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
  • “Very knowledgeable and friendly,”
    Called them about a DUI. It was my first and I was just gonna plead no contest. They got they entire case dismissed! I can say it's worth it to at the very least call and see what the lawyers here can do for you. Very knowledgeable, friendly, and they keep you in the loop every step of the way. I am a more than satisfied customer. I couldn't have had a better experience.
    - Matthew W.
  • “Richard provided very knowledgeable advice and counsel, and, in fact, every court action played out exactly as he anticipated.”
    Of course he knew the law and the precedents, but more importantly he knows the court, the judges and commissioners, and the other attorneys involved. His greatest value was in knowing how this particular court (Kern County Superior Court - family law division) works, the main players involved, and anticipating each player's actions and responses. No one can tell you for sure what will happen in court, but Richard provided very knowledgeable advice and counsel, and, in fact, every court action played out exactly as he anticipated. He was a little more expensive (in terms of hourly rate) than the other attorneys I interviewed, but he was worth it because he got me exactly what I wanted.
    - Katie T.
  • “They gave me peace of mind.”
    I am deeply appreciative of the staff at Middlebrook & Associates for their help with my case. They handled everything remotely, provided consistent updates, and significantly reduced the charges. The team is caring and professional. Highly recommend them to ease your worries and achieve the best outcome.
    - Former Client
  • “No words to describe the teams professionalism”
    I was arrested for a first time DUI on December of 2015. I went to Mr. Middlebrooks's office the very next day and explained my case. He gave me a step by step overview of what is going to happen. It would be a shame on my part if I didn't review his teams work for me. I was updated promptly and they basically took over the entire area and only called me once or twice where I was actually needed with my case. After 6 months of deliberation, he managed to get my case thrown out due to technicalities and all charges were dropped against me. My greatest gratitude goes to his entire team. I've had sleepless nights over my arrest and how my future was going to be permanently affected if I had been convicted. After researching, I noted that he actually charges a bit more than the average for a DUI attorney in town, but I have absolutely no regrets whatsoever with his service and I would not hold back from recommending his office to anyone. I truly appreciate his teams commitment to quality of work they have done.
    - Gabriel