In 1988, California enacted the first of a series of "zero tolerance" laws. In 1994, a law was enacted which requires a civil/administrative license suspension for those who are under 21 years of age and drive with a BAC of 0.01% or more. The law also requires any person under 21 years old to submit to a preliminary alcohol screening device or other evidentiary test in order to determine his or her BAC or face a one year (on the first offense) driving privilege suspension for refusing to do so. Additionally, minors who suffer convictions for numerous alcohol and drug related offenses (having nothing to do with driving) such as possession of marijuana, minor in possession of alcohol, furnishing alcohol to a minor and public intoxication, will lose their licenses for a year or more. To find out what you can do to retain some or all of your driving privileges, in spite of a charge under the "zero tolerance" law, you should speak with a lawyer experienced in this realm. For a free and confidential consultation with Mr. Makler, complete the contact form at right.
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California Vehicle Code Section 13202.5. "Zero Tolerance law".
(a) For each conviction of a person for any offense specified in
subdivision (d), committed while the person was under the age of
21 years, but 13 years of age or older, the court shall
suspend the person's driving privilege for one year. If the person
convicted does not yet have the privilege to drive, the court shall
order the department to delay issuing the privilege to drive for one
year subsequent to the time the person becomes legally eligible to
drive. However, if there is no further conviction for any offense
specified in subdivision (d) in a 12-month period after the
conviction, the court, upon petition of the person affected, may
modify the order imposing the delay of the privilege. For each
successive offense, the court shall suspend the person's driving
privilege for those possessing a license or delay the eligibility
for those not in possession of a license at the time of their
conviction for one additional year.
As used in this section, the term "conviction" includes the
findings in juvenile proceedings specified in Section 13105.
(b) Whenever the court suspends driving privileges pursuant to
subdivision (a), the court in which the conviction is had shall
require all driver's licenses held by the person to be surrendered to
the court. The court shall within 10 days following the conviction
transmit certified abstract of the conviction, together with any
driver's licenses surrendered, to the department.
(c) (1) After a court has issued an order suspending or delaying
driving privileges pursuant to subdivision (a), the court, upon
petition of the person affected, may review the order and may impose
restrictions on the person's privilege to drive based upon a showing
of a critical need to drive.
(2) As used in this section, "critical need to drive" means the
circumstances which are required to be shown for the issuance of a
junior permit pursuant to Section 12513.
(3) The restriction shall remain in effect for the balance of the
period of suspension or restriction in this section. The court
shall notify the department of any modification within 10 days of the
order of modification.
(d) This section applies to violations involving controlled
substances or alcohol contained in the following provisions:
(1) Article 7 (commencing with Section 4211) of Chapter 9 of
Division 2 of, and Sections 25658, 25658.5, 25661, and 25662 of, the
Business and Professions Code.
(2) Division 10 (commencing with Section 11000) of the Health and
Safety Code.
(3) Section 191.5, paragraph (3) of subdivision (c) of Section
192, subdivision (c) or (d) of Section 192.5, and subdivision (f) of
Section 647 of the Penal Code.
(4) Section 23103 when subject to Section 23103.5, Section 23140,
and Article 2 (commencing with Section 23152) of Chapter 12 of
Division 11 of this code.
(e) Suspension, restriction, or delay of driving privileges
pursuant to this section shall be in addition to any penalty imposed
upon conviction of any violation specified in subdivision (d).
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| Tom Campbell: Sponsor of California's Zero Tolerance law |
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