Cars, Kids, and Traffic Laws 

Many youngsters are eager to know when they can get a driver's license.  In California, they must be at least 16 years old to be eligible for a provisional driver's license.  And there are special restrictions and requirements for drivers under 18.  

But even before a teenager can get a provisional license, he or she must obtain aninstruction permit (also called a learner's permit) from the Department of Motor Vehicles (DMV).  There are additional requirements in the California Vehicle Code.  Please call us if you have questions.

Alcohol and Cars

In California, it is unlawful for anyone - driver or passenger - to possess an open container of alcohol in an automobile.  Possession of an open container of alcohol inside a car could lead to $1,000 in fitness and six months in jail.  A minor's license can be suspended or delayed for a year in such circumstances. 

Laws related to driving, alcohol and minors are particularly strict.  It is illegal to carry a closed container of alcohol in a vehicle if anyone in the car - driver or passenger - is under 21 unless the person is accompanied by a parent, legal guardian or other responsible adult designated by the parent or guardian.  If the car's registered owner (whether he or she is driving or simply a passenger) illegally possesses an alcoholic beverage, the vehicle can be impounded for up to 30 days.  An exception to this law would apply if the minor works for a licensee of the Alcoholic Beverage Control Act. and is transporting alcohol during normal business hours.

In addition, it is illegal for anyone under the age of 21 to drive a vehicle if he or she has a blood-alcohol concentration (BAC)  of 0.01 percent or more.  For adults who are 21 or older, the illegal BAC is higher, 0.08 percent or more. 

What will happen if my teenager is stopped by police for driving under the influence of alcohol?

The police officer may administer a breath, blood, or urine test to determine the driver's blood-alcohol level.  And the driver may not refuse to take this test without facing serious penalties.  Those who do not submit to a BAC test could be fined or imprisoned and could have their driver's license suspended or revoked for a period of one to three years.  

And even if a breath, blood or urine test is not performed, a young person could still be convicted of driving under the influence (DUI).  A chemical test is not required for a conviction if the judge or jury concludes that the person under the age of 21 did consume an alcohol beverage and was driving a vehicle.  

If your child is convicted of DUI and is under 18, his or her license will be revoked until he or she reaches the age of 18, or for one year, or for even longer if he or she has committed prior offenses.

In most cases, a minor convicted of DUI also would be required to participated in an alcohol education or community service program.  If the individual is over 18, he or she would be required to pay the cost of attending this program; otherwise, the expenses would be charged to the minor's parents.  If you child fails to complete a court-ordered alcohol education or community service program, a court might revoke or suspend his or her driver's license.  And if the minor does not yet have a license, he or she would be delayed in receiving one.  These sanctions would remain in effect until the minor completes the court-ordered program or reaches 21.  

Finally, anyone who has a driver's license suspended or revoked may also have his or her can insurance canceled.  And a DUI conviction disqualifies an individual from receiving a "Good Driver Discount" insurance policy for the nest 10 years.