California Zero Tolerance Law provides that a person who is under the age of 21 is not allowed to drive with a BAC of a 0.01% or above. Unlike a DUI offense where a person is “under the influence,” if you are under 21, the zero tolerance statute kicks in.
California Vehicle Code Section 23136 provides: “it is unlawful for a person under the age of 21 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”
DMV and license suspension
If the person who is under 21 tested at a 0.01% or higher, his/her drivers license will be suspended for a year. If the person does not have a license, then there may be a 1 year delay to his/her driving privileges. If you were asked to take a chemical test and refused, then the length of suspension you face is 1-3 years.
Requesting a hearing
You can still request a hearing to fight your license suspension. If you want to do this, you must contest the suspension within 10 days of your arrest. You should hire a local San Diego criminal defense attorney to handle the matter.
Critical Needs License
If you are unsuccessful at the hearing, or missed the deadline to contest the suspension, the driver can still apply for a critical need license after a 30 day suspension. These are not automatically granted, and the driver (and his/her attorney) would need to show that the means of transportation are not adequate and therefore a restricted license is necessary. For example, if a person does not live close to a bus or trolley stop, that may be one factor the court considers
