|Our last blog examined the Zero Tolerance Law in California. Any driver under the age of 21 can face license suspension with a BAC (Blood Alcohol Concentration) of .01%. The first offense is treated as a civil offense and requires a DMV hearing.
If you are under 21 and are caught driving with a BAC of 0.05% - 0.07%, it is considered an infraction. If convicted, as a minor you will not be sent to jail. Your license will be suspended for a year and points will be added to your record for insurance purposes. You may have to attend an alcohol program and fines will be imposed.
The California Vehicle Code Section 23140 states
(a) It is unlawful for a person under the age of 21 years who has 0.05 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.
(b) A person may be found to be in violation of subdivision (a) if the person was, at the time of driving, under the age of 21 years and under the influence of, or affected by, an alcoholic beverage regardless of whether a chemical test was made to determine that person's blood-alcohol concentration and if the trier of fact finds that the person had consumed an alcoholic beverage and was driving a vehicle while having a concentration of 0.05 percent or more, by weight, of alcohol in his or her blood.
(c) Notwithstanding any provision of law to the contrary, upon a finding that a person has violated this section, the clerk of the court shall prepare within 10 days after the finding and immediately forward to the department an abstract of the record of the court in which the finding is made. That abstract shall be a public record and available for public inspection in the same manner as other records reported under Section 1803.
What are the Fines for a violation of California Vehicle Code Section 23140?
- A first conviction carries a $100 penalty
- A second conviction within a one-year period carries a $200 penalty, and
- A third conviction within one year carries a $300 penalty.
What if my BAC is .08% or higher?
If you’re under 21 and are driving with a BAC of 0.08% or greater, you may be found guilty of a California misdemeanor DUI. If you are convicted, you will also be convicted of and sentenced for the infraction outlined above and the Zero Tolerance civil offense.
If there was alcohol found in your system while driving and you are under the age of 21, it is imperative that you consult with a DUI lawyer as soon as possible so you can do everything possible to minimize the potential penalties you face.
We can help you find an attorney who can give you the legal counsel you need. JDFinder.com is a free California legal matching service that will match you to attorneys in your area who specialize in California "under 21 DUI" law. Simply fill out the secure on-line form below and then choose from the attorneys we match to your specific need. Try our service today and you will find how we can save you time and money searching for the right attorney.
This article is for educational and marketing purposes only. It does not create an attorney-client relationship