VC 23140 Underage Drinking & Driving (DUI) w/BAC of %0.05 or Higher. California DUI Lawyers Explain Vehicle Code 23140 Law, Penalty & Defense
- Mar 22
- 3 min read
Updated: Apr 24
In California, It is unlawful for a person under the age of 21 years, who has 0.05 percent or more, by weight of alcohol in his or her blood, to drive a vehicle (VC 23140).
The summary of CA vehicle code 23140 covers the law, penalties and common defenses to the crime of underage drinking and driving (DUI w/BAC of %0.05 or Higher). We have included information for Department of Motor Vehicle (DMV) issues related to underage DUI.
VC 23140 Law
Under California law, a person is in violation of vehicle code 23140 when, at the time of driving under the age of 21 years, he or she is under the influence of, or affected by, an alcoholic beverage, and his or her blood alcohol concentration (BAC) is %0.05 or higher.
Note: A BAC test, such as a breathalyzer or blood test, is not required to prove the underage driver drove a vehicle under the influence of alcohol (VC 23140(b) Abbrev).
Underage Legal Limit: The “legal limit” of BAC for underage drivers is %0.05. This means that penalties for underage DUI start at %0.05 BAC, as opposed to %0.08 for drivers over 20 years of age, but the penalties related to VC 23140 are typically lighter than a DUI driver whose BAC reaches %0.08 or more when driving (See VC 23140 Penalties Below).
VC 23140 Penalties
Infraction Classification: VC 23140 is classified as an infraction. This means that the minor is facing a fine for a first offense underage DUI, with higher fines for subsequent DUI offenses. DMW penalties will also apply (See DMV Penalties for DUI).
Note: An underage driver who is caught driving a motor vehicle with a BAC of %0.08 or more will likely be charged with a misdemeanor DUI (VC 23152) when there is no injury as a result of the DUI, or with a felony DUI (VC 23153) where there is injury as a result of the DUI.
In other words, the underage driver does not face a misdemeanor or felony DUI charge, so long as the driver’s BAC does not rise to a %0.08 or more. See Difference Between Infraction, Misdemeanor & Felony.
DMV Penalties: An underage DUI driver will face license suspension, mandatory interlock ignition device installation, DUI classes, reinstatement of license fees, and more.
Note: Underage drivers who drink and drive, but whose BAC does not rise to the level of %0.05 or more (underage DUI legal limit) will still suffer DMV penalties, including driver license suspension, because California has a “zero tolerance” for underage drinking and driving (VC 23136).
In other words, if the underage driver’s BAC is %0.01 or higher, he or she will lose his or her driver’s license (subject to possible reinstatement with restrictions), but the underage driver will not face criminal court penalties related to VC 23140 until the underage driver’s BAC reaches the underage legal limit of %0.05 or higher.
For more information on misdemeanor DUI charges, please see VC 23152, or felony DUI charges, please see VC 23153.
VC 23140 Defenses
Defenses to underage DUI charges of VC 23140 are similar to those related to Common Defenses to DUI Crimes. These include statute of limitations, insufficient evidence to prove BAC level or driving, coerced confession, illegal search and seizure, Miranda violations, duress, involuntary intoxication, emergency (necessity), and more.
Note: Special defenses apply to all DUI crimes, including VC 23140 underage DUI, regarding the discrediting the quality of chemical test (i.e., breathalyzers & blood tests), and the discrediting of any field sobriety test (FST).
Post-Conviction Relief: Vehicle 23140 is classified as an infraction, as such, post-conviction relief is limited to appealing the infraction conviction and expungement of the traffic infraction.
For more information on the California crime of underage drunk driving, or VC 23140(a), contact our DUI criminal defense lawyers today for a free consultation. Our highly experienced criminal defense lawyers have successfully handled hundreds of DUIs, including infraction, misdemeanor and felony DUI.
Our team represents all VC 23140 charges in the cities and courts of San Bernardino & Riverside County, including Fontana, Victorville, Redlands, Ontario, Rancho Cucamonga, Adelanto, Upland, Jurupa Valley, Mentone, Yucaipa, and more. Call today!
909-913-3138
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