Three different rules
Vehicle Code section 23136 is the zero tolerance law. It applies to drivers under 21 with a blood alcohol concentration of 0.01% or more, measured by a preliminary alcohol screening (PAS) device or another chemical test. It is an administrative matter handled by the DMV, not a crime. The DMV states that a driver under 21 with a result of 0.01% or more faces a one-year suspension.
Vehicle Code section 23140 makes it a separate violation for a person under 21 to drive with a blood alcohol concentration of 0.05% or more. Above that, the general DUI law in Vehicle Code section 23152 applies to every driver, regardless of age, at 0.08% or when a driver is under the influence.
Testing rules for drivers under 21
For adult drivers the roadside screening test is generally voluntary before arrest. For drivers under 21 it is different: the DMV states that a driver under 21 who refuses or fails to complete a PAS or other chemical test faces a one-year suspension for a first offense, with longer revocations for repeat refusals.
Because the zero tolerance action is administrative, the DMV can suspend the license even if the prosecutor never files a criminal case. The young driver can request a DMV hearing to challenge it, generally within 10 days of receiving the notice.
- Keep the notice the officer gave you and note the date you received it.
- Write down which tests you took and the results you were shown.
- Parents can help gather documents, but the young driver is the one whose rights are at stake.
Why it matters beyond the suspension
A suspension at 18 or 19 can affect school, work and insurance for years, and a criminal conviction can matter for college applications, jobs that require driving and immigration status. A first contact with the system is also when people are most likely to say too much. A criminal defense attorney can explain which of the three rules is at issue, whether a hearing is worth requesting and how to handle any court date.
If the stop also involved a fake ID, drugs or an accident, mention it to the attorney. Each can add separate consequences that should be considered together.
Your next steps
- Drivers under 21 can face a one-year DMV suspension at 0.01%, even without a criminal charge.
- The 0.05% rule and the general 0.08% DUI law also apply, depending on the test result.
- The 10-day deadline to request a DMV hearing applies to young drivers too.
Sources and legal basis
- California DMV: Driving under the influence
- Vehicle Code section 23136: Zero tolerance
- Vehicle Code section 23140: Drivers under 21 at 0.05%
General information about federal and California law as of October 30, 2026, not legal advice. Your facts and later changes in the law can change the answer. A request does not stop any deadline.