The APS (Administrative Per Se) Zero Tolerance Law was enacted in 1994 in order to strongly deter drunk driving among those under 21 years of age. According to this law, the California Department of Motor Vehicles must suspend or take away a violator’s driving privileges if he or she either refuses to submit a PAS (preliminary alcohol screening) test or tests a BAC (blood alcohol concentration) level of 0.01% or more.
Upon being arrested for a DUI as someone under 21, the police officer will confiscate your driving license in order for your driving privileges to be suspended or revoked following the Vehicle Code sections 23136, 13353.1, 13388, and 13392. However, before your suspension starts, the police officer will issue you or the DMV will send you via mail a Suspension/Revocation Order that is a Temporary License for a thirty-day duration. At the end of these thirty days, your driving privileges are officially prohibited, which means that you are legally unable to drive and will be prosecuted heavily if you decide differently. It is important to note that a temporary license may be able to obtained depending on the specific situation.
A BAC level of 0.01-0.04% while under 21:
A BAC level of 0.05%-0.07% while under the legal drinking age:
Being under the legal age for consuming alcohol with a blood alcohol concentration level of 0.05%-0.07% means that you will face a civil and criminal penalty. You will be charged with a misdemeanor under California Vehicle Code 23140 while still facing the civil penalty charges.
A BAC level of 0.08% or above while under 21:
Even though the penalties of each case are contingent upon the uniqueness of the case, the penalties of a DUI with a BAC level of 0.08% or above usually applies to everyone regardless if someone is under 21 years of age. The civil penalties still apply while the criminal penalties become more severe.
If alcohol is found within the car upon the time of the DUI charge, you will face these additional consequences.
While the repercussions of a 1st offense DUI primarily deal with the loss of driving privileges, the serving time in jail and in alcohol betterment course, and the paying of outstanding fees, a DUI may also affect school and future employment opportunities. The main adversity that all DUI offenders must face is the declaring of one’s DUI conviction on a college and employment application. One must report his or her driving offense under the section labeled criminal history. Declaring that you have driven under the influence may thwart an opportunity at receiving a good education or a good job in the future, especially when today’s universities and vocations are getting even more competitive.
A private high school or a private university may even damage a student’s current academic career or even suspend him or her for the incurred DUI. For instance, the prestigious Stanford University carries out this practice and justifies it as being in violation of Stanford’s Honor Code. If such an offense were made on Stanford’s campus, a student would have to be automatically referred to the Office of Community Standards to hinder one’s permanent academic record. This is just one of the many private institutions that have their own rules and pejorative responses to drinking and driving.
As mentioned before, an underage driver who tests a BAC level of 0.01% or above is in violation of the Zero-Tolerance Law. Such a violation or refusal to take the PAS test will charge an individual with a DUI that could incriminate his or her current opportunities but also and more importantly his or her future ones. One’s only real hope at readdressing the situation and arguing one’s innocence is through a highly-trained DUI Defense attorney. Good representation is the difference in many driving under the influence cases where the offender is actually innocent of a civil or criminal defense. An attorney with a proven-success record knows how to analyze the data and assess if the police officer on duty was following correct protocol and treated the alleged offender fairly.
A 1st offense DUI conviction can happen in a short time-span, but its negative effects are everlasting and damaging on one’s career goals and pursuits. Hiring an experienced lawyer is the only way to ensure that your case is handled fairly. Those facing charges in Riverside County, Los Angeles County, Orange County, or San Diego County are encouraged to contact our law office for a free confidential case evaluation. Call (888) 250-2865 to get help today.