음주운전(DUI)

미성년자 음주 운전

CALIFORNIA'S "ZERO TOLERANCE" DUI LAW [VC §23136]

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In a nutshell, if you are under 21 years of age, it is illegal to drive with a Blood Alcohol Content (BAC) of 0.01% or higher—hence the label "Zero Tolerance" DUI law.

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California Vehicle Code § 23136

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(a) Notwithstanding § 23152 and § 23153, it is unlawful for a person under the age of 21 years 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. However, this section shall not bar prosecution under § 23152, § 23153, or any other provision of law.

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(b) A person shall be found in violation of subdivision (a) if the person was, at the time of driving, under the age of 21 years, and the trier of fact finds that the person had consumed an alcoholic beverage and was driving a vehicle with a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test.

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(c)(1) Any person under the age of 21 years who drives a motor vehicle is deemed to have given their consent to a preliminary alcohol screening test or other chemical test for the purpose of determining the presence of alcohol, if lawfully detained for an alleged violation of subdivision (a).

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(2) The testing shall be incidental to a lawful detention and administered at the direction of a peace officer who has reasonable cause to believe the person was driving a motor vehicle in violation of subdivision (a).

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(3) The person shall be told that their failure to submit to, or complete, a preliminary alcohol screening test or other chemical test as requested will result in the suspension or revocation of their privilege to operate a motor vehicle for a period of one to three years, as provided in § 13353.1.

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MINIMUM PENALTIES FOR ZERO TOLERANCE UNDERAGE DUI

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• Infraction

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• Up to 1 year DMV license suspension 

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CALIFORNIA'S UNDERAGE DUI [VC §23140]

• If you are under 21 years of age, it is illegal for you to drive with a Blood Alcohol Content (BAC) between .05% and .07%.  It has harsher penalties than "Zero Tolerance" DUI law due to the higher BAC

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• If you are charged for under age DUI per VC §23140, you will be charged with Zero Tolerance DUI as well​

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First Offense​​

• Up to 6 months in jail

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• $100 fine with court fees

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• 1 year DMV license suspension

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• Possible alcohol/drug treatment program

Second Offense

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• Up to 1 year in jail

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• $200 fine with court fees

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• 1 year DMV license suspension

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• Possible alcohol/drug treatment program

Third Offense

• Up to 1 year in jail

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• $300 fine with court fees

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• 1 year DMV license suspension

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• Possible alcohol/drug treatment program

YOU CAN BE CHARGED WITH STANDARD DUI AS WELL [VC §23140]

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Even if you are under 21 years of age, you can be charged with regular DUI or VC §23152.  Unfortunately, you can be charged with both underage DUI and regular DUI at one time