Sections §§ 23136 and 23140 of the California Vehicle Code dictate
what happens when a person under the age of 21 is
arrested for DUI. These sections do not preclude prosecution under standard DUI procedures.
California has a “zero tolerance” law that is intended to prevent
underage drivers from driving a motor vehicle if they have any alcohol
in their blood. Section 23136 of the Vehicle Code makes it unlawful for
a person under the age of 21 to drive with a BAC of 0.01 or higher.
If are stopped by an officer while you are driving and they ask you to
take a preliminary breath test, your license can be suspended for one
year if the result is 0.01 or higher or if you refuse to take the test.
If the result of your breath test is at least 0.01 but less than 0.05,
that suspension will be the only penalty for your violation.
What Happens If I Lose My License?
If you do end up losing your license for
underage DUI, our skilled team of attorneys can help you obtain a "restricted
hardship license" for the period of your suspension. This is a special
type of license that will allow you to drive to work, school, or a family
business if no other transportation is available.
There are several defenses you can use if you are arrested under the Zero
Tolerance laws. These defenses include, but are not limited to the following:
- The officer did not have legal justification for stopping you
- The officer had no legal justification for asking you to submit to a test
- The officer did not adhere to proper procedures under the law
Police officers are required by law to inform a person under 21 that their
failure to submit to, or their failure to complete, a preliminary alcohol
screening test or other chemical test as requested will result in the
suspension or revocation of their privilege to operate a motor vehicle
for one to three years.
If you are under the age of 21 and you are arrested for DUI, you need to
immediately consult with a lawyer. You have 10 calendar days to request
a hearing with the DMV or your license will automatically be suspended
for one year. Our team of attorneys will advise you on how to handle your
case and we will ensure that your rights are protected every step of the way.
Call (888) 865-0741 to discuss your case with one of our Dublin DUI lawyers today.