What is California’s Zero Tolerance Law?

Underage Drunk Driving Charges in California

 

Under California law, it is illegal for a person over the age of 21 to drive while under the influence of alcohol or with a blood alcohol concentration (BAC) of 0.08 percent or higher. But what happens when the person is under 21?

A person under the age of 21 can be charged with violating Vehicle Code section 23152 and 23153. Vehicle Code section 23152 (a) states that it is unlawful for a person to drive under the influence of any alcoholic beverage. Vehicle Code section 23152 (b) states that it is unlawful for a person to drive with a blood alcohol concentration of 0.08 percent or more. Both of these violations can be committed by someone who is under the age of 21. 

However, a person under the age of 21 can still be charged with driving under the influence even if they have a blood alcohol concentration less than 0.08 percent under California’s zero-tolerance law. Pursuant to Vehicle Code Section 23136, it is unlawful for a person who is under the age of 21 to drive with a blood alcohol concentration of 0.01 percent or greater as measured by a preliminary alcohol screening test or other chemical test.

Furthermore, a person under the age of 21 must consent to a preliminary alcohol screening test according to Vehicle Code Section 23136(c)(1). 

If you are facing criminal drunk driving cases, whether you are under 21 or not, you should always consult an attorney. If you have an unhealthy relationship with alcohol or are looking to quit drinking, there are options for treatment.