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Is California Vehicle code 23136 (a) a civil offense, infraction or misdemeanor?

San Francisco, CA |

Does a conviction for a civil offense mean that you must state you've been convicted when you apply for a job?
What about a misdeameanor?

Attorney Answers 3


Misdemeanors and felonies count as a criminal conviction. An infraction does not.

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It is a civil offense and is prosecuted by the DMV. You do not have to disclose it on a job application.
Robert Driessen

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Mr. Driessen is incorrect. Vehicle Code 23136, person under 21 driving with blood alcohol of .01 percent or higher, is NOT "prosecuted by DMV."

Prior to 2007, VC 23136 was only handled through DMV administrative proceedings, but for the past three and a half years, it has also been an infraction that can be prosecuted through the criminal courts.

The fine, once you add the penalties and other assessments, is about $330, but a conviction will also result in a one year driver license suspension. If you fail to report to court on the date on your ticket, you could be charged with failure to appear.

DMV can also suspend your license for one year, under an administrative procedure, for violating the "zero tolerance" provisions of VC 23136. You are entitled to a hearing before DMV can take your license, but you must contact DMV and request the hearing within ten days of being cited, or the license suspension will automatically take effect 30 days after you were cited.

Although most employers cannot inquire about infractions, if your job requires driving, they will certainly learn about a conviction for VC 23136 or a DMV suspension when they pull up your DMV records.

Please understand that this is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. It's impossible to give detailed, accurate advice based on a few sentences on a website (and you shouldn't provide too much specific information about your legal matter on a public forum like this, anyway). You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information.

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