DUI Under 21 in California: The 0.01% Zero Tolerance Law

California's limit for drivers under 21 is effectively zero: 0.01% BAC, measurable after a single drink, means a one-year suspension.

Three thresholds for drivers under 21

BAC	Law	What it means
0.01% or more	Vehicle Code § 23136 (zero tolerance)	Unlawful to drive; the DMV suspends the license for one year
0.05% or more	Vehicle Code § 23140	A separate offense for drivers under 21, reported to the DMV as a public record
0.08% or more	Vehicle Code §§ 23152, 23153	A regular DUI, the same as for adults

The 0.01% law doesn't prevent prosecution for a regular DUI; the thresholds can apply together.

The one-year suspension

Per the California DMV, if you're under 21 and a preliminary alcohol screening (PAS) test or other chemical test shows 0.01% or more, your driving privilege is suspended for one year. Drivers under 21 are deemed to have consented to the PAS test when lawfully detained, and refusing or failing to complete it also means a one-year suspension for a first offense, a two-year revocation for a second within 10 years, and three years for a third.

A zero-tolerance suspension by itself is a civil DMV action, not a criminal conviction — and it carries no negligent-operator points at all. That changes once BAC crosses into §23140 or the adult DUI statutes: a §23140 or §23152/23153 conviction adds 2 points to your DMV record, which can trigger a separate points-based suspension on top of whatever this law imposes.

The Critical Need Restriction, in more detail

This restriction is only available to a first offender who completed the test — refusing it rules it out entirely. You serve 30 days of the year-long suspension first, then apply by mail to DMV's Driver Safety Actions Unit in Sacramento (not at a local field office) under one of four specific categories: family illness, school, work, or a family enterprise — each requiring its own signed statement from a physician, school principal, or employer. If you're under 18, both parents must sign the application unless one has sole custody. Once granted, you'll need an SR-22 on file for 3 years, on top of the $100 reissue fee.

Diversion is barred for adults — but not always for minors

California generally doesn't allow diversion or deferred judgment for a DUI charge. For a minor specifically charged under §23140 or the adult DUI statutes, though, a probation officer can place them into an informal supervision program instead of filing a formal juvenile petition, if it protects the minor's and the community's interests — the case still goes in front of a judge or hearing officer either way. A pure 0.01% zero-tolerance case doesn't go to court at all, so this option only becomes relevant once BAC is 0.05% or higher.

Turning 18 doesn't end any of this

The standard provisional-license curfew and passenger restrictions for drivers under 18 end automatically at 18 — but the 0.01% zero-tolerance rule, and any suspension already running under it, continue independently until 21 regardless of that milestone.

What it does to your insurance rates

We didn't find comparable published insurance rate data for an under-21 alcohol violation in California. Two things are true everywhere: teen drivers already pay the highest premiums of any age group, and an alcohol-related violation on a young driver's record makes that worse. See what teens normally pay in our California teen driver guide, and what an adult DUI does to rates in our California DUI guide.

Related: Car insurance after a DUI in California · SR-22 in California