California's Underage DUI "Zero-Tolerance" Law - Vehicle Code 23136 VC
California is renowned for its uncompromising stance on driving under the influence (DUI), especially for underage drivers. The state's "Zero-Tolerance'" law, enshrined in Vehicle Code 23136 VC, is a stark reminder that any amount of alcohol consumption by drivers under 21 is strictly prohibited.
If you're under 21 and cited under this law, the potential consequence is a harsh one-year suspension of your license unless you successfully contest the citation.
VC 23136 is California's uncompromising stance on underage drinking and driving. You can breach this law if you're under 21 and drive with any detectable alcohol in your system. There's no room for impairment or 'under the influence' excuses.
This law was enacted by the California Legislature in 1994 in response to the increasing problem of underage drinking and driving.
Vehicle Code 23136 makes it unlawful for anyone under 21 to drive with a blood alcohol content (BAC) of .01% or greater after consuming an alcoholic beverage, as measured by a preliminary alcohol screening (PAS) test or other chemical test.
A PAS is a roadside test given on a handheld breathalyzer or similar device. It is typically optional for drivers 21 and over. However, in California, drivers under 21 are deemed to have given their consent to a PAS test if they are suspected of drinking and driving.
Notably, even a small amount of alcohol can raise your BAC to .01% quickly. Under VC 23136, an "alcoholic beverage" applies to alcohol from any source, not just alcoholic drinks.
VC 23136 says, "(a) Notwithstanding Sections 23152 and 23153, 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. However, this section shall not be a bar to prosecution under Section 23152 or 23153 or any other provision of law."
Blood alcohol concentration (BAC) measures the amount of alcohol in a person's bloodstream. Many factors can affect BAC levels, including the number of drinks consumed, how quickly they are consumed, and the strength and size of the drink.
California's Tougher Enforcements on Underage Drivers
California law places additional restrictions and oversight on California drivers until they reach age 21, and VC 23136 is part of that enforcement. The two key things for underage drivers to remember are:
- The BAC "legal limit" for underage drivers is reduced from 0.08 to 0.01. Under the Zero-Tolerance law, it is illegal for drivers under the age of 21 to operate a vehicle with any detectable amount of alcohol in their system (BAC 0.01 or higher). It takes very little alcohol to get a person to a BAC of 0.01; even a dose of cough syrup or certain homeopathic medicines can get you over that threshold.
- Underage drivers don't have the right to refuse a PAS breathalyzer test. While adult drivers can refuse to be tested for DUI until they are arrested, the law states that when you are under 21 and receive a license, you have implicitly agreed to take the PAS test if an officer pulls you over and asks you to take it. If you refuse, you can automatically have your license suspended.
What Are Related Crimes?
- Vehicle Code 23152 VC - DUI. This standard law for adults, regardless of age, can be filed if your driving ability is impaired due to alcohol or drugs or you drive with a BAC of .08% or higher. This misdemeanor carries a suspension of your driver's license, three to five years of informal probation, fines of $390 to $1,000, a three to nine-month alcohol or drug education program, and up to six months in county jail.
- Vehicle Code 23140 VC - Underage DUI with a BAC of .05 or above. This law makes it an infraction for anyone under 21 to drive with a BAC of .05% or higher. If you are arrested, your BAC will usually be confirmed by a DUI post-arrest chemical test, either a breath test or a blood test. This infraction carries a one-year suspension of your driver's license for a first offense, a fine of $100, and a mandatory alcohol education program of three months or longer if you are over 18 years old.
- Vehicle Code 23224 VC - Underage possession of alcohol in a vehicle. This law prohibits anyone under 21 from carrying alcohol inside a vehicle unless the container is full, sealed, and unopened, and they are accompanied by an adult, or carrying it is part of their job working for someone with a legitimate liquor license. This misdemeanor carries impoundment of your vehicle for up to 30 days, a fine of up to $1,000, and A one-year suspension of your driver's license.
What Are the Penalties for Violating the Zero-Tolerance Law?
Violating VC 23136 is classified as a civil offense rather than a criminal one. In simple terms, a civil offense is a non-criminal act that usually results in a fine or penalty. In contrast, a criminal offense can lead to more severe consequences, such as imprisonment. However, the penalties for violating the Zero-Tolerance law can still have long-lasting consequences.
The only penalty for violating the Zero-Tolerance law is an automatic one-year suspension of your driver's license and possible full revocation of your license for subsequent offenses..
If you are caught driving with a BAC of 0.01% or higher, the arresting officer will confiscate your driver's license on the spot and issue a temporary license valid for 30 days. During this period, you have the opportunity to contest the citation.
To do so, you must file your intent to contest it within ten days of receiving the citation. This involves submitting a written request for a hearing to the Department of Motor Vehicles (DMV). If you fail to file this request within the specified time, the suspension will automatically go into effect.
We should also note that while VC 23136 is not a criminal offense if your BAC is 0.08% or higher, you could still face DUI charges. Depending on the severity of the situation and whether it's a first-time or repeat offense, these could include fines, probation, mandatory alcohol education programs, and potentially jail time.
Can You Get a Restricted Hardship License?
For many young drivers, losing the ability to drive for a year can be particularly disruptive, especially if they need to drive to work, school, or medical appointments.
California law recognizes this and provides a potential option: the restricted hardship license. This license allows you to drive to and from work, school, and necessary medical appointments during the period of your suspension. To obtain this license, you must apply to the DMV and meet certain eligibility criteria.
To qualify for a restricted hardship license, you must meet the following criteria:
- You must have a vehicle for a legitimate purpose (e.g., travel to and from school, work, or due to family illness, etc.)
- The DMV determines that other transportation options are inadequate for your needs
- You did not refuse to take the preliminary alcohol screening (PAS) or any other chemical test. Remember, underage drivers don't have the right to refuse this test. If you refuse it, you are automatically ineligible for a restricted hardship license.
Even if you qualify, you will still need to serve a mandatory 30-day suspension before the restricted hardship license is issued. During this period, you cannot drive under any circumstances.
How Can You Contest a VC 23136 Citation?
If you're cited for a violation under VC 23136, you do have the right to contest the citation before your license is officially suspended. However, you must do so within ten days of receiving the citation, or your license will automatically be suspended 30 days after the citation.
Once you contest the citation, you will be scheduled to attend a hearing to show cause why your license should not be suspended. During the hearing, it will be up to you to prove that one or more of the following occurred:
- The arresting officer did not have probable cause to stop you.
- You were not driving a motor vehicle.
- You did not have a blood-alcohol content of 0.01% or higher at the time of the test.
- You were not properly advised of your obligation to take the PAS test.
For the best odds of success, it's highly advised to retain an attorney to represent you in challenging your VC 23136 violation. A knowledgeable lawyer will know best how to make the arguments and present evidence that exonerates you.
If your license is ultimately suspended, your attorney can also help you in qualifying for a restricted license if you are eligible. And if you're charged with DUI on top of the violation, your attorney can defend your case and work for your acquittal or to get the charges dismissed.
Contact our criminal defense law firm for additional information. Eisner Gorin LLP is based in Los Angeles, CA.
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