Juvenile “Zero Tolerance” DUI Law in California: 23136 (VC)

Understanding California’s Juvenile DUI Laws

Under California Vehicle Code section 23136 (VC), anyone under the legal drinking age is not permitted to have a Blood Alcohol Content (BAC) above 0.01%. Because drivers under 21 cannot have any alcohol in their system, this law is known as a “Zero Tolerance” law. “Even doing something as seemingly innocuous as drinking kombucha before driving is enough to put a minor over the legal limit,” explains Liss.

While California Vehicle Code 23136 (VC) is the strictest and best-known DUI law for individuals under 21, other laws also apply to underage drivers. Vehicle Code 23140 (VC) applies when a minor’s BAC is at least 0.05% but less than 0.08%, and imposes more serious penalties. If a minor’s BAC exceeds 0.08%, they face the same charges and penalties as adults under 23152 (VC).

While the charges are the same, the court process will vary dramatically based on whether the individual is under 18 or between 18 and 21.

What Happens After a Minor Is Arrested for DUI

“When someone under 21 is pulled over for suspicion of driving under the influence of alcohol, they have many of the same rights as adult drivers,” explains Liss. “They are not required to provide information other than their identity, insurance information, and vehicle registration.” They are not legally required to (and typically should not):

• Answer other officer questions, including their origin, destination, and whether they have been drinking
• Take a field sobriety test

On the other hand, if they are requested to take a chemical DUI test, they must submit to the test or they will be in violation of the state’s Implied Consent Law. “Those who refuse to take these tests, are subject to an automatic, mandatory driver’s license suspension,” warns Liss. Whereas adults are not required to take Preliminary Alcohol Screening tests (essentially a less sophisticated, hand-held breathalzyer), juveniles are legally required to take these tests or face a license suspension.

Those who fail or refuse a DUI test usually receive a court citation. Arrests are rare. Drivers under 18 will go through juvenile court; those over 18 go to adult court.

In San Diego, DUI cases involving minors under 18 will be handled in the courthouse in Kearny Mesa. For drivers over 18 but not yet 21, these cases can be handled at any courthouse that handles criminal or traffic cases. Peter Liss’ Vista law offices are conveniently located across the street from the North County Courthouse and jail facility.

The only way to fight the immediate one-year license suspension is to request a DMV hearing within ten days of the DUI. A San Diego underage DUI defense attorney can file the paperwork and represent you or your child in the hearing.

Penalties for Juvenile and Underage DUI Convictions

All minors charged with driving under the influence will face a driver’s license suspension. To reinstate their license following the suspension, they must obtain expensive “high-risk” SR-22 insurance.

Other DUI penalties for drivers under 21 vary based on the driver’s BAC. For first offenses, the license suspension period will be based on the defendant’s age:

• Juveniles under 17 will lose their license until they turn 18.
• Drivers over 17 but under 21 are subject to a one-year license suspension.

In cases where the driver’s BAC was between 0.01% and 0.04%, the only sentence is a license suspension. Those with a BAC between 0.05% and 0.07% will have their license suspended, be charged a fine, and be required to attend a DUI program. These offenses are only infractions until the driver’s BAC reaches 0.08%, at which point the crime becomes the same misdemeanor offense as a standard DUI. Here’s what happens if a minor gets a DUI, based on their BAC:

There are some situations where penalties may be increased based on the circumstances of the case. These DUI enhancements include:

• Driving at excessive speeds
• Having a passenger under 18
• Causing a car accident

For more information on potential consequences, visit our DUI penalties page.

Underage Drug DUIs (DUID) in San Diego

Because there is no legal limit when it comes to using marijuana or other drugs, juveniles accused of driving under the influence of drugs will face the same DUI penalties as adults. “If a driver is over 18 or has a medical marijuana license,” says Liss, “this is not a legal defense to driving under the influence of marijuana, and making these statements to a police officer will only be used as evidence against them.”

Always refuse to answer officer questions without an attorney present.

See our drug DUIs page for more information.

Restricted License Options for Drivers Under 21

Adults who receive a DUI can often obtain a restricted driver’s license reasonably easily if they install an ignition interlock device. However, minors rarely qualify for one unless they can show they will face significant hardship from the continued loss of their driver’s license.

For instance, if a 19-year-old is at risk of losing their job and family’s financial stability, or may be forced to discontinue their college education, they may qualify for a restricted driver’s license. However, if they could secure alternative arrangements, such as working or attending school remotely or obtaining similar employment within walking distance, the court is less likely to grant a restricted license.

Even with a legitimate hardship, underage drivers who refused to take a chemical DUI test are ineligible for a restricted driver’s license.

Defenses Against Juvenile DUI Charges

Even when the case is only an infraction under the Zero Tolerance law, it is always worth fighting the charges with the help of an experienced San Diego defense attorney like Peter Liss. Fighting the charges can prevent a license suspension, avoid higher insurance premiums, and keep a prior offense from appearing on the minor’s DMV and criminal record. There are many defenses to the charges, but some of the best options for underage DUI cases include:

• Fighting the DUI Test Results: Because the BAC limit for minors plays such an essential role in Zero Tolerance law charges, even arguing that the results are slightly lower could significantly reduce the potential penalties.
• Arguing the Police Violated the Law: When officers lack reasonable suspicion for a traffic stop or otherwise violate a suspect’s rights, the resulting evidence may be suppressed.
• Questioning the qualifications of Drug Recognition Experts in Drug-Related DUIs
• Negotiating a Plea Bargain: Pleading the offense down to a lesser charge can significantly reduce sentencing.
• Filing a Motion for Informal Supervision: Similar to an adult diversion program, this option keeps the charge off of the minor’s criminal record after probation has been completed. It does not prevent a license suspension.

Find out more options for fighting underage DUI charges on our drunk driving defense page.

Long-Term, Non-Criminal Consequences

An underage DUI conviction may have other consequences besides those imposed by the law. While it is still possible to apply for federal financial aid programs with a DUI on your record (though felony offenses may limit your options), many private scholarships automatically reject applicants with criminal backgrounds.

Beyond that, many colleges and high schools expel or suspend students for violating their behavioral codes.

While employers are not permitted to blanketly reject job applicants based on previous criminal offenses, they can refuse to hire those convicted of offenses relevant to the position at hand. For example, anyone with a DUI on their record cannot drive for Uber or Lyft.

Likewise, those wishing to join the military with a DUI on their record will first need to obtain a waiver.

Underage DUI Record Sealing and Expungement

Most juvenile DUI records are automatically sealed or expunged once probation is completed. However, DMV driving records remain accessible for 10 years and may count as prior offenses in future DUI cases.

Other Alcohol-Related Charges for Juveniles

DUI charges are not the only way minors can have their driver’s license suspended. Those under 21 can also lose their driver’s license for drinking and biking, being in possession of alcohol, or having an open alcoholic container in their vehicle. Multiple charges may be filed together.

How a Vista Juvenile DUI Lawyer Can Help

The consequences for these offenses are substantial. If you or your teen has been accused of driving under the influence in San Diego, contact a skilled underage DUI defense attorney as soon as possible. Lawyer Peter Liss has years of experience working in the local juvenile court system and has good relationships with local police, prosecutors, and judges.

Schedule a free consultation to start building your case by calling (760) 643-4050.