California Law & Penalty for Dip Under 21
California law imposes substantial penalties on people under 21 who are convicted of being drunk in public (DIP). The offense under California Penal Code Section 647(f) is classed as a criminal misdemeanor punishable by a fine of up to $250 and up to six months in jail, plus court costs. Additionally, people under age 21 automatically lose their driver's license for 12 months, even though they were not driving at the time.
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DIP Legal Definition
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DIP is defined as being so much under the influence of alcohol or drugs in a public place that you are unable to care for yourself or another person in your care, or are obstructing a street or sidewalk or being otherwise disorderly due to your intoxication, according to the William C. Makler law firm.
Police Discretion
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Police have considerable discretion over whether to arrest someone for DIP or simply place him in protective civil custody to sober up. Many California cities have sobering centers where police can take a person to sleep off being without any criminal penalty. But if the person has committed some other crime, is violent or otherwise presents a danger to himself or others, is also on drugs or requires a hospital, then he will be arrested for DIP.
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If You Are Under 21
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The DIP penalty that takes away the driver's license for persons under age 21 applies even if you weren't driving a vehicle, don't own a vehicle, aren't a California resident or don't have a California driver's license, according to the Makler firm. If convicted of DIP, you can't legally drive in California for one year, unless the judge chooses to grant limited driving privileges for going to work or school. If you don't have a California license, you will have to wait an additional 12 months before you can receive one.
Other Teen Alcohol Offenses
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A person under age 21 who is caught possessing alcohol in public, even if he is sober and on foot, is subject to a $250 fine and up to 32 hours of community service, according to the California Department of Alcoholic Beverage Control (ABC). Additionally, his driver's license is suspended for one year. The same penalties apply if a minor is caught attempting to buy alcohol or is caught with false identification.
Zero-tolerance Law
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California has a zero-tolerance alcohol law that applies to drivers under age 21. They are considered to be driving under the influence of alcohol if they have a blood alcohol level of 0.01 percent, equivalent to a single alcoholic drink, according to the California ABC. Under California law, refusal to take a blood alcohol test is an admission of guilt to driving under the influence of alcohol. This means a $100 fine plus court costs and automatic loss of driving privileges for one year on a first offense. The youthful offender also must complete a state-approved teen alcohol education program at his own expense before his license can be reinstated and pay a $100 fee to get his license back.
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References
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