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HomeVehicle CodeDiv. 11Ch. 12Art. 1.3§ 23136 Underage Driving Alcohol Limit

§ 23136 Underage Driving Alcohol Limit

Vehicle Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 23136 Underage Driving Alcohol Limit

This law says if you're under 21, you can't drive with even a tiny bit of alcohol in your system. Even one sip of beer could get you in trouble.

Key Takeaways

  • •If you're under 21, don't drink *any* alcohol before driving—even one sip can get you in trouble.
  • •Police can make you take a breath test if they think you've been drinking, and refusing the test can get your license suspended.
  • •This law is stricter than the adult drinking-and-driving law—adults can have up to 0.08% BAC, but for under-21, it's almost zero.

Example

A 20-year-old drinks half a beer at a party and then drives home.

Even though they only had a little alcohol, they can still get arrested because the law says no alcohol at all if you're under 21 and driving.

How to Calculate

Blood-alcohol concentration (BAC) ≥ 0.01%

  1. A police officer stops you because they think you might have been drinking.
  2. They give you a breath test (like blowing into a small machine) to check your alcohol level.
  3. If the test shows your BAC is 0.01% or higher, you break this law.

A 19-year-old weighs 150 pounds and drinks one small beer (12 oz, 5% alcohol).

Result: BAC ≈ (0.6 × 5.14 / 150) - 0 ≈ 0.0206%. This is above 0.01%, so it breaks the law.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 23136 Underage Driving Alcohol Limit

(a) Notwithstanding Sections 23152 and 23153, it is unlawful for a person under the age of 21 years who has a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test, to drive a vehicle. However, this section shall not be a bar to prosecution under Section 23152 or 23153 or any other provision of law. (b) A person shall 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 the trier of fact finds that the person had consumed an alcoholic beverage and was driving a vehicle with a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test. (c) (1) Any person under the age of 21 years who drives a motor vehicle is deemed to have given his or her consent to a preliminary alcohol screening test or other chemical test for the purpose of determining the presence of alcohol in the person, if lawfully detained for an alleged violation of subdivision (a). (2) The testing shall be incidental to a lawful detention and administered at the direction of a peace officer having reasonable cause to believe the person was driving a motor vehicle in violation of subdivision (a). (3) The person shall be told that his or her failure to submit to, or the failure to complete, a preliminary alcohol screening test or other chemical test as requested will result in the suspension or revocation of the person’s privilege to operate a motor vehicle for a period of one year to three years, as provided in Section 13353.1. (Amended by Stats. 1996, Ch. 10, Sec. 18. Effective February 9, 1996.)

Last verified: January 9, 2026

Key Terms

blood-alcohol concentrationpreliminary alcohol screening testchemical testsuspension or revocation

Related Statutes

  • § 23154 Dui Probation Alcohol Limit
  • § 23100 Vehicle Application Scope
  • § 23103 Reckless Driving Penalties
  • § 23103.5 Dui Plea Fact Requirements
  • § 23104 Reckless Driving Injury Penalties

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Vehicle Code. Section 23136.
View Official Source