Many people presume that you need to have a blood alcohol concentration (BAC) above .08% to be considered driving under the influence. This is not correct. This is the presumptive level (for drivers 21 years of age or older) where you are presumed impaired. If an officer can show that your driving was impaired at a lower BAC then you can also be prosecuted for DUI.
For drivers under the age of 21 the presumptive level is now .01% to be in violation of CVC 23136a. For most teens this blood alcohol level will be equivalent to less than one half of a can of beer. Although this section is an infraction anytime an officer can show the driver was under the influence they can also be charged with more serious violation of CVC 23152a, a misdemeanor.
Drivers convicted of many alcohol related driving offences are likely to have their driver license suspended by the Department of Motor Vehicles. These suspensions can result regardless of the outcome of any criminal proceedings.
Although violations of this section can result in fines, increased rates or cancelled insurance, alcohol education classes and other penalties, our primary concern is saving the lives of teens and other citizens on the roadway. A "worst case scenario" is not having to take the bus to school...it's not needing to take the bus to school.
Open Container Laws
There are several laws prohibiting anyone from having an open container of alcohol in a vehicle. There are also laws prohibiting people under the age of 21 from transporting alcoholic beverages. Minors transporting alcohol may also have their vehicles impounded for up to 30 days.
|
