Driving under the influence of alcohol or different substances results in strict consequences for any California driver. However, CA drivers under the age of 21 will face more severe consequences than other drivers.
What Is a DUI?
Drivers can receive a DUI while driving under the influence (DUI) of alcohol or drugs. DUIs are commonly associated with driving under the influence of alcohol (drunk driving), but they can also apply to scenarios where an individual operates a motor vehicle while impaired by illegal drugs or prescription medication.
Although DUI is the most commonly used term, some states refer to DUIs as DWI, OUI, DUII, or OWI. DUIs have serious consequences, including fines, driving restrictions, and imprisonment. You should always drive responsibly and never get behind the wheel of a motor vehicle if you are under the influence of anything.
California Administrative Per Se Immediate Driver’s License Suspension or Revocation
CA drivers who are under 21 years of age and have a 0.01% blood alcohol concentration (BAC) will have their driver’s license suspended or possibly revoked.
In 1990, the Administrative License Suspension Program, also referred to as “Admin Per Se” was signed into law. This law was created as a deterrent to drunk driving. In California and other states, it is against the law for individuals who are under the age of 21 to consume alcohol. The APS “Zero Tolerance” law was enacted in 1994 to address underage drinking and driving.
How Does the APS Zero Tolerance Law Affect Drivers Under the Age of 21?
According to the California Vehicle Code (CVC) 23136, PAS, drivers who are under 21 years of age will have strict Zero Tolerance requirements and consequences. The CA DMV must suspend or revoke the driving privileges of any individual who is under the age of 21 and detained, and/or arrested for operating a motor vehicle under the influence of drugs, alcohol, or other substances (DUI) who the following applies:
- Takes a Preliminary Alcohol Screening (PAS) test, or a chemical test (breath or blood test) that has a Blood Alcohol Content (BAC) level of at least 0.01%.
- Refusal or failure to complete a PAS or other chemical test
What Happens to My California Driver’s License If It Is Suspended?
If your CA driver’s license is suspended or revoked, the officer will give you a Suspension/Revocation Order and a temporary driver’s license. If your CA driver’s license is valid, the officer will take your driver’s license and send it to the CA DMV where it will be destroyed.
Your temporary CA driver’s license will remain valid for 30 days after the issue date, which is usually the date you were detained and/or arrested. Once the 30-day period is over, the suspension/revocation process becomes effective. If you are not served with a Suspension/Revocation Order by an officer, the CA DMV will mail you a copy of the Suspension/Revocation Order.
Your temporary CA driver’s license does not allow you to operate a motor vehicle if you have another CA DMV court-imposed driver’s license action currently effective. The APS Zero Tolerance suspension or revocation is not combined with any other CA DMV adverse action or any jail, fine, or other criminal penalty that may be imposed in a CA court if you were convicted of a DUI offense.
What Does the CA DMV Do If I Receive a DUI?
The CA DMV will automatically conduct an administrative review, which will include an examination of the officer’s sworn report and any accompanying documentation, such as an arrest or traffic collision report.
If the review shows that there is no basis for the APS Zero Tolerance suspension or revocation, the action against you will be discontinued and the CA DMV will notify you in writing if the suspension or revocation has been dismissed.
What Can I Do About the APS Zero Tolerance Suspension or Revocation?
You only have 10 days from the receipt of the suspension or revocation order to request a hearing to show that the APS suspension or revocation is not justified. The APS Zero Tolerance suspension or revocation will not be delayed unless you request a hearing within 10 days from the issue date of the order, or the DMV can’t provide a hearing appointment before the effective date of the suspension or revocation.
Upon request, before the hearing, you can obtain copies of the CA DMV’s evidence against you. If you want copies of this evidence released to someone else, such as your attorney, you must provide signed permission to do so. You have the right to have a sign or a language interpreter present at your hearing. However, if you require an interpreter, you must let the CA DMV know immediately.
You can represent yourself or hire an attorney at your expense, or another individual may represent you at the hearing. You can provide an oral testimonial or another type of evidence. Your testimony will be taken under oath or affirmation, and the hearing will be recorded.
The CA DMV generally does not arrange to have the peace officer testify, however, the CA DMV reserves the right to call the officer to the stand at its discretion. Be advised that you can subpoena the officer or any other witness(es) you feel will help your case by providing relevant evidence or testimony. You are solely responsible for paying the necessary fees and making sure your witness(es) receive a subpoena.
Once the CA DMV has reached a decision, if the action is upheld (they agree with the charge(s), you can submit a written request for a department review within 15 days of the effective date of the decision. The fee for a department review is $120.
Aside from the department review process, you can request a court review within 30 days following the issuance of the notice of the hearing decision. If you are under 21 years old and you refused the PAS or another chemical test, you will not be charged a fee for a department review of your hearing.
