Underage DUI Defense in Salinas
More Than 60 Years Defending Salinas Drivers
An underage DUI allegation can involve several blood alcohol concentration thresholds, a short deadline for requesting a DMV hearing, and proceedings outside criminal court. Lavorato & Scott provides DUI defense in Salinas and throughout Monterey County. Criminal defense is a dedicated focus of our practice, and an attorney personally works on each DUI case.
We represent young drivers facing California zero-tolerance allegations, underage DUI infractions, and misdemeanor or felony charges. We also guide parents through the separate DMV and court processes that may apply.
Call (888) 315-0588 to request a free, confidential consultation about an underage DUI citation or arrest.
California BAC Limits for Young Drivers
California applies several legal thresholds to drivers younger than 21. The allegation can depend on the measured blood alcohol concentration, known as BAC, and whether an officer reports signs of impairment. Each level may involve a different legal forum and potential consequences.
California law separates underage alcohol-related driving allegations into these categories:
- BAC of 0.01% or higher: California Vehicle Code 23136 prohibits a driver under 21 from driving at or above this zero-tolerance BAC, as measured by a preliminary alcohol screening test or another chemical test.
- BAC of 0.05% or higher: California Vehicle Code 23140 applies to young drivers at or above this threshold. A BAC from 0.05% through 0.07% can result in an infraction, a fine, and a DUI education program.
- BAC of 0.08% or higher: California Vehicle Code 23152 can support an adult-level misdemeanor DUI charge, even when the accused driver hasn’t reached the legal drinking age.
- Reported impairment: An officer’s observations can support a DUI allegation below 0.08%. The applicable charge depends on the evidence and circumstances.
More than one provision may apply based on the test result and reported conduct. Underage DUI defense in Salinas therefore begins with identifying the precise code sections listed in the citation, arrest paperwork, and DMV notice.
DMV Hearings & Potential License Suspensions
A section 23136 matter proceeds through the DMV administrative process rather than the criminal courts. A first violation can carry a one-year driver’s license suspension. Because this is a civil administrative action, the absence of a criminal charge doesn’t end the license issue.
The driver must request a DMV administrative hearing within 10 days after a citation under that section or a refusal to take a chemical test. The hearing isn’t scheduled automatically. Missing the deadline can eliminate the opportunity to contest the administrative suspension through this process.
Refusing a Preliminary Alcohol Screening Test
Drivers under 21 are deemed to have agreed to take a preliminary alcohol screening test under California law. This roadside breath test estimates alcohol concentration. Refusal can trigger a separate one-year license suspension regardless of whether alcohol was present.
License consequences depend on the allegation, testing circumstances, prior history, and other case-specific facts. Eligibility for a restricted or hardship license also depends on current legal requirements and the individual situation.
Underage DUI Proceedings in Monterey County
The path for an underage DUI in Monterey County depends on the driver’s age and the code section alleged. A zero-tolerance citation remains a civil DMV matter. A section 23140 infraction involving a driver younger than 18 is typically processed through juvenile court.
The Monterey County Superior Court Juvenile Division includes Juvenile Justice Court in Salinas. Juvenile records are generally sealed, although the treatment of a particular record and the sealing process can depend on the proceeding and surrounding circumstances.
Misdemeanor & Felony Proceedings
Misdemeanor and felony arraignments in Monterey County are held at the Salinas Courthouse. At an arraignment, the court formally addresses the charge and plea. A driver accused under section 23152 may face a criminal case in addition to a separate DMV action.
The Salinas Police Department and Monterey County Sheriff’s Office actively enforce impaired-driving laws, but the agency involved doesn’t determine the legal pathway. The driver’s age, alleged BAC, reported impairment, testing issues, and cited statutes shape how the case proceeds.
What to Do After an Underage DUI Citation
Keep the citation, arrest documents, testing paperwork, and every DMV notice. These materials identify the allegations, code sections, test information, and response dates. Don’t discard an envelope or notice simply because the paperwork also lists a court date.
Take these immediate steps:
- Determine whether the documents identify a zero-tolerance violation, refusal to test, infraction, or criminal charge.
- Address the 10-day DMV hearing deadline immediately if the case involves section 23136 or refusal of a chemical test.
- Review the DMV and court documents together because the two processes can proceed independently.
Our free, confidential consultation allows the driver and parents to discuss the allegation with an attorney. We determine which administrative or court proceedings apply without treating every underage alcohol allegation as an adult DUI.
