California has strict laws concerning alcohol and driving, especially for drivers under the age of 21. California Vehicle Code § 23140 specifically addresses driving by a person under 21 with a blood alcohol concentration (BAC) of 0.05% or greater.
Many people mistakenly believe that a person cannot face a DUI-related charge unless their BAC is at least 0.08%. That is not the case for drivers under 21. California law establishes a lower BAC threshold for this age group.
This article explains what Vehicle Code § 23140 means, who it applies to, the penalties that may result, how it differs from other California underage DUI laws, and what to know after receiving a citation.
What Is California Vehicle Code § 23140?
California Vehicle Code § 23140 makes it unlawful for a person under 21 years of age to drive a vehicle with a BAC of 0.05% or greater.
To establish a violation, the prosecution generally must prove:
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The person drove a vehicle.
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The person was under 21 years old when driving.
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The person’s BAC was 0.05% or greater when the person drove.
Unlike California’s general 0.08% BAC provision, § 23140 specifically applies to qualifying drivers under 21.
Is a .05 BAC a DUI in California for Someone Under 21?
A person under 21 who drives with a BAC of 0.05% or greater can be cited for violating Vehicle Code § 23140.
For example, a 20-year-old driver has a BAC of 0.06% after being stopped by law enforcement. Because the driver is under 21 and the BAC is above the .05% threshold, the facts can support a § 23140 violation.
A BAC does not have to reach 0.08% for § 23140 to apply.
However, § 23140 is a specific under-21 offense and is classified as an infraction. Other DUI laws may apply depending on the driver’s BAC and the circumstances of the incident.
What Are the Requirements for a VC 23140 Violation?
The Driver Must Be Under 21
The law applies to a person who has not yet reached age 21 at the time of the alleged driving.
Being close to turning 21 does not change the requirement. For example, a person who is 20 years old when the alleged driving occurs can still be subject to § 23140 even if their 21st birthday is approaching.
The Person Must Have Driven a Vehicle
The statute concerns driving. Simply possessing alcohol or having alcohol in one’s system does not, by itself, establish a § 23140 violation.
The prosecution must establish that the person drove a vehicle.
The BAC Must Be .05% or Greater
The relevant BAC threshold is 0.05%.
For purposes of § 23140:
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0.03% is below the threshold.
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0.04% is below the threshold.
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0.05% meets the threshold.
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0.06% exceeds the threshold.
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0.08% or higher may also implicate California’s general DUI laws.
The circumstances surrounding the alcohol test can also matter when determining whether the BAC evidence is reliable and legally admissible.
Is VC 23140 a Misdemeanor or Felony?
No. Vehicle Code § 23140 is an infraction.
An infraction is less serious than a misdemeanor or felony and is not punishable by imprisonment.
However, an infraction under § 23140 can still have significant consequences, particularly for a young driver’s license and driving record.
What Are the Penalties for Vehicle Code § 23140?
The statutory base fine for a first violation is generally $100.
For certain subsequent qualifying violations, the statutory fine can increase:
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First violation: $100
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Second qualifying violation: $200
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Third or subsequent qualifying violation: $300
These are base statutory fines. Additional assessments and court-related amounts can increase the total financial obligation.
A Vehicle Code § 23140 conviction can also result in consequences beyond the fine.
Can a Vehicle Code 23140 Conviction Suspend Your License?
Yes.
A conviction under Vehicle Code § 23140 can result in a one-year suspension of driving privileges for a qualifying driver under 21.
If the person does not yet have a driver’s license, California law can instead delay the person’s ability to obtain driving privileges.
Because driver’s-license consequences can involve the DMV as well as the court, resolving the court case does not necessarily mean every DMV issue has been resolved.
Is DUI School Required for VC 23140?
For a person who is 18 years of age or older, California law can require completion of a licensed driving-under-the-influence program following a qualifying § 23140 conviction.
The applicable program requirements can depend on whether the person has qualifying prior alcohol- or DUI-related convictions.
This requirement is separate from the monetary fine and driver’s-license consequences.
Is Traffic School Available for VC 23140?
Generally, no.
Vehicle Code § 23140 is not ordinarily eligible for California’s standard traffic-violator-school program.
A person should therefore not assume that completing traffic school will resolve the consequences of a § 23140 violation in the same way it might for certain ordinary traffic infractions.
Does a VC 23140 Charge Require a Court Appearance?
A Vehicle Code § 23140 citation can require a mandatory court appearance.
The citation and court paperwork should be reviewed carefully because the specific court, appearance date, and instructions will depend on where the citation was issued.
Ignoring a required court appearance can create additional legal problems.
What Is the Difference Between VC 23140 and California’s .01% Underage Alcohol Law?
California has another set of restrictions for drivers under 21 that can apply at a BAC of 0.01% or greater.
This is sometimes called California’s underage “zero-tolerance” law.
The two provisions should not be confused:
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Vehicle Code § 23140: generally applies to an under-21 driver with a BAC of 0.05% or greater.
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Separate under-21 alcohol restrictions: can apply at 0.01% or greater.
Therefore, a BAC below .05% does not necessarily mean that an underage driver faces no consequences.
What Is the Difference Between VC 23140 and a .08% DUI?
California’s general DUI laws include provisions involving a BAC of 0.08% or greater.
Vehicle Code § 23140 establishes a lower threshold specifically for qualifying drivers under 21.
For example, consider two drivers:
Driver A: 20 years old with a BAC of 0.06%.
