Veh. Code, § 23136 · Article 1.3. Offenses by Persons Under 21 Years of Age Involving Alcohol
Veh. Code, § 23136
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(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.
Notes and commentary — not statutory text
History
Amended by Stats. 1996, Ch. 10, Sec. 18. Effective February 9, 1996.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=23136.
- Text hash
- sha256 346ea8fcc884894955cf66337e391ce8ce163acd4ccb0ed67c7cd157a6d91922
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 9 provisions
Provisions in this library whose text cites Veh. Code, § 23136. Each shows the citation as that text prints it.
Vehicle Code
- Veh. Code, § 12802.5Printed as Section 23136
- Veh. Code, § 12810Printed as Section 23136
- Veh. Code, § 13353.1Printed as Section 23136 | Section 23136 or 23154
- Veh. Code, § 13353.3Printed as Section 23136
- Veh. Code, § 13353.8Printed as Section 23136
- Veh. Code, § 13380Printed as Section 23136, 23140, 23152, or 23153
- Veh. Code, § 13384Printed as Section 23136
- Veh. Code, § 13388Printed as Section 23136
- Veh. Code, § 13557Printed as Section 23136 | Section 23136, 23140, 23152, 23153, or 23154
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