Clarify the DMV & Court Processes
Prompt review can identify approaching deadlines, the alleged BAC tier, and whether the case involves the DMV, juvenile court, criminal court, or multiple proceedings. Families also receive a direct point of contact for discussing the documents and circumstances with an attorney.
Request a free, confidential DUI consultation with Lavorato & Scott through our contact form or by calling (888) 315-0588.
Our Client Testimonials
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"Prompt, professional, and responsive, the attention to detail on our case was unparalleled."The way that Christian, Jana, and the team at Lavorato & Scott navigated the complicated maze of family court was clearly an example of his refined skill and understanding of what needed to be done to ensure the best outcome for the children involved. I would highly recommend this firm to anyone that has a family court matter and wants a team of professionals in which the children's well being to be the center focus of their representation.Stafford B.
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"Mr. Scott is highly knowledgeable, ethical, and will fight hard in the court room."Christian Scott is one of the few attorneys in Monterey County who can fight sleazeballs like David Parnie. Mr. Scott is highly knowledgeable, ethical, and will fight hard in the court room.Bill
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"I had the best experience!"Mr. Scott represented me in my divorce action. It was a difficult time in my life and dealing with the custody of my children and support issues, Mr. Scott and his team really came through for me. He was aggressive when he needed to be but was able to settle all of my issues outside of the courtroom. I met with other attorneys before I met with Mr. Scott. I am very glad that I waited until I found Christian and at the end of my interview, I hired Mr. Scott. We went to court and everything, but there was no arguing in the courtroom like many of the other cases. Mr. Scott had 4 other cases the morning of my case. When he showed up it was like he was a celebrity. Other attorneys came up to him and greeted him. His other clients greeted him. I even saw the investigator and some mediator come up to him and speak with him. I saw him argue against another attorney when he was unable to work something out and the Judge ruled in his favor on everything. Gave him everything he asked for. It was very impressive. After he argued that case, he went out in the hallway spoke with the attorney on the other side, came over to me and spoke with me about the negotiations and I was very happy with where I stood. I happily agreed to what Mr. Scott worked out. We went into the court room, Mr. Scott told the judge the agreement and I was out of there. Now that the divorce is over with, I am very happy. I have a great custody situation, 50/50. My ex wife and I have gone to co-parent counseling at the suggestion of Mr. Scott and have a working co-parent relationship. I am very happy with the property division as well. The case took about 6 months from start to finish. I am very happy with my choice. I hope I never need Mr. Scott's services in the future, but if I have a problem, I would go straight back to him and his team. I have recommended him to my friends and co-workers and have never heard a complaint.Anonymous
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"I am extremely happy with the law firm of Lavorato & Scott, my attorney is Daniel P. Bozzo and his paralegal Jana."From the moment I walked in they made me feel comfortable and safe. They consult me and I immediately happily retained their services. I was a nervous mess as I have different cases going a Restraining order/ Domestic Violence and Divorce . Both Daniel and Jana kept reassuring me that things will be okay and to confide in them. I had to get a little lecture , but that’s ok as I needed it...They really now what they are doing. We have recently gone to our first court hearing and I’m HAPPY of how things are turning out. Patience is a virtue. And I don’t mind waiting as long as things are handled appropriately.Iris G.
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"If anyone out there considering the Scott law , I definitely recommend giving Scott a call. Look no further."Mr. Scott is the best attorney, he answered my questions with specific and direct answers, Mr. Scott At easy my nervousness and took the time to explain the process to me in detail. He was very easy to talk to, he would respond to my email very quickly. He gave timely updates to my case and was quick to answer all the questions I had.Ana M.
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"Christian is a very good attorney all around."Christian is a very good attorney all around. He is knowledgeable and doesn't sugarcoat things. He is real and his advice is always helpful. I have referred many people to him and they are all very happy with his advice and representation.Anonymous
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"Thank you Christian. And to the staff, thank you All for always being such a pleasure. You are such a wonderful Team."Christian Scott came highly recommended. From our first consultation together back in 2019 I knew I would be in good hands. It has been a long journey together. Despite all the difficulties and never ending battles with my case, I have always been able to trust that Mr. Scott has and continues to do what is in the best interest of my case. He has always listened, takes into consideration what I've presented, yet still offers his own recommendations and guidance that is based on his many years of experience. Offering his open, fair, honest and genuine realistic input has been been like having a family member fight for you when you have needed it in the lowest times of your life.Cynthia G.
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"Great results, very satisfied with his help!"I had a criminal case involving a DUI. Christian got me through it and was very helpful. I will recommend him to any of my family or friends that get into a jam.Anonymous
