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Under 21 And Driving

Veh. Code 23136 — 0.01 percent brings a suspension; 0.05 percent is an offense

0.01 percent. A person under 21 in California may not drive with a blood alcohol concentration of 0.01 percent or more, measured by a preliminary screening or other chemical test. The department immediately suspends the driving privilege on that showing.

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0.05 percent. Driving under 21 with 0.05 percent or more is unlawful in its own right, and the court's finding goes to the department within 10 days.

A driver under 21 lawfully detained for the 0.01 offense is deemed to have consented to the test, and refusing or not completing it brings a suspension or revocation of one year to three years.

Sources for this section (3)
  1. Veh. Code 23136 — A person under 21 driving with a blood alcohol concentration of 0.01 percent or more
  2. Veh. Code 23140 — Under 21 with 0.05 percent alcohol while driving
  3. Veh. Code 13353.2 — Immediate suspension for alcohol concentration, including under 21

Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed California attorney.

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