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Do you know the legal consequences if your child is caught drinking alcohol?

Legal Repercussions. The legal ramifications for drinking underage vary by state.

Within the state of California:

  • The legal maximum Blood Alcohol Concentration (BAC) is 0.01% for drivers under 21.
  • It is illegal for persons under 21 to purchase or possess alcoholic beverages.
  • It is illegal for those under age 21 to drink, buy, attempt to buy, possess or transport alcohol.
  • It is illegal to use a fake ID to purchase alcohol.
  • Anyone under 21 who drives with alcohol in his/her system will face license suspension or revocation for one to three years.
  • Police will confiscate the license of a driver under the age of 21 with a BAC of 0.01% or greater. If a driver refuses to take a BAC test when asked by the police, his/her license will be suspended for one or more years.
  • Drivers under 21 still can be prosecuted for Driving Under the Influence (DUI) with a BAC of 0.05% or more.
  • A minor who is convicted of a drug or alcohol-related offense will suffer a one year license suspension, even if no driving was involved in the offense.

Zero Tolerance Law. All States and the District of Columbia have a “zero tolerance” policy with regard to drivers under the age of 21 found to have any measurable blood alcohol content (defined as 0.02 percent or higher). Young drivers who are found to have a blood alcohol content higher than 0.02 percent can have their license immediately seized and revoked and be subject to significant fines. This enforcement strategy is connected to Federal highway dollars to ensure continued State support; variations on this policy exist among the U.S. territories and possessions.

In reality, “Zero Tolerance” means teens cannot drink any alcohol. In fact, less than one-half of a beer would put most teens over the legal limit.

DUI Consequences

  • DUI convictions now stay on a driver’s record for ten years.
  • A license may be refused to a teen if he/she has a history of alcohol or drug abuse or has used a license illegally.

References:
Parents. 2005. Leadership to Keep Children Alcohol Free. Available at: http://www.alcoholfreechildren.org/en/audiences/parents.cfm. Accessed on [10/02/06]

Underage Drinking Prevention Action Guide and Planner. 2001. Center for Substance Abuse Prevention. Available at: http://media.shs.net/prevline/pdfs/phd858.pdf#search=%22underage%20drinking%20prevention%20action%20guide%20and%20planner%22. Accessed on [08/25/06]

Underage Drinking Prevention Action Guide and Planner. 2001. Center for Substance Abuse Prevention. Available at: http://media.shs.net/prevline/pdfs/phd858.pdf#search=%22underage%20drinking%20prevention%20action%20guide%20and%20planner%22. Accessed on [08/25/06]

Underage Drinking Prevention Action Guide and Planner. 2001. Center for Substance Abuse Prevention. Available at: http://media.shs.net/prevline/pdfs/phd858.pdf#search=%22underage%20drinking%20prevention%20action%20guide%20and%20planner%22. Accessed on [08/25/06]

Underage Drinking Prevention Action Guide and Planner. 2001. Center for Substance Abuse Prevention. Available at: http://media.shs.net/prevline/pdfs/phd858.pdf#search=%22underage%20drinking%20prevention%20action%20guide%20and%20planner%22. Accessed on [08/25/06]

Make a Difference: Talk to your child about alcohol. 2000. National Institute on Alcohol Abuse and Alcoholism. Available at: http://www.alcoholfreechildren.org/en/pubs/pdf/makeadifference.pdf. Accessed on [9/6/06]

Underage Drinking and Driving: A Parent and Teen Guide. 2006. The Alcohol & Impaired Driving Work Group of the Traffic Safe Communities Network.

Make a Difference: Talk to your child about alcohol. 2000. National Institute on Alcohol Abuse and Alcoholism. Available at: http://www.alcoholfreechildren.org/en/pubs/pdf/makeadifference.pdf. Accessed on [9/6/06]

Adults Most Common Source of Alcohol for Teens, According to Poll of Teens 13-18. Alcohol Policy MD.com. Available at: http://www.alcoholpolicymd.com/press_room/Press_releases/adults_give_youth_alcohol.htm. Accessed on [10/03/06]

Underage Drinking and Driving: A Parent and Teen Guide. 2006. The Alcohol & Impaired Driving Work Group of the Traffic Safe Communities Network.

Underage Drinking Prevention Action Guide and Planner. 2001. Center for Substance Abuse Prevention. Available at: http://media.shs.net/prevline/pdfs/phd858.pdf#search=%22underage%20drinking%20prevention%20action%20guide%20and%20planner%22. Accessed on [08/25/06]

Dangers in Drinking. USA Today. 6/6/2005.

Adult Accountability for Underage Drinking: The Case for Social Host Laws. East County Community Change Project. Institute for Public Strategies. May, 2003.

Hoover, S.A. Policy Strategies to Reduce Underage and Binge Drinking. Community Prevention Institute.

Adult Accountability for Underage Drinking: The Case for Social Host Laws. East County Community Change Project. Institute for Public Strategies. May, 2003.

Adult Accountability for Underage Drinking: The Case for Social Host Laws. East County Community Change Project. Institute for Public Strategies. May, 2003.

A Practical Guide to Preventing and Dispersing Underage Drinking Parties. 2005. Pacific Institute for Research and Evaluation: Underage Drinking Enforcement Training Center.

Underage Drinking and Driving: A Parent and Teen Guide. 2006. The Alcohol & Impaired Driving Work Group of the Traffic Safe Communities Network.