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Under 21 Driving Under The Influence & The DMV APS Hearing

Whether you are 21 years old or older, or under 21 years old, if you are arrested for driving under the influence, two separate actions are triggered. The first is the Administrative Per Se, or APS, action from the California Department of Motor Vehicles, which deals with the suspension of your driving privileges. The second is the criminal process through the Superior Court, which deals with criminal penalties such as probation, fines, DUI programs, community service, possible jail time, and a range of other possible penalties. This blog article deals specifically with the Zero Tolerance Law and the DMV APS action.

In California, it is illegal for anyone under the age of 21 to consume alcohol. It is also illegal for anyone under 21 to drive if they have any measurable amount of alcohol in their system. Once the under 21 year old is detained or arrested, they must submit to a preliminary alcohol screening test, PAS, or other chemical test. If their blood alcohol content (BAC) is found to be .01% or greater, they will be given notice that their license will be automatically suspended in 30 days unless they request a hearing challenging the suspension within 10 days of the arrest. The suspension for a first offense is one year.

If the under 21 driver submitted a PAS sample or completed another chemical test, there are only 3 issues that the hearing officer will consider at the hearing. 1.) Did the peace officer have reasonable cause to believe you had been driving a motor vehicle in violation of sections 23136, 23140, 23152, 23153, or 23154 of the Vehicle Code? 2.) Were you lawfully placed under arrest, or if the alleged violation was of section 23136 or 23154 of the Vehicle Code, were you lawfully detained? 3.) Were you driving a motor vehicle…under 21 years of age and had a blood alcohol concentration of .01% or more as measured by a preliminary alcohol screening test, or any other chemical test?

You have a right to retain a DUI defense attorney to represent your interests at the APS hearing.


You may present evidence in defense of your case, including oral testimony and documentary evidence. You owe it to yourself to hire a criminal defense attorney who handles drunk driving cases. Your attorney can review the DMV’s evidence, advise you on the best approach for your hearing, and conduct the hearing on your behalf. If you are not successful at the hearing, your license will be suspended. However, if you prevail, the DMV will set aside the action and you will retain your driving privileges.

If you’re charged with driving under the influence of alcohol and/or drugs in San Diego, and you need help with the DMV APS hearing or the criminal court process, call the Law Offices of Susan L. Hartman for help. We offer a free, confidential phone consultation, so you can learn about your rights and options with no obligation. Call us at 619-260-1122 or use the “Contact Us” form on this page.

The blog article above is by no means all-inclusive and is not legal advice. For information about a specific case, speak to a DUI defense lawyer in your area.