Costa Mesa PoliceUnder Age Drinking and Driving

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• INTRODUCTION:

• This class is to help you identify the different vehicle code violations and specific procedures that can be used in the enforcement of under age drinking and driving.

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• Learner’s permit

• After you pass your initial written driver’s test, you will be issued a learner’s permit. With your Permit, you must be accompanied and supervised by a license parent, guardian or other licensed driver 25 years of age or older, or by a licensed or certified driving instructor.

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• Provisional driver license restrictions during the first year.

• After you pass your driving test, you will be issued a provisional CDL. With your provisional CDL, you must be accompanied and supervised by a license parent, guardian or other licensed driver 25 years of age or older, or by a licensed or certified driving instructor when you:

• 1. Transport passengers under 20 yrs of age • 2. Drive between 11 pm and 5 am

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• EXCEPTIONS TO RESTRICTIONS

• When reasonable transportation is not available and it is necessary for you to drive, the law grants the following exceptions for provisional license holders to drive between 11 pm and 5 am or to transport an immediate family member unaccompanied and unsupervised.

• A signed note must be kept in your possession for any of these exceptions explaining the necessity and the date when the driving necessity will end.

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• EXCEPTIONS TO RESTRICTIONS

• Medical necessity when reasonable transportation alternatives are inadequate. The note must be signed by your physician, and contain the diagnosis and probable date of recovery.

• Schooling or school-authorized activity. The note must be signed by your school principal or dean.

• Employment necessity and the need to operate a vehicle as part of your employment. The note must be signed by you employment.

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• EXCEPTIONS TO RESTRICTIONS

• Your necessity or the necessity of an immediate family member. The note must be signed by your parent or legal guardian.

• If you are an emancipated minor, no documentation is needed. However you must have already declared yourself emancipated and provided the DMV with your proof of Financial Responsibility.

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• ENFORCEMENT:

• Police Officers will use specific vehicle code violations when dealing with persons driving and drinking when less than 21 years of age.

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• Specifically CVC 23136 (PAS Screen) and CVC 23140 (Persons under 21).

• These sections are not meant to bar minors from prosecution under CVC 23152 (Misd DUI) and CVC 23153 (Fel DUI)

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• CVC 23136:

• Vehicle code section 23136 states it is illegal for a person less than 21 years of age to operate a motor vehicle with a blood-alcohol concentration of .01% or greater.

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• CVC 23136:

• This section gives the officer the ability to obtain a PAS test or chemical test if the officer has reasonable cause to believe the person driving the vehicle has a BAC of .01% or greater.

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• CVC 23136:

• All persons less than 21 years of age have already given implied consent to a PAS or blood test or they would not have be given their driver’s license.

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• CVC 23136:

• Per this section a driver who is under 21 years of age and refuses a PAS or blood test will have their driver license suspended or revoked for a period of 1 to 3 years.

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• CVC 23136:

• **** To enforce this section a police officer does not have to show impairment. All he/she needs is reasonable cause to believe the under age driver has consumed alcohol.

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• CVC 23136:

• Reasonable cause:• Self admission of consuming an alcohol• The odor of an alcoholic beverage on breath or person• Bloodshot & watery eyes• Open alcoholic beverage in vehicle

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• ELEMENTS OF CVC 23136:• Driving a motor vehicle• Less than 21 years of age• Reasonable cause driver has consumed alcohol• PAS/Chemical test resulting in .01% BAC

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• RESULTS OF CVC 23136:

• Arrest/cite• Confiscate Driver’s license• Issue DMV Admin Per Se Form (Susp)• Impound vehicle

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• CVC 23140

• Vehicle code section 23140 states that it is unlawful for a person under 21 years of age who has a BAC .05% or more of alcohol in his or her blood to drive a vehicle.

• This section can be applied when the BAC of a under age driver is .05% to .07%.

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• CVC 23140

• When this section is applied the officer will usually conduct a full DUI investigation.

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• ELEMENTS CVC 23140:

• Driving a motor vehicle• Less than 21 years of age• Reasonable cause to be believe under age drive has

consumed alcohol• Under the influence affected by an alcoholic beverage• PAS/Chemical test resulting in .05 BAC or higher

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• RESULTS OF CVC 23140:• Arrest/cite• Confiscate Driver’s license• Issue DMV Admin Per Se Form (Susp)• Impound vehicle