Under 21 Offenses
Drinking and driving under 21
The legal Blood Alcohol Content (BAC) for under 21 drivers is also much stricter, ranging between .01% to .05% as opposed to .08% for adults, depending on the circumstances on how the blood alcohol level was taken. Penalties range from immediate suspension of driving privileges for several months up to one year if convicted.
0.01 % OR GREATER
California Vehicle Code §23136 states; notwithstanding Sections 23152 (DUI) and 23153 (Felony DUI), 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. Section §23136 shall not be a bar to prosecution under Section 23152 (DUI) or 23153 (Felony DUI) or any other provision of law.
Under §23136 a person shall be found to be in violation of if the person was, at the time of driving, under the age of 21 years, and the court finds that the person had consumed an alcoholic beverage and was driving a vehicle with a blood-alcohol concentration of 0.01 percent or greater.
Also, 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, if lawfully detained.
The testing shall be incidental to a lawful detention and administered at the direction of a peace officer having reasonable cause to believe the person was driving a motor vehicle in violation of §23136 . Failure to submit to or the failure to complete, a preliminary alcohol screening test or other chemical test as requested will result in the suspension or revocation of the person’s privilege to operate a motor vehicle for a period of one year to three years.
.05% OR GREATER
California Vehicle Code §23140 states; 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.
California Vehicle Code §13353.2(a) (2) provides the department (DMV) shall immediately suspend the privilege of a person to operate a motor vehicle for a person under 21 years of age and had a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test, or other chemical test.
California Vehicle Code §13353.2(c) (1) provides after a court has issued an order suspending or delaying driving privileges, the court, upon petition of the person affected, may review the order and may impose restrictions on the person’s privilege to drive based upon a showing of a “critical need to drive”
What chance do I have to win?
I’m underage, was drinking, driving, and now I’ve been arrested. What chance do i have to win?
This is a common question which so many underage drivers have. You have the legal right to a proper defense and you have every chance of winning your case. However, you must be aware that the penalties for driving under the influence when you are under 21 years of age are more severe.
There is no doubt that a DUI charge for someone under the age of 21 is a serious matter. Sometimes the evidence can “seem” overwhelming. That is even more reason to retain a competent and knowledgeable DUI defense attorney, one who is dedicated strictly to DUI defense in order to make sure that every possible issue and defense is explored.