defense.
- Vehicle Code § 23136 (Zero Tolerance Law): This is the foundation of California's policy. It is a civil offense, not a crime, for a person under 21 to drive with a BAC of 0.01% or greater. This low threshold is easily met with a single sip of an alcoholic beverage. A violation of this statute results in an automatic one-year license suspension by the DMV.
- Vehicle Code § 23140 (Underage DUI): This is a step up from the zero-tolerance law. It is an infraction for a person under 21 to drive with a BAC of 0.05% or higher. While this offense does not carry jail time, it is a criminal offense and comes with a one-year license suspension, a fine, and mandatory alcohol education classes.
- Vehicle Code § 23152 (Adult DUI): This is the most serious charge an underage driver can face. If a person under 21 drives with a BAC of 0.08% or higher, or is proven to be impaired by alcohol or drugs, they can be charged with a standard misdemeanor DUI, just like an adult. This can result in jail time, significant fines, and a criminal record.
The prosecution's case often relies on the results of a preliminary alcohol screening (PAS) test, which is a breath test administered at the scene. It is important to remember that while a minor can refuse to take this test, doing so can lead to an automatic one-year license suspension by the DMV.
A skilled underage DUI defense attorney in Rancho Cucamonga will meticulously analyze the specific details of your case to challenge the prosecution's claims.
Consequences of Underage DUI Convictions in California
A conviction for an underage DUI is a life-altering event. The legal penalties can be severe, and the collateral consequences can be even more devastating, creating barriers that can feel impossible to overcome.
The direct legal penalties for an underage DUI conviction in California are steep and depend on the specific charge:
- VC § 23136 (BAC 0.01% or higher): This is a civil offense handled by the DMV. The penalty is a mandatory one-year license suspension, with no jail time or fines.
- VC § 23140 (BAC 0.05-0.07%): This is a criminal infraction. A conviction can result in a fine of $100, a mandatory one-year license suspension, and mandatory alcohol education classes.
- VC § 23152 (BAC 0.08% or higher): This is a criminal misdemeanor. A conviction can result in a fine of up to $1,000, a jail sentence of up to six months, and a driver's license suspension.
In addition to these penalties, a conviction can also lead to:
- Probation: You may be placed on informal probation for several years.
- Mandatory Programs: You will likely be required to complete a DUI school or a substance abuse education program.
- Increased Insurance Rates: Your car insurance premiums will likely increase significantly for several years after a conviction.
An underage DUI conviction creates a permanent criminal record, leading to devastating and lasting consequences. It can be a major barrier to employment, professional licenses, and higher education, including scholarships and financial aid. All convictions carry a damaging social stigma, impacting your reputation and personal relationships. This is why a dedicated defense is crucial to protect your future.
Building a Strategic Defense for Underage DUI Charges in Victorville
Every case is unique, and we develop a defense strategy tailored to your specific circumstances. As a seasoned Rancho Cucamonga underage DUI lawyer, we will leverage every possible defense, including:
- Challenging the Traffic Stop: An officer must have reasonable suspicion to pull you over. If the stop was illegal, all evidence obtained as a result may be suppressed.
- Disputing Field Sobriety Tests: These tests are notoriously unreliable. We can argue that your performance was affected by medical conditions, fatigue, or environmental factors rather than intoxication.
- Questioning Chemical Test Accuracy: The accuracy of breathalyzer and blood test results can be challenged based on issues with the equipment, the testing procedures, or the chain of custody. We can argue that a false positive was caused by mouth alcohol, such as from mouthwash.
- Constitutional Violations: We will challenge any violation of your rights, such as an unlawful search and seizure or a coerced confession.
- Lack of Impairment (VC § 23152): For the most serious charge, we can argue that despite the BAC reading, you were not actually impaired and were able to drive safely.
Why Families Trust Our Underage DUI Attorneys in Victorville
Choosing an underage DUI lawyer in Victorville is a decision that can impact your child’s future and your family’s peace of mind.
