Understanding Zero Tolerance Laws
Posted on Apr 23, 2012 3:38pm PDT
In all 50 states, it is unlawful for a person to purchase, steal, or consume alcohol before turning the age of 21. Many states have even enacted harsh statutes to protect their community's youth from endangering themselves and others through alcohol-related activities. Studies from the Federal Trade Commission show that 7 percent of 8th graders engage in binge drinking, 16 percent of sophomores in high school drink excessively, and 23 percent of high school seniors have reported having more than five drinks on the same occasion. The study continues on by stating that over half of all teen drinkers got drunk within the previous month. Even the United States Surgeon General has concluded in a study that 5,000 teens and young adults under the age of 21 die every year as a result of underage drinking. This study includes drunk driving car accidents and other injuries, homicides, and suicides. Additionally, these teens are statistically more prone to developing other injuries, medical conditions, and long-term alcohol and substance abuse.
As the leading cause of death among individuals between the ages of 15 and 20, car accidents are a serious problem in the community. When alcohol plays a role in these collisions, the outcome is usually even worse. The victim's family will want to hold the drunk driver accountable for his or her actions, and the drunk driver who caused the accident may spend the rest of their life paying for this decision. It is estimated that 1,900 people die from underage alcohol-related car accidents every year, according to the information provided by the FTC. Other statistics show that underage drinkers and drivers between the ages of 16 and 20 are twice as likely to be involved in a fatal car crash caused by alcohol than their 21 and older counterparts.
Due to the dangerous nature of underage drivers who consume alcohol, many states have enacted zero tolerance policies and laws, such as the California Zero Tolerance Law. Under this statute, which is listed in Vehicle Code 23136, it is a civil offense for any person under the age of 21 to consume any amount of alcohol and get behind the wheel of a vehicle. The penalties associated with this specific statute will include either a one year license suspension or a one year delay in obtaining a driver's license for drivers who are not yet licensed. Because this is a civil offense, there is no jail time or imprisonment associated with this offense – it is simply handled by the California Department of Motor Vehicles. If a person in this state is under the age of 21 while driving with a blood alcohol concentration at or above .05 percent, he or she will be facing additional penalties through both the DMV and the criminal justice system.
The zero tolerance laws, while not the same in every state, can result in serious consequences for a minor or a young adult under the age of 21. Additionally, not every state has enacted zero tolerance laws; in some states it is only considered unlawful to get behind the wheel of a vehicle with a BAC at or above .02 percent for a person under the legal drinking age. No matter where your arrest or police stop occurred, though, you will need to talk to a DUI defense lawyer as soon as possible. These charges will stay on your driving record and have a substantial effect on your insurance rates – even for a seemingly simple violation under the zero tolerance laws. Your financial future may be at stake if you have not taken immediate legal action in regards to your DUI charges. For more information about underage drinking and driving and the zero tolerance laws in your state, please contact your local DUI attorney right away.