Los Angeles County Criminal Lawyer Blog

For 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.

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

No parent ever wants to get that call where they find out their child has been arrested for underage drunk driving, but this does happen. Now what do you do?

First of all, stay calm and as positive as you can. If you're reading this, you realize that it's important to be proactive and search for information that will be helpful during this challenging time. You are probably worried about how a DUI will affect your child, especially since they are under the age of 21, and you may even be upset with them. However, just because they were arrested for driving while under the influence of alcohol does not mean that they were in fact "under the influence."

The Zero Tolerance Law in California is tough to beat, but this doesn't mean you should back down without a fight. It is crucial to ensure that your child's rights are protected and that any violations of their rights are presented to the court in an effective way to get charges reduced or even dismissed altogether.

The California Vehicle Code (CVC) §23136, PAS Persons Under 21: Preliminary Screening Device created stricter Zero Tolerance requirements and penalties for drivers under 21 years of age. Under this law, the Department of Motor Vehicles (DMV) must suspend or revoke the driving privilege of any individual under age 21 who is arrested or held in police custody for driving under the influence (DUI) of alcohol, or alcohol and drugs. This applies to those who either take a Preliminary Alcohol Screening (PAS) test, chemical test (blood or breath test) with a BAC level of 0.01% or more, or those who decide not to take or fail to finish a PAS or other chemical test. This is only the beginning of the potential repercussions of a drunk driving arrest for underage individuals.

For more information about what you can do to help your child after their DUI arrest, get in touch with Santa Clarita underage DUI lawyer Daniel Kann. As an attorney who has handled thousands of criminal defense cases, Mr. Kann knows what it takes to obtain a successful case result. Call 888-744-7730 for a free and confidential consultation today.