Among all U.S. states, California leads in strict regulations regarding underage drivers and alcohol. California Zero Tolerance Law leaves no room for compromise when it comes to drivers under 21 – even the minimum amount of alcohol is considered a violation of the law.
What Is Zero Tolerance Law
According to California Vehicle Code 23136 drivers under the age of 21 are subject to special rules regarding blood alcohol concentration (BAC). While for adult drivers the allowable limit is 0.08%, for minor drivers the limit is only 0.01%. Practically speaking this means that even the smallest amount of alcohol can lead to serious legal consequences.
Preliminary Alcohol Screening (PAS Test)
When a police officer stops an underage driver on suspicion of being under the influence of alcohol, he or she may request a Preliminary Alcohol Screening. Unlike adult drivers, minors do not have the right to refuse this test without legal consequences.
Consequences for Underage Drivers Under the Influence of Alcohol
1. Suspension of Driving License
If a Preliminary Alcohol Screening (PAS) or other chemical test shows that a minor driver has a BAC of 0.01% or higher, the driver’s license may be suspended for up to a year.
2. Penalties and Mandatory Education Programs
In addition to driving license suspension, underage drivers must attend the Mandatory Alcohol Education Program to understand the risks of driving under the influence of alcohol.
3. Potential Criminal Consequences
In the case of a higher blood alcohol level (BAC of 0.05% or higher), the underage driver may face additional charges, including misdemeanor penalties, and even felony charges in the case of returnees.
4. Restricted License
After a suspension, a driver may apply for a limited license to drive only for certain purposes, such as going to school or to work.
5. The Ignition Interlock Device
In certain cases, a court may order the installation of a spark-blocking device, which prevents the vehicle from starting if it detects alcohol in the driver’s breath.
Influence on Driver’s License and Driving Privileges
Underage drivers who violate the zero-tolerance law face:
- Temporary license: After a DUI arrest, the police may issue a temporary license valid for 30 days.
- Long-term suspension: The duration of the suspension depends on the level of BAC and previous offenses.
Insurance Consequences
One of the greatest long-term effects of drunk driving for underage drivers is a significant increase in insurance premiums. Insurance companies often classify underage drivers with DUI offenses as high-risk, resulting in higher insurance costs and potential problems in future insurance contracts.
Legal Consequences and Penalties
Underage drivers caught driving under the influence of alcohol face serious legal consequences, including:
- A criminal record that can affect the future.
- Increased insurance premiums.
- Mandatory educational and rehabilitation programs.
How Can the Bojat Law Group Help
Our team of experienced lawyers has many years of experience representing underage drivers and their families in cases involving driving under the influence of alcohol. We assist clients in:
- Analysis of evidence, including PAS and chemical tests.
- Negotiating with the courts and insurance companies.
- Ensuring the best outcome for the client.
Our dui accident lawyer Sasha Bojat is specialized in dealing with drunk driving cases with and has many years of experience in representing clients in court. Do not hesitate to contact him at (818) 877-4878.
Key Tips for Underage Drivers
- Avoid drinking alcohol before driving: Even the smallest amount of alcohol can get you into legal trouble.
- Know your rights: Always seek legal help if you are stopped by the police.
- Hire an experienced lawyer: Proper legal representation is key to protecting your rights.
Call Bojat Law Group for a Free Consultation
California’s zero-tolerance laws for underage drivers under the influence of alcohol are strict, but serve as a reminder of the importance of road safety. If you or your child are facing legal consequences for driving under the influence of alcohol, the Bojat Law Group is here to provide support and legal representation.
Contact us today to help you protect your rights and your future. Our team specializes in alcohol-related cases, including injuries in drunk-driving accidents. If you need a drunk driving accident lawyer, contact us immediately for consultations.
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