California is known for its tough stance on under age drinking and has a “zero tolerance” policy in effect with regard to underage drinking and driving. In fact, a minor who is convicted of underage DUI in California could face serious criminal penalties. This is because California’s zero tolerance policy makes it illegal for any individual under the age of 21 to have any measurable amount of alcohol in his or her system.
California Vehicle Code Section 23136 states that “any person under the age of 21 years who drives a motor vehicle is deemed to have given his or her consent to a preliminary alcohol screening test or other chemical test for the purpose of determining the presence of alcohol in the person…” In other words, if you are under the age of 21 and suspected of drunk driving, you are obligated by law to participate in a preliminary alcohol screen test or other chemical test. If the under age driver refuses to submit to the test or fails to complete the test, then the driver may be subject to suspension or revocation of his or her driving privileges for a time period from one year to three years.
An individual under the age of 21 who is arrested for drinking and driving and who has a blood-alcohol content of 0.01% will automatically be charged with a DUI. Moreover, minors under the age of 21 who are found to have a blood-alcohol content of 0.05 % or greater can be charged with BOTH underage DUI and regular DUI.
If you or anyone you know has been arrested for DUI, the attorneys at the Bailey Law Corporation can help you protect your rights. Time is of the essence and you need to act quickly to preserve your rights.
The Bailey Law Corporation has offices throughout Southern California: Los Angeles, Beverly Hills, Manhattan Beach, Pasadena, Long Beach, La Mirada, Mission Viejo, Huntington Beach, Newport Beach, San Diego, Riverside.