The BAC is below .08%, but the driver can potentially be charged under § 23140 because the driver is under 21 and the BAC is at least .05%.
Driver B: 25 years old with a BAC of 0.06%.
The person does not fall under § 23140 because that statute applies to drivers under 21. Different DUI laws may still be relevant depending on the circumstances.
What Happens if the BAC Is Exactly .05%?
A BAC of exactly 0.05% meets the threshold under Vehicle Code § 23140.
The statute applies when the BAC is 0.05% or greater, so the BAC does not have to be higher than .05%.
This makes the accuracy and circumstances of the alcohol test potentially important in a case where the reported BAC is close to the statutory threshold.
What If the BAC Test Was Incorrect?
The BAC result can be an important part of a Vehicle Code § 23140 case.
Depending on the circumstances, questions may arise about:
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The type of alcohol test used.
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When the test was administered.
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Whether testing equipment was properly maintained.
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Whether required testing procedures were followed.
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The timing between driving and testing.
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Whether multiple test results are consistent.
A person should not assume that every testing problem automatically invalidates a BAC result. The significance of a testing issue depends on the specific evidence and applicable California law.
Can You Be Charged if You Did Not Feel Drunk?
Yes.
A person does not necessarily have to feel intoxicated for Vehicle Code § 23140 to apply.
The statute focuses on the driver’s age, the fact of driving, and the BAC threshold. For example, a 20-year-old might believe they feel completely normal after consuming alcohol. If the prosecution establishes that the person drove with a BAC of .05% or greater, the person’s subjective belief about whether they felt drunk does not by itself eliminate a potential § 23140 violation.
Examples of California Vehicle Code § 23140
Example 1: 20-Year-Old With a .06 BAC
A 20-year-old drives after consuming alcohol. A chemical test reports a BAC of 0.06%.
Because the driver is under 21 and the BAC is at least .05%, the facts potentially satisfy the requirements of Vehicle Code § 23140.
Example 2: 19-Year-Old With a .04 BAC
A 19-year-old has a reported BAC of 0.04%.
The BAC is below the .05% threshold for § 23140. However, other California laws concerning underage drinking and driving may still apply.
Example 3: 20-Year-Old With a .09 BAC
A 20-year-old driver has a BAC of 0.09%.
The BAC exceeds the .05% threshold for § 23140 and also reaches the .08% threshold associated with California’s general DUI laws. Depending on the circumstances, additional DUI charges may be considered.
What Should You Do After Receiving a VC 23140 Citation?
After receiving a Vehicle Code § 23140 citation, carefully review the paperwork and note all deadlines.
Pay attention to:
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The exact Vehicle Code section listed.
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The required court appearance date.
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Whether the appearance is mandatory.
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The reported BAC.
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Any DMV notice concerning your driving privileges.
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Any additional charges listed on the citation.
Court proceedings and DMV proceedings can involve separate requirements and deadlines.
Frequently Asked Questions
Can you get a DUI at .05% if you are under 21 in California?
Yes. A driver under 21 can potentially be charged under Vehicle Code § 23140 for driving with a BAC of .05% or greater.
Is .05% BAC illegal for someone under 21?
A BAC of .05% or greater can constitute a violation of Vehicle Code § 23140 when the person is under 21 and was driving.
Is VC 23140 a misdemeanor?
No. A violation of Vehicle Code § 23140 is an infraction.
What is the fine for a first VC 23140 violation?
The statutory base fine for a first violation is generally $100. Additional assessments can increase the total amount owed.
Can a .05 BAC suspend your California driver’s license?
Yes. A qualifying § 23140 conviction can result in a one-year suspension of driving privileges for a driver under 21.
Is traffic school available for VC 23140?
Generally, no. Vehicle Code § 23140 is not ordinarily eligible for standard traffic-violator school.
Do you have to go to court for VC 23140?
A § 23140 citation can require a mandatory court appearance. The citation and court paperwork should be reviewed for the specific requirements.
What happens if your BAC is below .05%?
A BAC below .05% does not meet the BAC threshold for Vehicle Code § 23140. However, separate California laws governing drivers under 21 can apply at lower BAC levels.
Key Takeaways
California Vehicle Code § 23140 establishes a specific alcohol-and-driving offense for people under 21.
The most important points are:
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Under 21 + driving + BAC of .05% or greater can result in a § 23140 violation.
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The offense is an infraction, not a misdemeanor or felony.
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The base fine for a first violation is generally $100.
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A conviction can result in a one-year driver’s-license suspension.
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Drivers 18 and older can be required to complete a licensed DUI program following a qualifying conviction.
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Traffic school is generally not available for a § 23140 violation.
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A citation can require a mandatory court appearance.
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California also has separate under-21 alcohol laws that can apply at BAC levels below .05%.
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A BAC of .08% or greater can potentially create additional DUI issues.
Contact Southwest Legal
A Vehicle Code § 23140 charge can affect more than just your wallet. A conviction may have consequences for your driver’s license, driving record, and required alcohol education.
If you have received a citation for driving under 21 with a BAC of .05% or greater, Southwest Legal can help you understand the charge, the process, and the potential consequences under California law.
Don’t face uncertainty about your underage DUI charge alone. Contact us today for a free consultation and learn more about your legal options.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice or create an attorney-client relationship unless and until the firm and client enter into an agreement for legal services. Laws may change, and legal outcomes depend on the specific facts of each case. Consult a qualified attorney for advice regarding your situation.