Here’s what makes Brian Skibby Law Office APC a standout underage DUI attorney in Victorville and the trusted choice for so many families:
- 25+ years of hands-on criminal defense experience: We’ve helped hundreds of families face complex juvenile accusations—including underage DUI—successfully.
- Strong local relationships: Our reputation with Victorville judges and prosecutors can be a valuable asset, allowing us to negotiate and advocate with credibility.
- Accessible, family-focused legal care: We remain directly involved in your case, offering clear updates and straightforward communication, so you always know where things stand.
- Emergency help when it matters most: Whether an arrest happens after hours or during school holidays, our 24-hour emergency line ensures support is just a phone call away.
Over decades of defending underage DUI cases, we have become familiar with the expectation that San Bernardino County judges place on accountability and rehabilitation. Our long-standing relationships with court officials and prosecutors in Victorville provide your case with recognition and respect that can influence the procedures and resolutions available to you and your family.
Our experience puts us in a strong position to advocate for opportunities like early enrollment in DUI programs or alternative rehabilitative sanctions, which can make a meaningful difference in your child’s life and avoid harsh penalties when possible.
Contact Our Underage DUI Lawyers in Victorville Today
When your family is dealing with the stress of an underage DUI accusation, you deserve a committed, knowledgeable advocate who will put your child’s future at the forefront. At Brian Skibby Law Office APC, our underage DUI attorneys in Victorville offer decades of courtroom experience, regional relationships, and a direct, compassionate approach for every family.
We provide:
- Free, confidential consultations so you fully understand your options before making any decisions.
- Direct attorney involvement—no passing your case to junior staff—every step of the way.
- Affordable rates and payment plans to relieve added financial stress.
- 24/7 emergency access, because we know problems don’t keep office hours.
From your very first call, you can rely on us for clear answers, strategic advice, and local guidance tailored to your child’s circumstances in Victorville. We welcome all questions and provide honest, thorough information about the process ahead. Let Brian Skibby Law Office APC become the advocate your family needs to restore peace of mind and safeguard your child’s future.
Call us today at (909) 695-0095 or reach out online to get started with a free consultation and take confident steps toward a brighter future in Victorville.
FAQs About Underage DUI in Victorville
What Happens to My Child’s Driver’s License After an Arrest?
An underage DUI arrest typically triggers an automatic DMV license suspension, even before the court case begins. Under California Vehicle Code §23136, a BAC of 0.01% is enough for a one-year suspension. You must request a DMV hearing within 10 days to contest the suspension. Our firm immediately takes action to defend your child’s driving privileges at both the administrative and court levels.
Will an Underage DUI Stay on My Child’s Record Forever?
Not necessarily. Most underage DUI offenses in Victorville are eligible for record sealing once the court's conditions are met and the individual reaches a qualifying age. However, sealing is not automatic, and certain aggravating factors may limit eligibility. Our attorneys assist families in filing for record sealing and ensure the process is completed properly to help protect your child’s future academic and employment prospects.
Can My Child Go to Jail for an Underage DUI?
Juvenile detention is rare but possible in serious cases involving high BAC levels, injuries, or prior offenses. More commonly, penalties include probation, community service, and mandatory education. Our goal is to advocate for non-custodial outcomes that emphasize rehabilitation rather than punishment.
Does a DUI Affect College Applications or Scholarships?
Yes, a DUI—even as a juvenile—can affect college admissions, scholarships, or financial aid. Although sealed records aren’t typically disclosed, schools may ask about prior arrests or convictions. Legal representation can help minimize the charges and work toward outcomes that don’t jeopardize your child’s academic goals.
Why Choose the Law Offices of Brian E. Skibby for Underage DUI Defense?
We offer personalized, results-driven representation with 24/7 availability for families in crisis. Our deep knowledge of the Victorville and San Bernardino County legal systems allows us to provide strong, compassionate advocacy. We prioritize minimizing the impact on your child’s future and keeping you informed every step of the way.