Being charged with a DUI can yield significant consequences, especially for drivers under the legal drinking age of 21. If you were found in violation of one of California’s underage drunk driving laws, it is imperative that you understand your rights and legal options. Consult with a Tehama County DUI lawyer for more information today.
California Underage Drunk Driving Laws
California state law enforces two main regulations relevant to underage individuals driving under the influence. One of the most important underage drunk driving laws is enshrined in California Vehicle Code 23136, commonly referred to as CA’s zero tolerance law. This statute states “It is unlawful for a person under the age of 21 years who has a blood alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test, to drive a vehicle.”
Under this law, any amount of detectable alcohol in a person’s system is illegal when the driver is under the legal drinking age. The driver does not need to be intoxicated or even impaired to be found guilty.
The other notable law is California Vehicle Code 23140. This regulation discusses drivers under the age of 21 who have a BAC of .05% or greater. Under this law “It is unlawful for a person under the age of 21 years who has 0.05 percent or more, by weight, or alcohol in his or her blood to drive a vehicle.”
What Happens if I Get a DUI Under the Age of 21 in CA?
If you are found in violation of either the zero-tolerance under-21 DUI law or the underage DUI with a BAC of .05 or higher law, you could face a variety of legal repercussions.
The only penalty for violating the zero-tolerance law is a license suspension or revocation, generally for one year. Your license will be taken by the police and sent to the DMV after you are cited for violating VC 23136. You will then be issued a temporary license which is valid for 30 days, after which your suspension or revocation will go into effect unless you request a hearing to contest it within 10 days of your citation. If you do not have a license when you are charged, you could receive a one-year delay in obtaining your driver’s license.
If you are found in violation of VC 23140, you will face additional penalties. While you will still be subject to a one-year license suspension, you can also face fines of up to $100 and required attendance in an alcohol education program for three months or longer. It is important to note that these consequences are for first-time offenders. Second or subsequent offenses will result in longer penalties and higher fines.
To learn more about your rights and potential consequences after an underage DUI, contact a skilled attorney at Cohen Criminal Law today.
