Close

Former Senior LA Prosecutor.
Harvard Law School Educated.
Now Providing an Aggressive Defense For You.

California Vehicle Code Section 23140 VC: Under 21 DUI With Blood Alcohol Content Between 0.05-0.07 Percent

1. Definition and Elements of the Offense

Because the legal drinking age in California is 21, the law recognizes that there should be penalties for underage DUI drivers in Los Angeles who have any measurable amount of alcohol in their system. In addition to losing their licenses for a year, drivers in California who are under 21 and who are found to have a blood alcohol content between 0.05 and 0.07 percent can be punished under California Vehicle Code Section 23140 VC.

To violate California Vehicle Code Section 23140 VC, the following elements must exist:

  1. The driver was under 21 years old
  2. At the time of driving, the driver had a blood alcohol content greater than 0.05 percent

While under 21 DUI with a blood alcohol content between 0.05 and 0.08 percent is an infraction, misdemeanor criminal charges of DUI or driving with a blood alcohol content of 0.08 or higher pursuant to California Vehicle Code Section 23152 VC can be charged if the driver’s BAC was 0.08 or higher. In addition, the underage driver would face a yearlong driver’s license suspension pursuant to California Vehicle Code Section 23136 VC.

2. Related Offenses

Similar offenses include the following:

  1. Driving under the influence of alcohol and/or drugs – California Vehicle Code Section 23152(a) VC
  2. Driving with a blood alcohol content of 0.08 percent or higher - California Vehicle Code Section 23152(b) VC
  3. Under 21 DUI with any measurable amount of alcohol - California Vehicle Code Section 23136 VC

3. Examples

A young woman goes to a friend’s party the day before her 21st birthday. The woman has two drinks over the course of the night and is stopped by police while driving home. She submits to chemical testing and is found to have a blood alcohol content of 0.07 percent. The woman could be cited for under 21 DUI with a blood alcohol content between 0.05 and 0.07 percent and could lose her license for a full year. If the incident had occurred one day later, when the woman had turned 21, she would not be guilty of any offense (assuming she was not driving in a manner consistent with being under the influence) and would not lose her license.

4. Defenses to Under 21 DUI with a Blood Alcohol Content Between 0.05 and 0.07 Percent

Just as with other DUI offenses, if there was insufficient probable cause to justify the vehicle stop, the resulting evidence would be suppressed and there would be no violation of California Vehicle Code Section 23140 VC.

In addition, there may be cause to challenge the results of chemical testing, especially if the PAS device or other breath testing device was not properly calibrated or maintained. In these situations, an effective Los Angeles DUI attorney can demonstrate how the results were inaccurate and thus unreliable.

5. Penalties

Under 21 DUI with a blood alcohol content between 0.05 and 0.07 percent is an infraction and thus does not carry any potential prison or jail sentences. A first conviction for this offense is punishable by a $100 fine plus penalties and assessments. A second conviction within a year increases the base fine to $200 and a third violation of California Vehicle Code Section 23140 VC increases that base fine to $300. In addition, a driver risks losing his or her driving privileges for a year, would have to complete an alcohol education class to get their license back and may also be ordered to attend a youthful offender alcohol program by the court.

6. Defense for Under 21 DUI with a Blood Alcohol Content Between 0.05 and 0.07 Percent

If you or a loved one have received a citation for DUI with a BAC between 0.05 and 0.07 while under 21 it is very important that you consult with a Los Angeles DUI attorney immediately. There are time limits that begin running once the arrest occurs, and failure to request a DMV hearing may result in an automatic license suspension. As a former Deputy District Attorney with over 14 years of prosecutorial experience, Los Angeles DUI Attorney Michael Kraut understands the stress and concern that a charge of this nature can carry as well as the how damaging the loss of driving privileges can be. Mr. Kraut works hard to ensure his DUI clients receive the best defense possible.

For more information about underage DUI, and to schedule your free consultation, contact Los Angeles DUI Attorney Michael Kraut at the Kraut Criminal & DUI Lawyers located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.


Client Reviews
★★★★★
Michael Kraut is outstanding! He genuinely cared about my case and instructed my mom and I throughout the entire process. He was very clear on what he needed in order to receive the best results. He kept us updated until the end. I thank him so much for getting my charges rejected. I highly recommend him to anyone with legal needs! Shaquan
★★★★★
I contacted Michael with concern for my personal and business reputation. He was very reassuring and confident the entire time. After about 3 weeks it was determined that no charges were being filed by any agency and I was in the clear of any investigation. One thing that is amazing is just how FAST Michael is at replying to phone calls, texts, and even emails! We are talking under 30 minutes in most cases. That is unheard of for most attorneys! Michael is incredible and not your typical run of the mill attorney. For best results hire him if you feel like you might be under investigation or could face charges. Even if you know you are innocent it is best to take care of the smoke before it becomes a fire. Brad
★★★★★
Michael Kraut is-hands down-the best criminal defense attorney and I can't begin to thank him for all that he did for me and my family. I reached out to him in the middle of the night and less than a couple hours later, he had gotten back to me and scheduled a meeting. He's a no-nonsense attorney who knows how to get the job done! From the second we retained him, I had peace of mind in knowing that we were in the best hands possible. If Michael Kraut couldn't get it done, I knew that it couldn't be done at all. You can't put a price tag on your freedom. He was worth every single penny. Lida
★★★★★
Michael Kraut is an outstanding attorney. He was extremely professional, and straightforward, yet sensitive with my case. I am confident I made the right choice by hiring Michael. I highly recommend him to anyone seeking a truly experienced lawyer. Daniel
★★★★★
Michael Kraut - I cannot thank you enough for all that you did for ​my son. When I came to you I read that you used to be a district attorney but I never knew how much that meant until I watch you in court. I knew it took 3 months but the final day when I heard the judge say that all charges were dismissed it was all worth it! I will always be grateful for all that you did for us. A.N.
Contact Us