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Law Firm of Aaron Bortel

Under 21 Fines & Penalties


The State of California has a “zero-tolerance” policy for drivers under the age of 21 that drink and drive. The laws governing DUI are much stricter for juveniles than they are for adults; if the preliminary alcohol screen (PAS) test or chemical test resulted in a .01 BAC or more, a person under 21 will lose their driving privilege for at least a year. People under 18 caught for DUI will have their licenses revoked until they are 18, or for at least a year, whichever is longer.

One of the most significant things to remember that persons under the age of 21 cannot refuse to take the roadside (PAS) Breathalyzer test, and a refusal to take a roadside breathalyzer test can mean a one year suspended license.

These are the DMV issues for drivers under 21 years of age.

A. If you took a PAS or chemical test:

  1. Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of VC §23136?
  2. Were you lawfully arrested or detained?
  3. Were you driving a motor vehicle while under age 21, with a BAC level of 0.01% or greater, measured by a PAS device, or other chemical test?


B. If you refused or failed to complete a PAS test*:

  1. Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of VC §23136?
  2. Were you lawfully arrested or detained?
  3. Were you told that your driving privilege would be suspended for one year or revoked for two or three years if you refused to submit to or failed to complete the PAS test* while under age 21?
  4. Did you refuse to submit to or fail to complete a PAS test* after being requested to do so by a peace officer?

Aaron Bortel has a proven track record of representing minors accused Bay Area DUI’s . We try to win first, if not we can negotiate or if the client chooses go to trial. For over 20 years, people throughout the Bay Area have selected Aaron Bortel to oversee their DUI case because they know he gets results. Let him handle your case and get you the justice you deserve. Contact him today.

Aaron Bortel

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