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DUI

Under 21 and Stopped for Drinking and Driving: California's Zero Tolerance Rules

First Call Defense · · 3 min read

California sets several layers of rules for drivers under 21. Any measurable alcohol at 0.01% or more can lead to a one-year DMV suspension under the zero tolerance law. A higher level can be a separate violation, and the regular DUI law still applies at 0.08% or when a driver is impaired. Young drivers often face license consequences even when no criminal charge is filed, so the 10-day DMV deadline matters.

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

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.

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