Underage DUI with BAC of 0.01 or More
Vehicle Code - § 23136
What counts as a violation of Vehicle Code § 23136?
Vehicle Code § 23136 makes it a crime 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, a person under the age of 21 may still be prosecuted for a DUI under Vehicle Code § 23152 or 23153 or any other provision of law.
A person will be found to be in violation of Vehicle Code § 23136 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.
Additionally, any person under the age of 21 years who drives a motor vehicle is deemed to have given his or her consent to a preliminary alcohol screening test or other chemical test for the purpose of determining the presence of alcohol in the person, if lawfully detained for an alleged violation of Vehicle Code § 23136.
A police officer must inform the person that his or her failure to submit to, or the failure to complete, a preliminary alcohol screening test or other chemical test as requested will result in the suspension or revocation of the person’s privilege to operate a motor vehicle for a period of one year to three years, as provided in Vehicle Code § 13353.1.
What is the punishment for a violation of Vehicle Code § 23136?
A violation under Vehicle Code § 23136 results in a mandatory suspension of the person’s driver’s license for a period of one year.
What defenses are available to Vehicle Code § 23136?
- You were not driving
- You did not drink alcohol
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