Tougher Penalties for Minors Who Drink and Drive

Orange County legislator sponsors bill signed into law by
Schwarzenegger
 
Morgan Hill – Teens caught drinking and driving will face a criminal penalty, in addition to suspension of their driver’s licenses, thanks to AB 2752, which was recently signed by Governor Arnold Schwarzenegger. The new law goes into effect Jan. 1.

The new law strengthens the punitive options for law enforcement officials, Morgan Hill police Sgt. David Swing said.

Before the law was passed, teenagers found driving with a blood alcohol level of .05 lost their driver’s license. The new law will make it a crime for a minor to operate a vehicle with a blood alcohol level of .01 or above, punishable by fine of $100 for a first violation resulting in a conviction, $200 for a second infraction within the same year and $300 for a third violation.

The teen’s license will also be suspended.

“We have had vehicle code 23140, which makes it illegal for minors to have a blood alcohol level of .05 or more when driving, but this new law brings the limit down. For a teenager, losing their license is a big impact. This law adds a financial impact as well,” Swing said.

Current law sends a mixed message, as it is a criminal offense for a minor to possess an alcoholic beverage, but it is not illegal for that same person to drive a vehicle, unless their blood alcohol level is .05 or above.

“This bill gives California a true zero-tolerance police for underage drinking and driving,” Assemblyman Todd Spitzer, the bill’s sponsor, said. “Current law only allows for law enforcement to impound an underage driver’s car for one day and notify the DMV of the incident. This legislation will get the real attention of parents, the teenage driver, the DMV, police and insurance companies before an underage driver kills or injures someone.”

During 2005, according to information from the California Highway Patrol, 1,348 minors were cited by officers for driving after drinking. There were 5,218 collisions involving underage alcohol consumption, including 122 fatalities.

The CHP has several educational programs for teens, including Start Smart, Right Turn and Every 15 Minutes, which warn of the dangers of drinking and driving. 

“But some people don’t respond to our educational efforts, so that means we have to resort to enforcement and penalties,” said CHP Chief Skip Carter. “This will be one more weapon in our arsenal to enforce traffic safety laws and save lives.”