January 19, 2010

State Agencies Step Up Underage DUI Enforcement

In an effort to combat underage drinking and DUI, Arizona will set up DUI sobriety checkpoints to target underage drinkers returning from Mexico. If successful, other states will no doubt quickly follow suit. The legal drinking age is 18 in Mexico, although local establishments rarely, if ever, ask for anyone’s ID. This makes cities like Tijuana, Mexicali, Tecate, and Juarez popular hangouts for the “under 21” American crowd.

Teens from California, Arizona, Texas, and New Mexico frequent these Mexican cities to party, drink, and then drive home. If caught driving, these underage drinkers face a variety of penalties.

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September 18, 2009

College Students Beware...If You're Under 21 and Arrested for a California DUI, You Can and Will be Prosecuted

As summer ends and school begins, underage drinking becomes more prevalent. Students in college -- and even high school -- are returning to the party scene…which means that underage drinking will be on the rise.

Underage drinking is nothing new and, for many, is the norm. Students living in dorms, fraternity and sorority houses, in off-campus apartments, and even with their parents frequently get drunk and/or high. Oh…to be young again.

However, with age comes wisdom, and with wisdom comes the recognition that we aren’t invincible. So if you’re under 21 listen up! Not only is it possible for the police to arrest you for drunk driving, it’s possible for them to arrest you for driving with any measurable amount of alcohol in your body. This is what’s known as California’s zero tolerance policy.

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July 13, 2009

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.