California’s Zero Tolerance Law for driving under the influence (DUI) mainly affects two groups of people: drivers who are already on probation for a previous DUI and drivers who are under the age of 21. If either of these applies to you, you need to understand the charge you face and how a Los Angeles DUI lawyer can help you.
In California, you may be able to drive with a small amount of alcohol in your system and still be “legal” to drive. Normally, you’re only guilty of DUI if you break one of two rules. First, if you have a measurable blood alcohol concentration (BAC) of 0.08% or more, and second, it can be shown that you were under the influence of alcohol.
However, under the Zero Tolerance policy, these two rules go out the window. In these situations, you are guilty of DUI even if you have a much smaller level of alcohol in your system—and even if you were not acting impaired.
What is the “Zero-Tolerance” Law for Driving Under the Influence in California?
People often wonder, “What is California’s Zero Tolerance Law for DUI offenders?” In California, Zero Tolerance essentially means that any measurable amount of alcohol in your blood is enough to result in a DUI conviction if you are under 21 or convicted of a DUI within the last 10 years.
Los Angeles is tough on DUI across the board, but there are certain circumstances where the law is stricter than normal. These circumstances are covered by California’s “Zero Tolerance” policy.
If you’ve been charged with driving under the influence of alcohol, don’t wait to get in touch with us today so we can connect you with a Los Angeles DUI lawyer.
Zero Tolerance for Drivers on DUI Probation
After any DUI conviction, you will be put on probation for at least three years, and often up to five years. This probation is normally “summary probation,” meaning you do not have to check in with a probation officer, and you are not regularly monitored.
However, there are numerous requirements you have to fulfill during your probation period, or you may face additional criminal penalties. One requirement that every DUI offender faces is not to drive with any alcohol in their system. If you do, you will face consequences under California’s zero-tolerance laws for DUI.
The main consequences include:
- Any amount of alcohol in our system (a blood alcohol content level of 0.04% or higher) counts as a DUI.
- If you are pulled over and asked to take a PAS (roadside breathalyzer), you must take it. For other drivers, it is optional.
- If you break either of the rules above or refuse a chemical test after arrest, you may face additional consequences for probation violation (on top of the new DUI charge).
Do I Need a Hearing to Get a Restricted License?
No, you do not need a hearing to get a restricted license in California. A request for a restricted license cannot be considered at the DMV hearing. Instead, you may apply directly for an Ignition Interlock Device (IID) or a restricted license that allows you to drive to and from work, school, and other essential activities.
If you are facing a license suspension for a drunk driving incident, our legal defense attorneys are here to help you keep your criminal record clean. If you’re a first-time DUI offender or are facing unfair criminal charges, we’re here to help you.
Zero Tolerance for Underage Drinking and Driving
The other group subject to California Zero-Tolerance rules are drivers who are not yet of legal drinking age (21). Underage drinkers caught driving under the influence of drugs or alcohol can face DUI charges if they have any detectable amount of alcohol/substance in their system.
This stricter rule is based on three assumptions:
- Underage drinkers are younger and thus may be affected by a smaller amount of alcohol than fully grown adults.
- Drivers under the age of 21 can’t legally drink in the first place, so any trace of alcohol in the system reflects a violation of the law.
- Younger drivers are more prone to risky behavior behind the wheel and are thus potentially more dangerous when intoxicated than older drivers.
What counts as a “detectable amount of alcohol” is different for underage driver DUIs than it is for probation violation DUI. Instead of 0.04%, the legal limit for underage drivers is 0.01%—the smallest amount that most chemical tests can detect.
You can learn more about underage drinking and driving by scheduling a consultation with a criminal defense attorney. A skilled attorney can explain what happens when you get a DUI under 21 in California.
Commercial Drivers
Commercial drivers also face a stricter blood alcohol limit than normal drivers. Any amount of alcohol measuring 0.04% or more counts as a DUI and can cost you your commercial driver’s license (CDL).
However, this policy is not referred to as “Zero Tolerance” in California. It’s just meant to hold commercial drivers to a higher standard.
What Happens After I’m Arrested for a DUI?
The law enforcement officer is legally required to forward a copy of the completed notice of suspension or revocation form, along with any confiscated driver’s license and a sworn report, to the DMV.
The DMV then automatically conducts an administrative review, which includes examining the officer’s report, the suspension or revocation order, and any test results (such as a breathalyzer).
You can request a DMV hearing within 10 days of receiving the suspension or license revocation order. If the review concludes that the suspension or revocation is unfounded, the action will be reversed. The DMV will send you a written notification only if the suspension or revocation is reversed after the administrative review.
Speak to an LA DUI Attorney for Free
No matter what kind of Driving under the influence (DUI) charge you face, you need to defend yourself against severe penalties. A single DUI can have life-altering repercussions, and repeat DUIs can be even tougher. If you’ve been found driving over the legal limit of alcohol by a police officer and need legal defense, we’re here to help.
You need the help of a good DUI attorney. Your attorney may be able to reduce the severity of the consequence, reduce the charge to something less serious, find you a way out, or even win your case for you.
We can connect you with a Los Angeles lawyer who has the right experience for your case. Contact Los Angeles DUI Attorneys to get your free consultation today.
