Underage DUI

Bakersfield Underage DUI Lawyer 

Defending Against Underage DUI Charges in Kern County

California takes a "zero tolerance" approach to underage drinking and driving. That means that if someone under the age of 21 is found to have a blood-alcohol concentration (BAC) level of .01% or above, they will be arrested for underage DUI, even if there was no erratic driving or other indicators of drunk driving.

If you or your family member has been arrested and charged near Bakersfield, California, it is crucial that you contact a qualified Kern County underage DUI attorney at once. The driver's license suspension for underage DUI is often for one year, and in some cases, the car will be impounded and later sold.


Has your child been charged with an underage DUI? Our Bakersfield DUI attorneys can help schedule a case evaluation today by calling (661) 874-1325 or completing our online contact form. 


California Zero-Tolerance Law

California is one of the many states to enforce a zero-tolerance approach to underage drinking. this means that if a person is under the age of 21 and they are given a BAC test, whether a Breathalyzer or blood test, and found to be at a level of .05% or above, they will also be charged with a DUI charge, which is a misdemeanor.

Don't take chances on an underage DUI charge. The zero-tolerance approach in California can result in the loss of driving privileges and even the loss of the vehicle under certain circumstances.

What are the Penalties for an Underage DUI in California?

If convicted, this will go on their permanent criminal record, and they could be facing DUI penalties. In addition to the penalties served and a criminal record, potential employers and colleges have access to these via background checks. The individual must report the conviction if asked this question on applications, making it a difficult hurdle for years to come.

How To Defend Against Underage DUI Charges

While every case is unique, some common defenses against underage DUI charges may include:

  • Lack of Probable Cause for the Stop: If the police did not have a valid reason to pull you over, the entire traffic stop may be considered illegal. This lack of probable cause could lead to the dismissal of charges.
  • Faulty Field Sobriety Tests: Field sobriety tests are subjective and can be impacted by various factors such as nervousness, fatigue, or physical conditions. Challenging the accuracy and reliability of these tests may be a defense strategy.
  • Breathalyzer Accuracy: Breathalyzer machines must be properly calibrated and maintained to ensure accurate results. Issues with the calibration or maintenance of the machine may be grounds for challenging the breathalyzer results.
  • Rising Blood Alcohol Content (BAC): It takes time for alcohol to be absorbed into the bloodstream. If you consumed alcohol before driving, your BAC might have been below the legal limit while driving but exceeded it by the time you were tested. This is known as the "rising BAC" defense.
  • Medical Conditions: Certain medical conditions or medications can affect breathalyzer results. If you have a medical condition that could impact the accuracy of the test, it may be a valid defense.
  • Illegal Search and Seizure: If law enforcement had conducted an illegal search or seizure to obtain evidence against you, it could be grounds for suppressing that evidence in court.
  • Miranda Rights Violation: If you were not informed of your Miranda rights during the arrest, any statements you made may be inadmissible in court.

Contact Our Underage DUI Attorney in Bakersfield Today

At Middlebrook & Associates, our attorney has successfully defended countless underage drivers on DUI charges. The resources the firm has gathered for the DUI defense give us a powerful advantage when our clients are facing such a charge. Attorney Richard Middlebrook at Middlebrook & Associates has years of experience in defending underage drivers charged with DUI. Protect your child's future with a Bakersfield underage DUI lawyer from our experienced legal team.


Contact Middlebrook & Associates today to get started with our Bakersfield underage DUI lawyer.


Why Choose Middlebrook & Associates?

  • 38 Years of Collective Legal Experience
  • Over 250 DUI Trials Handled - With a 97.4% Success Rate
  • Handled More Than 8,500 DMV Hearings in Kern County
  • Expert Member of California DUI Lawyers Association
  • ACS-CHAL Forensic Lawyer - Scientist Designation
  • AV Rated by martindale.com - Leading Authority on Attorney Ratings
  • Teaches Lawyers & Scientists - DUIDLA, American Academy of Forensic Science & American Chemical Society
  • Founding & Board Member - DUI Defense Lawyers Association (DUIDLA)
  • Top 100 Lawyers in America - DUI Defense

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Client Testimonials Hear from Real People Who We've Helped
  • “From the moment you walk into the office the staff is gracious and accommodating.”
    From the moment you walk into the office the staff is gracious and accommodating. They do their best to make you feel like they actually care about you and your case. Mr. Middlebrook is very knowledgeable and takes the time to answer all your questions. If you are looking for a caring, hard working and knowledgeable attorney I would highly recommend The Law Office of Richard O. Middlebrook.
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    You did a great job! We were so impressed and so glad that you really knocked their socks off.
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  • “Mr. Middlebrook is the man to call to help you get out of this situation as smoothly and with the best outcome as possible.”
    Everyone makes mistakes. If one of your mistakes happens to be a DUI, Mr. Middlebrook is the man to call to handle the situation. Mr. Middlebrook did the impossible in my case, and made sure my DUI did not ruin my life and career. His staff is extremely understanding and supportive through the entire process. If you are reading this it means you made the same mistake as so many others, and as so many others have come to realize; Mr. Middlebrook is the man to call to help you get out of this situation as smoothly and with the best outcome as possible. Make sure to learn from your mistakes, but in the time being stop the bleeding and call Mr. Middlebrook.
    - Christian
  • “If I am ever in need of an attorney again, there is no doubt I would hire Mr. Middlebrook's firm.”
    I was arrested for driving under the influence. After meeting with several lawyers, I retained Mr. Middlebrook to represent me. He took the time to listen and his advice and counsel was more than I could have asked for. Not only did he get my case dismissed, his fees were fair too. I have since referred my friend to Mr. Middlebrook and his case was dismissed too. If I am ever in need of an attorney again, there is no doubt I would hire Mr. Middlebrook's firm.
    - J.T.