1. Costa Mesa Police Under Age Drinking and Driving

2. Costa Mesa Police 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.

3. Costa Mesa Police 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.

4. Costa Mesa Police 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

5. Costa Mesa Police 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.

6. Costa Mesa Police 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.

7. Costa Mesa Police 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.

8. Costa Mesa Police ENFORCEMENT: Police Officers will use specific vehicle code violations when dealing with persons driving and drinking when less than 21 years of age.

9. Costa Mesa Police 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)

10. Costa Mesa Police 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.

11. Costa Mesa Police 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.

12. Costa Mesa Police 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.

13. Costa Mesa Police 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.

14. Costa Mesa Police 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.

15. Costa Mesa Police 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

16. Costa Mesa Police 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

17. Costa Mesa Police RESULTS OF CVC 23136: Arrest/cite Confiscate Driver’s license Issue DMV Admin Per Se Form (Susp) Impound vehicle

18. Costa Mesa Police 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%.

19. Costa Mesa Police CVC 23140 When this section is applied the officer will usually conduct a full DUI investigation.

20. Costa Mesa Police 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

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