The state of California views driving as a privilege and uses access to this privilege as a punishment if a minor violates certain laws. This is particularly true when it comes to offenses involving alcohol, drugs, and reckless behavior. The state imposes severe penalties on individuals under 21 who violate these laws, including driver’s license suspension. Understanding these regulations is essential for young drivers to avoid serious legal consequences that could result in a delay in obtaining their driving privileges, or losing them.
If the person has not yet obtained their driver’s license, a conviction of any of these offenses will result in a one-year delay in their ability to obtain a driver’s license.
Zero-Tolerance Policy for Underage Drinking and Driving
California has a zero-tolerance policy for underage drinking and driving. Under Vehicle Code section 23136, any driver under 21 caught operating a vehicle with a blood alcohol concentration (BAC) of 0.01% or higher will face an automatic one-year driver’s license suspension. The policy is intended to discourage underage drinking and ensure road safety by eliminating impaired driving at any level. Even a small amount of alcohol detected in a young driver’s system can lead to immediate administrative penalties.
Underage DUI with a BAC of 0.05% or Higher
For individuals under 21, a BAC of 0.05% or higher leads to more severe penalties under Vehicle Code section 23140, if no signs of impairment, or Vehicle Code section 23152(a) if actually impaired.
Vehicle Code section 23140 is an infraction and would not lead to a criminal record. The penalties include a one-year driver’s license suspension, fines, and mandatory alcohol education programs. Again, this law applies even if the driver does not exhibit signs of impairment but has consumed enough alcohol to meet the threshold.
Vehicle Code section 23152(a) is a misdemeanor charge, which can be filed against an under-21 driver regardless of BAC if the state can prove the driver was impaired. A conviction under this statute results in criminal penalties, including potential jail time, fines, probation, and a one-year driver’s license suspension.
DUI with a BAC of 0.08% or Higher
Under Vehicle Code section 23152, an individual under 21 can also face charges for driving under the influence if their BAC is 0.08% or higher—the same legal limit applied to adults. A conviction under this statute results in criminal penalties, including potential jail time, fines, probation, and a one-year driver’s license suspension. This is true also for other DUI related crimes, such as a DUI resulting in the injury or death of another.
Reckless Driving and “Wet Reckless” Charges
A DUI misdemeanor charge can be reduced through negotiation to a conviction under Vehicle Code sections 23103 or 23103.5, commonly known as a wet reckless (reckless driving involving alcohol). While this conviction is less serious than a DUI conviction, the driver will normally receive aa one-year license suspension from the DMV based on the arrest for any DUI-related offense (infraction or misdemeanor).
Refusing a Chemical Test
Under California’s implied consent law, a person under the age of 21 is required to submit to a Preliminary Alcohol Screening (PAS) test. An underage driver who refuses a PAS test or any other chemical test will lose their driving privilege for at least one year. (An adult suspected of driving under the influence of alcohol is not required to submit to a PAS Test). For the under-21 driver, refusing chemical testing results in immediate administrative penalties, regardless of whether the driver is ultimately convicted of DUI or even charged with that offense.
Possession of Alcohol in a Vehicle
Possession of alcohol in a vehicle by an individual under 21 is illegal under Vehicle Code section 23224. If a minor is caught transporting alcohol without a legal guardian or an employer’s authorization, they can face a one-year driver’s license suspension, fines up to $1,000, and possible vehicle impoundment for up to 30 days.
Possession of Alcohol in Public
Business and professions Code section 25662 makes it illegal for a person under 21 to possess alcohol in a public place. The conviction of this offense will result in a one-year suspension of the minor’s driving privileges.
Drug-Related Offenses Leading to License Suspension
Under Vehicle Code section 13202.5, a conviction for any drug-related offense can result in a one-year driver’s license suspension, even if the offense does not involve driving. California enforces this policy to deter drug use among minors and encourage responsible behavior. This law applies to convictions for drug possession, distribution, or use.
Vandalism Convictions and License Suspension
Under Penal Code section 594, individuals between the ages of 13 and 21 convicted of vandalism may face a driver’s license suspension of up to two years. If the offender has not yet obtained a driver’s license, the court may delay its issuance for up to three years. This provision is part of California’s broader approach to deterring vandalism and property crimes among young individuals.
Public Intoxication Penalties
Public intoxication, under Penal Code section 647(f), can also lead to a one-year license suspension if the individual is convicted. This law is designed to discourage alcohol consumption among minors and prevent disruptive or dangerous behavior in public spaces.
Prostitution-Related Offenses and License Suspension
Engaging in or soliciting prostitution can result in a license suspension of up to 30 days if a vehicle was used in the commission of the offense within 1,000 feet of a residence, as outlined in Penal Code section 647(b).
Lewd Conduct in Public
Under Penal Code section 647(a), individuals convicted of engaging in lewd or lascivious acts in public may face a driver’s license suspension of up to 30 days, particularly if a vehicle was involved.
Driving on a Suspended License Due to a Prior DUI
Driving on a suspended license due to a prior DUI or other offenses carries severe legal consequences. Under Vehicle Code 14601.1, individuals caught driving with a suspended license may face additional penalties, including fines, extended suspension periods, and potential jail time. These penalties reinforce the seriousness of obeying suspension orders and ensuring compliance with California’s licensing laws.
Speeding over 100 MPH
A conviction for driving at a speed of 100 miles per hour or higher may result in the suspension of your driving privilege for 30 days or longer. This law applies to all drivers regardless of their age.
Obtaining a Critical Needs License
In some circumstances a person under 21 whose license was suspended may be able to obtain a critical needs license from the DMV which will allow them to drive to and from work and to and from school while their license would be suspended. This license is issued at the discretion of the DMV and requires proof that public transportation is not available to the minor.
The Importance of Legal Representation
California enforces strict penalties for underage drivers who commit offenses involving alcohol, drugs, vandalism, and reckless behavior. Individuals facing license suspension should seek legal representation from The Meehan Law Firm to understand their rights and explore potential defenses. Attorney Michael Meehan provides experienced guidance on how to mitigate penalties, challenge license suspensions, and restore driving privileges.
Michael T. Meehan
Michael T. Meehan, founder of The Meehan Law Firm, brings over 25 years of exceptional criminal defense experience. A former sheriff and prosecutor, he is renowned for his tenacious pursuit of justice in even the most complex cases. Michael's unwavering dedication to his clients has earned him a reputation as a trusted and skilled advocate. Outside the courtroom, he is a devoted father to quadruplets, balancing family life with his passion for delivering justice and protecting his clients' rights.
Website of Source: https://www.themeehanlawfirm.com/
Source: Story.KISSPR.com
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