Under 21 Driving Under the Influence: California Vehicle Code sections 23140 and 23136

There are unique laws regarding driving under the influence (DUI) for people under 21 years of age. For example, if you are 21 or older, the legal limit for DUI is .08% or greater. However, if you are under 21, you can be criminally charged with a DUI for having a blood alcohol level of just .05% or greater (Vehicle Code section 23140). The good news is that this under 21 DUI can be treated as an infraction rather than a misdemeanor. (Infractions involve only fines while misdemeanors include jail time and probation.) The bad news is that even an under 21 DUI (VC 23140) treated as an infraction results in a one year drivers license suspension (see Vehicle Code section 13202.5). (Adult DUI suspensions range from 30 days to 6 months for a first time offender.)

Additionally, if you are under 21 your license can be suspended for a year even if your blood alcohol level is .01% or greater (see Vehicle Code section 23136). This is known as California’s “Zero Tolerance” law that punishes anyone under 21 who drives with any measurable amount of alcohol. However, a person threatened with a VC 23136 license suspension has a right to an administrative hearing with DMV before their license can be suspended.

Also, anyone under 21 whose license is suspended by DMV has a right to apply for a “critical needs” or critical need to drive license. Critical Needs applications can be obtained from DMV and are very complicated. In summary, DMV will only grant the critical need license if the person shows that they have no other means of transportation to either work or school.

If you are under 21 and dealing with a DUI or a drivers license suspension, contact DUI attorney Jonathan Turner. Criminal defense attorney Jonathan Turner can help you avoid jail time, avoid a criminal conviction, and possibly avoid the suspension of your drivers license.