Long Beach DUI Lawyer Gives Discourse on Zero Tolerance Laws

Long Beach DUI Lawyer

There are essentially two ways a person can be in violation of the law by driving with a .01% or more of alcohol in his or her blood.  The first is the underage DUI law that says it is unlawful for a person under 21 years of age to drive with a blood-alcohol concentration of 0.01 percent or more, as measured by a preliminary alcohol screening (PAS) test or other chemical test. Vehicle Code §23136(a). A violation of this particular law may be found if the person consumed an alcoholic beverage and was driving with the requisite blood-alcohol level. Veh C §23136(b).  See for example the CA case of Foster v Snyder (1999) 76 CA4th 264, 271 (statute does not have intent requirement). This offense, sometimes referred to as “the zero tolerance law,” is punishable as an infraction.  FYI, An infraction is a class of crime that does not carry jail time. This statute does not bar prosecution under Veh C §23152 (misdemeanor) or §23153 (felony), or any other provision of the criminal law. This law is the criminal section of the offense, it also carries certain DMV consequences which are not discussed here.

Another variation of the zero tolerance laws is that of the driving while on probation sections.  It is unlawful for a person who is on probation for a violation of Vehicle Code 23152 or §23153 to drive a vehicle with a blood-alcohol concentration of 0.01 percent or more, as measured by a preliminary alcohol screening (PAS) test or other chemical test. According to one Long Beach DUI Lawyer, Matthew Ruff, the offense is codified in Vehicle Code §23154(a). This offense is also punishable as an infraction.

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