SECTIONS 23136 - California Statutes

VEHICLE CODE

SECTION 23136

23136. (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.