To reinstate your California driving privileges after an APS Zero Tolerance suspension or revocation, you are required to do the following:
- Pay a $100 reissue fee to the CA DMV
- File a proof of financial responsibility (such as a California Auto Insurance Proof Certificate (SR 22) – $35,000 cash deposit, surety bond, or self-insurer certificate under CVC. Your auto insurance carrier can provide you with the SR 22 and submit it to the CA DMV.
- Maintain proof of financial responsibility for 3 years
Problems With Your Court Hearing
Your need for a CA driver’s license is NOT an issue that will be heard at the APS Zero Tolerance hearing.
Only the following issues will be discussed at the ASP Zero Tolerance hearing:
- If you took a PAS or another chemical test
- Did the peace officer have reasonable cause to believe you were operating a motor vehicle in violation of Code CVC 2316, or operating a motor vehicle while on probation in violation of Code CVC 23154?
- Were you lawfully detained?
- Were you operating a motor vehicle while under the age of 21 with a BAC level of at least 0.01%, as measured by a PAS test or another chemical test?
- If you refused or failed to complete a PAS test or another chemical test:
- Did the peace officer have reasonable cause to believe you were operating a motor vehicle in violation of Code CVC 23136, or operating a motor vehicle while on probation in violation of Code CVC 23154?
- Were you informed that your CA driving privilege would be suspended or revoked for 1 to 3 years, or 2 to 3 years if you were on probation, failed to complete or refused to submit to a PAS test, or another chemical test, while under 21 years of age?
- Did you refuse to submit to, or fail to complete a PAS or another chemical test after being requested to do so by a peace officer?
How Long Will My California Driver’s License Be Suspended or Revoked?
If you completed a PAS or another chemical test, and the results showed at least a 0.01% BAC, your CA driving privilege will be suspended for 1 year.
If you refuse to take or fail to complete a PAS or another chemical test, your CA driving privileges will be the following:
- Suspended for 1 year, for a first offense
- Revoked for 2 years, for a second offense in 10 years
- Revoked for 3 years, for 3 or more offenses in 10 years
APS DUI Probation Suspension or Revocation
Court-ordered DUI probation restricts an individual who was previously convicted of a DUI from operating a motor vehicle with any measurable amount of alcohol in the driver’s blood, even if the BAC measures 0.01%.
If you completed a PAS or another chemical test, and the results showed a BAC level of at least 0.01%, and you were on court-ordered probation for a previous DUI conviction of Code CVC 23152 or 23153, in addition to the APS Zero Tolerance suspension, the CA DMV will impose a concurrent 1-year suspension based on the violation of your DUI probation. You are NOT eligible for a CA-restricted driver’s license during the 1 year.
If you refused or failed to complete a PAS or another chemical test, and you are on court-ordered probation for a previous DUI convocation of CVC 23152 or 23153, in addition to the APS Zero Tolerance suspension, the CA DMV will impose a 2-year revocation based on the violation of your DUI probation. You will not be eligible for a CA restricted driver’s license during the 2-year period. Also, in addition to the APS Zero Tolerance suspension, the CA DMV will impose a 3-year revocation based on the violation of your DUI probation if you have at least 2 refusals while on DUI probation. You will not be eligible for a restricted driver’s license during the 3-year period.
Even if you have one or multiple APS suspension or revocation actions occurring simultaneously, you are NOT entitled to a CA-restricted driver’s license during the suspension or revocation period for a second and/or subsequent action. You can request a critical need restricted CA driver’s license only for your first APS offense if there is no other action in effect against your driving privilege.
Can I Receive a Critical Need Restriction?
Once a 30-day suspension period is over, you may be eligible to apply for a Critical Need Driver’s License IF you completed a PAS or another chemical test with a BAC level of at least 0.01%, and you have a critical need to operate a motor vehicle. A critical need restriction is limited. To be eligible for this driving restriction, you must first verify that a specific critical need condition exists and all other forms of transportation are inadequate.
Only first offenders who completed a PAS or another chemical test are eligible to apply for a CA Critical Need Restricted Driver’s License. You can download the CA Critical Need Driver’s License Application (Form DS-694) and submit it to the CA DMV.
What Are the Penalties for California Drivers Under the Age of 21 Who Receive a DUI?
Penalties for an underage DUI in California can include the following:
- Driver’s license suspension
- Fines that range from a few hundred to a few thousand dollars
- Community service
- Jail time
- Difficulty finding employment
- Increase auto insurance rates
Generally speaking, a conviction of an underage DUI is a misdemeanor and often carries $100 to $200 in fines, 20 to 480 hours of community service, and driver’s license revocation of 1 to 3 years.
Avoid drinking and driving and committing other traffic violations or crimes. Always pay attention to your surroundings and stay alert. Happy driving!