California's DUI Zero Tolerance Policy Unduly Harsh
Stated in Vehicle Code 23136, California DUI law makes it illegal for minors under 21 years of age to drive with any measurable amount of alcohol in their systems. An underage drinker who drives with even a .01 BAC faces a one-year suspension of his/her driver’s license.
California's underage DUI law is based on the notion that because minors can't consume alcohol legally, they shouldn't be able to drink and drive legally at any BAC level. Moreover, because minors are less experienced drivers, they are thought to pose a particular danger if they drive after consuming alcohol.
These points are well taken. But still, a one-year driver’s license suspension can be unduly onerous. Many of those under the suspension must drive to work or school. Lack of transportation can interrupt their education and ability to earn a living; factors that in turn can lead to more drinking. Imposing a restricted license that allows at least limited driving for such necessary activities would make better policy sense.
