At The Law Offices of Frances Prizzia, our Orange County DUI attorney understands that Zero Tolerance laws are particularly strict for drivers under the age of 21. These laws mean any trace of alcohol in a teen’s system while driving can lead to serious penalties. Even a small sip of an alcoholic beverage can cause a violation.
Zero Tolerance does not follow the same rules as adult DUI laws, so teens and their parents need to pay attention. This article explains the laws, the penalties, and how we can help protect a young person’s license, record, and future.
California Vehicle Code 23136 makes it illegal for a driver under age 21 to have a Blood Alcohol Concentration (BAC) of 0.01% or higher while driving. This is much lower than the adult DUI limit of 0.08%. Even a tiny amount of alcohol can result in a citation or arrest.
Law enforcement officers can issue penalties, including a driver's license suspension. Knowing these rules is crucial for teens, parents, and legal guardians to maintain their driving privileges and insurance.
The Zero Tolerance BAC limit for a driver under age 21 is 0.01%. This means any detectable trace of alcohol can count as a violation. For adults, DUI charges usually start at 0.08% BAC. There is also a 0.05% limit for minors in certain cases under VC 23140, which can increase penalties. Even a small sip of an alcoholic beverage can lead to suspension of driving privileges, DMV visits, or mandatory education and training.
By driving in California, minors give “implied consent” to Chemical tests if stopped by a law enforcement officer. These tests may include a preliminary alcohol screening, a breath test, or a blood test. Refusing to take a test can lead to automatic driver's license suspension or revocation of your driver's license and driving privileges.
Officers document refusals and report them to the DMV, which may issue a suspension or revocation order (DS 367/367M). We can help families respond to these citations, complete forms such as the Application for Critical Need Restriction (DS-694), and protect their driving privileges.
At The Law Offices of Frances Prizzia, we know that penalties for a Zero Tolerance offense can be severe. Most penalties come from the DMV and can create immediate problems for individuals under the age of 21. A first offense can lead to a Suspension/Revocation Order (DS 367/367M) and the loss of driving privileges for months. These penalties can affect nighttime driving, school activities, and the ability to operate motor vehicles or trucks.
The DMV plays a major role in Zero Tolerance violations. A first-time offense usually results in a one-year suspension of driving privileges. The DMV sets a short deadline to request a hearing to challenge the suspension. If the request is missed, the suspension starts automatically. We help families complete forms, visit driver services, and follow reporting requirements to protect the teen’s license and future driving privileges.
Financial penalties for a Zero Tolerance offense can be significant. Teens may face fines, penalty assessments, and mandatory insurance coverage requirements. Court-ordered programs, such as Adult Driver Education or School Driver Education, are also common.
The cost of these programs, along with fees for registration, plates, or specialty plates, can create a heavy burden. We guide families through payment options, receipts, and the completion of all administrative requirements to ensure compliance and avoid failure in meeting deadlines.
A conviction for a Zero Tolerance offense can have lasting effects. Beyond immediate suspension, individuals under the age of 21 may face increased insurance premiums and difficulties obtaining a California Insurance Proof Certificate (SR-22). College applications, scholarships, and future employment opportunities can also be affected.
The offense may appear on DMV records, affecting registration, transfer of vehicle ownership, or even the operation of commercial motor vehicles in the future. We help teens, parents, and legal guardians understand the reporting requirements and take steps to minimize long-term consequences.
Facing a zero-tolerance citation does not mean a guaranteed conviction. At The Law Offices of Frances Prizzia, we review the case to identify weaknesses in the evidence or process. Experienced attorneys can explore options such as DMV hearings, questioning BAC results, or challenging the validity of a citation.
Even first-time offenses can sometimes be reduced or dismissed with proper legal support. Our team helps guardians understand the requirements, complete the necessary documents, and ensure that all administrative rules are followed.
A stop or arrest must be based on reasonable suspicion or probable cause. If law enforcement officers cannot show this, the stop or arrest may be illegal. Evidence collected during an invalid stop may be suppressed. We review the officer’s actions carefully to protect the teen from unnecessary convictions or penalties.
BAC testing can sometimes be challenged. Breathalyzer devices may be improperly calibrated, or field sobriety tests may not be administered correctly. Medical conditions or recent consumption of certain medications can also affect results. We examine each test and its administration to identify problems that could reduce or dismiss the offense.
At The Law Offices of Frances Prizzia, we help teens and their guardians understand all available options after a zero-tolerance offense. Some penalties can be reduced or modified if the teen meets certain requirements. Options include requesting a DMV hearing, applying for a Critical Need Restricted DL, or participating in court-ordered DUI probation.
Guardians may have questions about administrative rules, driver safety programs, and compliance with reporting requirements from state-run commissions, boards, or committees. Staying informed through news updates and official notices from relevant agencies or councils helps families make informed decisions.
Key options and steps include:
Completing Adult Driver Education or School Driver Education is often a minimum requirement. Programs cover the dangers of the consumption of alcohol, illegal transportation, and possession of alcoholic beverages. Guardians should verify driver's licenses and ID documents, and keep receipts to confirm completion. Participation also teaches bicycle and pedestrian safety, as well as responsible vehicle operation.
Teens and guardians can correct defective license plates, update titles, or follow Admin Per Se procedures. Registration and other official documents may need to be handled at DMV offices. We guide families on questions related to government processes, requirements for government lobbyists, and compliance with various agencies and commissions. Following these steps carefully helps protect driving privileges and avoid future offenses.
Guardians should educate teens about the risks associated with illegal transportation, possession of alcoholic beverages, and nighttime driving. Occupants and drivers must practice pedestrian safety, proper vehicle operation, and bicycle awareness. We advise families to monitor compliance with all DMV rules and educate teens on safe driving behaviors. These steps help prevent future offenses and protect the teen’s record.
An underage DUI conviction can have serious, life-altering consequences for a teen. Time is critical, especially when meeting DMV hearing deadlines and completing all required programs. We provide a free and confidential consultation to answer your questions, explain options, and begin building a defense. Contact us today to make sure your rights are protected.
Client Centered Approach
Reputation by Excellence
Experience
Innovative & Determined
You're Not Just Another Client
AVAILABLE FOR YOU NOW
"*" indicates required fields
