What is the California Zero Tolerance Law for Underage DUI?

October 26, 2011

California Underage DUIFor those under the legal drinking age of 21 years old in California, it's crucial to understand the state's law on underage alcohol consumption and driving. Like others states, California has what's referred to as a "Zero Tolerance" law, which can be interpreted literally to mean that any evidence of alcohol consumption in any quantity by underage drivers is punishable by law.

Under the California Vehicle Code 23136, if an individual under the age of 21 is found with a blood alcohol level of 0.01 percent or above while driving, he or she may be charged with either a civil or criminal offense. If an individual is under 21 and accused by the police of having consumed alcohol in the state of California, he or she is required by law to take a:

  1. Preliminary Alcohol Screening Test (PAS), and

  2. any other tests required by law enforcement involving breath, urine, or blood to determine BAC.

Punishment for having an underage BAC of 0.01 percent or greater can include:
  1. a suspended driver's license for one year,

  2. a denial of a driver's license for one year if the individual doesn't yet have one, and

  3. one to three year driver's license suspensions if there are repeat offenses involved.

The nature of the California DUI offense is determined by the individual's determined BAC percentage. Nevertheless, the defendant has the right to legal representation. If you've been charged with underage DUI in the Santa Clarita area, contact the Law Office of Daniel Kann to make sure your case is handled properly and you receive the aggressive defense that you deserve. Call a skilled Santa Clarita drunk driving lawyer today at (661) 450-9678 for a free case review.

Sources: http://www.dmv.ca.gov/pubs/vctop/d11/vc23136.htm; http://dmv.ca.gov/pubs/vctop/d11_5/vc23612.htm