DUI Conviction: Persons Under 21: Required
Suspension
13352.6. (a) The department shall immediately suspend the driving
privilege of any person who is 18 years of age or older and is convicted
of a violation of Section 23140, upon receipt of a duly certified
abstract of the record of any court showing that conviction. The
privilege may not be reinstated until the person provides the department
with proof, satisfactory to the department, of financial responsibility
and of successful completion of a driving-under-the-influence program
licensed under Section 11836 of the Health and Safety Code. That
attendance shall be as follows:
(1) If, within seven years of the current violation of Section 23140,
the person has not been convicted of a separate violation of Section
23140, 23152, or 23153, or of Section 23103, with a plea of guilty under
Section 23103.5, or of Section 655 of the Harbors and Navigation Code, or
of Section 191.5 of, or paragraph (3) of subdivision (c) of Section 192
of, the Penal Code, the person shall complete, at a minimum, the
education component of that licensed driving-under-the-influence
program.
(2) If the person does not meet the requirements of paragraph (1), the
person shall complete, at a minimum, the program described in paragraph
(1) of subdivision (c) of Section 11837 of the Health and Safety
Code.
(b) For the purposes of this section, enrollment, participation, and
completion of the program shall be subsequent to the date of the current
violation. No credit for enrollment, participation, or completion may be
given for any program activities completed prior to the date of the
current violation.
VEHICLE CODE SECTION 23140
23140. (a) It is unlawful for a person under the age of 21 years who
has 0.05 percent or more, by weight, of alcohol in his or her blood to
drive a vehicle.
(b) A person may be found to be in violation of subdivision (a) if the
person was, at the time of driving, under the age of 21 years and under
the influence of, or affected by, an alcoholic beverage regardless of
whether a chemical test was made to determine that person’s blood-alcohol
concentration and if the trier of fact finds that the person had consumed
an alcoholic beverage and was driving a vehicle while having a
concentration of 0.05 percent or more, by weight, of alcohol in his or
her blood.
(c) Notwithstanding any provision of law to the contrary, upon a
finding that a person has violated this section, the clerk of the court,
or judge if there is no clerk, shall prepare within 10 days after the
finding and immediately forward to the department an abstract of the
record of the court in which the finding is made. That abstract shall be
a public record and available for public inspection in the same manner as
other records reported under Section 1803.
Veh. C. §42001(a) sets the fines for vehicle code
infractions at $100.00 for a first offense, $200.00 for a second
infraction offense in a year, and $250.00 for a third or more infraction
offense in a year. Add to these the usual penalty assessment of up to
160% of the fine.
In addition to a fine, under Veh. C. §13202.5(d)(4), the
convicted defendant is subject to the mandatory one-year suspension, with
a hardship restriction available
Veh. C. §13352.6 was added and Veh. C. §23502
amended by Stats. 2000, Chap. 1063, §2, to require a person
over the age of 18 who is convicted of a violation of Veh. C.
§23140 to attend the educational component of a first
offender DUI Program (see page 10-107), unless there are prior drunk
driving convictions. If that’s the case, then the full first offender DUI
Program is required.
The person’s driving privilege is suspended until the program is
completed. Since the statute became operative on January 1, 2001, it only
applies to offenses committed after that date.
