california zero tolerance: minor dui

drinking & driving under age 21

Under California's zero tolerance laws for minors, a person under 21 years of age is considered to be driving under the influence if they have a blood alcohol content of .01% or above. In most cases where an underage drinking driver produces a BAC of .08% or above, they may be charged as an adult in addition to incurring the zero tolerance penalties.

If the driver's BAC test results measure above .01% but below .05% BAC, the offense will typically be charged as a civil violation. If a minor's BAC measures .05% or more, they will be charged with a criminal offense.

implied consent for minors

Minors in California MUST submit to field sobriety testing upon request by a police officer, as opposed to drivers over 21 years of age. Minors MUST also submit to any type of breath or blood alcohol/drug tests, whether preliminary, or at the station, as opposed to adult drivers over 21, who are only required to submit to chemical testing if taken into custody. Failure or refusal by a minor to submit to a field sobriety and/or chemical test will automatically result in forfeiture of driving privileges for one full year, and possibly result in a forced blood draw by the law enforcement agency's phlebotomist, assisted by officers who restrain the person while the blood sample is collected.

minor DUI license suspension

A minor driver between 18 and 21 old who is found guilty of DUI under California's zero tolerance laws (below .05% BAC) will have his or her driver's license suspended for an added one-year period, in addition to license suspension sanctions they receive for the criminal DUI offense.

A driver under 18 years of age who is convicted of DUI (.01% BAC or above) will incur a one year license revocation period of one year or until they reach 18 years of age, whichever is greater. Minors aged 13-20 to years old who are convicted of any alcohol-related offense, even if not vehicle or driving related, will have their driving privileges delayed for one year.

DUI Vehicle Impoundment for Minors

In California, the judge is authorized to impound and order forfeiture / sale as a nuisance of minor's vehicle, even if the registered owner of the car is not in the vehicle at the time of the zero tolerance violation, if the underage owner's vehicle involved a driver or passenger under 21 in possession of alcohol and / or an open container.