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Persons Under 21

California Vehicle Code Section 23136

23136. (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.

Office Location and Areas We Serve

The Law Office of Robert Tayac is located in San Francisco at 505 Montgomery Street, 11th Floor San Francisco, California 94111. Satellite offices are maintained in Napa, Redwood City, San Rafael, and Walnut Creek.

For more information on driving under the influence matters in neighboring cities and counties, feel free to review the county specific information on the resource pages listed below:

  • San Francisco
  • Marin County
  • San Mateo County
  • Oakland
  • Walnut Creek
  • San Rafael
  • Alameda County
  • Contra Costa County
  • Napa
  • Palo Alto

Contact The Office

Robert Tayac and the DUI investigators and experts working with him have been helping people who have been arrested for driving under the influence in San Francisco and the surrounding counties for more than twenty years. If you hire the Law Office of Robert Tayac to handle your DUI case, you will know that you have retained the services of the most knowledgeable, experienced, and trustworthy San Francisco DUI defense team.

Contact the Law Office of Robert Tayac for your free case evaluation!

Why Choose Our Firm?

Attorney Robert Tayac Puts a Long, Decorated Career to Work for You
  • Puts Over 20 Years of Experience Toward Your Case

  • Specialized Education in DUI Defense

  • Has Trained Other Attorneys in San Francisco

  • Former San Francisco Police Officer & Police Inspector

  • Certified by the SFPD on the Intoxilyzer 5000 Testing Device

  • Co-Authored the 4th Edition of California Drunk Driving Defense

  • Boasts a Successful Record Achieving the Best Result for His Clients

  • Takes the Time to Understand You & Your Case

Client Testimonials

  • “His in depth knowledge and expertise within his field, along with deep and lasting relationships with the District Attorneys office and everyone involved are without a doubt unmatched.”

    S.M.

  • “His guidance through the whole process during a difficult and emotional time was such a support. I highly recommend him. He is simply the best DUI attorney.”

    Former Client

  • “These clients have called me to thank me for referring them to the Law offices of Robert Tayac.”

    R.R., Attorney at Law

  • “Very professional and has a great human element that many lawyers don't have.”

    Former Client

  • “I did have to pay a fine and attend a 3 month school but I was able to maintain my license.”

    R.C.

Contact Us Today

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