In America, drunk driving kills a teenager between the ages of 15 and 19 years old every 23 minutes!! It is a problem serious enough to warrant much attention. Alcohol is still America’s drug of choice and kills more kids than cocaine, marijuana (pot), heroin, LSD, and other illegal drugs combined. There are stiff penalties that one must pay if he or she is caught driving under the influence (DUI) of alcohol and/or other drugs.
On July 1, 1990, California became the 28th state to adopt an administrative license suspension program. This program, commonly called “Admin Per Se” was enacted by the Legislature and made into a law by the governor as a stronger deterrent to drunk driving.
The new law requires the DMV to suspend the driving privilege of persons under the age of 21 who are driving with a Blood Alcohol Content (BAC) of .01 or more or who refuses or fails to complete the test. The suspension is independent of any jail, fine or other criminal penalty imposed in court for the offense.
Who is Affected?
Any driver under age 21 arrested for driving under the influence who:
· Refuses to take or fails to complete the preliminary alcohol screening test
· Takes a blood/alcohol test which shows a BAC of .01 or more
What Happens To Your Teen’s Drivers License?
· If your teen is arrested for drunk driving, the officer will complete a driver’s license suspension order, take the license and give your teen a temporary driver’s license.
· The suspension becomes effective 30 days from the arrest date.
· The officer will mail your teen’s license to DMV. He or she will receive the following two documents which may be carried in his or her possession to have a valid temporary license and legally drive: Order of Suspension and the officer’s citation showing the arrest for Section 23140, 23152 or 23153, or release from custody.
What Does DMV Do?
· The law enforcement officer sends documents to DMV within five business days following the arrest. If your teen took a blood or urine test too, the officer will forward the results of the BAC test to the department within 20 calendar days. If the results of your teen’s test show that the BAC is less than .01 the suspension will be set aside and your teen’s driver’s license returned.
· The Department of Motor Vehicles conducts an administrative review, which includes an examination of the officer’s report, the Order of Suspension, and BAC test results.
What Can Your Teen Do About the Suspension?
· Your teen must request a hearing within 10 days of receipt of the suspension order.
· If a hearing is held, the department within 45 days of the date of the arrest will make a decision.
· After the hearing, your teen may request a departmental review within 15 days, or a court review within 30 days.
· A $100 re-issue fee is required to reinstate the driving privilege after a suspension and before any license restrictions may be issued.
How Long Will Your Teen’s License Be Suspended?
If your teen did not take a chemical test:
· First DUI: 1 year.
· Second DUI in 7 years: 2 years.
· Three or more DUI’s in 7 years: 3 years.
If your teen took a chemical test or a breath test and the test showed .01 BAC or more:
· First DUI: 4 months.
· One or more prior DUIs in 7 years: 1 year.
It is unlawful for any person under the age of 18 to have a BAC in excess of .04 while operating a motor vehicle. Violation of this statute may result in the suspension of your teen’s driving privilege for 1 year or until age 21 whether or not they are licensed and is considered to be a misdemeanor. If an officer believes the driver is impaired, he or she can be sent to jail with a BAC less than .04. A person under the age of 21 with a BAC of .01 or more can also lose his or her driver’s license, but it is considered to be an infraction.
It is unlawful for any person (driver or passengers) to be drinking while in a motor vehicle (Vehicle Codes 23221 & 23220). It is unlawful to have an open alcoholic beverage while in a motor vehicle, whether it is being driven or not (Vehicle Code 23223). Thus, persons drinking in a parked car may be cited or arrested for possession of an open alcoholic beverage. Additionally, the driver of the parked vehicle may be given a “field” sobriety test to determine if that driver has been drinking; and, if so, that driver may also be cited or arrested for being in violation of Vehicle Code 23152: DWI, driving while intoxicated.
For each conviction of someone 13-21 years old in possession of alcohol, his or her license privilege will be suspended for one year. Possession of marijuana in a vehicle is a violation of Vehicle Code 23222.
If a person shows no alcohol in their system, yet they still show signs of being “high” or intoxicated, the police officer will do a further test to determine if they are under the influence of other drugs in accordance with Section 11550 of the Health & Safety Code.
There must be an adult over 21 in the vehicle while transporting liquor if the driver is a minor. A minor found in violation of Vehicle Code 23224 will have his or her license suspended for one year and the vehicle involved may be impounded for up to 30 days. It’s important to remember that the driver has a responsibility to make sure that his or her passengers obey the law. The excuse of “It wasn’t mine,” is not sufficient to avoid arrest or citation.
If your teen is convicted of a DUI and your teen has a driver’s license, that license can be suspended for one year for each conviction. Thus, if your 17 year old has 2 convictions, that license can be suspended for two years. If your teen does not have a driver’s license, he or she will not be able to apply for a license for the duration of that penalty.
· The average cost for a first DUI offense can be anywhere from $2500 to $3600! Insurance goes up 80%...DUI classes cost $300+...Fine = $1200 to $1500...Lawyer fees = $1000+. Additionally, the County may charge you for police and ambulance, as well as any property damage that may have occurred.
· A second DUI offense may put your teen in a yearlong alcohol program that could cost thousands of dollars. Your teen could be sentenced to up to 120 days in jail—the fine goes up to $2500+—don’t forget lawyer fees; and your teen’s insurance will probably be cancelled!
It’s a high price to pay to drive drunk!
Resources begin on page 136, Web Sources on 165
