DUI Penalties for Minors in California: VC 23140 Explained
If you are the parent of a teenager who was pulled over for DUI or if you are under 21 and have just been arrested for driving under the influence in California, then you are likely scared and confused about what happens next. Most people assume that DUI charges only apply to adults but California has specific and serious laws for underage drivers and those laws can come with harsh penalties even when no one is hurt and the blood alcohol content is well below the legal limit for adults.
This article explains what Vehicle Code 23140 means and how DUI laws apply to drivers under 21 in California. It also explains how a first-time offense can affect your future and what you need to do immediately to protect your record, your license and your freedom.
What Is VC 23140?
Vehicle Code section 23140 is California’s underage DUI law. It applies to drivers under 21 years of age who operate a vehicle with a blood alcohol concentration of 0.05 percent or higher but less than 0.08. For adult drivers, the legal limit is 0.08, but for minors the law is far stricter and VC 23140 is one part of a larger zero tolerance approach to underage drinking and driving.
This means that even if your BAC is 0.06 or 0.07 and you were not showing signs of intoxication or dangerous driving then you can still be charged under this section. The officer may have pulled you over for a minor traffic violation or simply suspected alcohol use based on the time of night or the location but once a chemical test shows a BAC of 0.05 or higher then the charge becomes a reality.
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VC 23140 Is Not a Misdemeanor, but It Still Carries Penalties
A VC 23140 violation is not a misdemeanor or felony. It is an infraction and similar to a traffic ticket. That may sound like good news but the consequences are far more serious than a regular speeding ticket, especially when it comes to your license and your future.
If convicted then you face a one-year license suspension and mandatory DUI education classes with a fine up to $100 and possibly points on your driving record. This license suspension is enforced by the California DMV, not just the court, so it can take effect even if the court penalty seems minor.
The real damage often comes later. Having a DUI-related offense on your record, even if it is just an infraction, can affect your college applications, scholarship eligibility, job opportunities and car insurance rates for years to come. In many cases, it shows up in background checks and may result in long-term consequences that are completely out of proportion to what happened that night.
California’s Zero Tolerance Law Is Even Stricter
In addition to VC 23140, California has a zero tolerance law under Vehicle Code 23136. This law makes it illegal for anyone under 21 to drive with any measurable alcohol in their system with a BAC of 0.01 percent or more. This is enforced through a PAS test (preliminary alcohol screening) which is usually a handheld breath test given during the traffic stop.
Even if your BAC is well below 0.05 then also you can still lose your license for a year if the DMV determines you were driving with alcohol in your system. That means you can be completely sober and still face harsh penalties if a small trace of alcohol is detected. No one explains that to minors when they have a single drink at a party or take a sip without thinking but the law is unforgiving and many young drivers do not understand how serious the consequences can be until it is too late.
What If the Driver Is Over 0.08?
If an underage driver’s BAC is 0.08 percent or higher, they are charged under the standard adult DUI laws, usually Vehicle Code 23152(a) and (b). These are misdemeanor charges that can result in up to six months in jail, thousands of dollars in fines and penalties, a mandatory license suspension, DUI school, probation and the requirement to install an ignition interlock device.
Underage drivers are not protected from these harsher charges just because they are young. In fact, prosecutors often take these cases more seriously because they want to send a message. If there was a crash involved or if the driver refused to submit to testing or if there were passengers in the car, especially other minors, the case can be charged even more aggressively and may result in additional penalties.
DMV Consequences Are Separate From Court Penalties
Many people do not realize that there are two parallel tracks after an underage DUI: the criminal case in court and the administrative case with the DMV. The DMV can suspend your license independently of what happens in court and in most cases they will unless you request a hearing within ten days of the arrest and successfully challenge the suspension.
This hearing is not automatic and it is not easy to win without representation. It requires preparation of evidence, legal argument and cross-examination of the arresting officer. The standard of proof is lower than in criminal court and even small issues like a BAC of exactly 0.05 or conflicting test results can make or break your case.
We often handle DMV hearings alongside the court case because the license suspension can be more damaging than the fine or the infraction itself. Especially for young people who need to drive to school, work, or medical appointments.
You Can Fight an Underage DUI Charge
A VC 23140 charge or any underage DUI is not hopeless. There are defenses that can lead to dismissals, reductions or alternative resolutions that protect your record and help you move forward without a conviction. We have helped young clients avoid license suspension and keep charges off their record including in some cases eliminating the case entirely when the evidence was weak or the traffic stop was unlawful.
Some of the most common defenses include challenging the validity of the stop, the accuracy of the breath or blood test, chain of custody issues, and medical conditions or medications that may have affected the results. In other cases, we argue for deferred entry of judgment, diversion, or a reduced charge based on the client’s age, clean record, and cooperation.
Don’t Let One Mistake Define Your Future
Teenagers and young adults make mistakes, and sometimes those mistakes have consequences that reach far beyond what they imagined. A DUI charge at 18 or 20 does not have to follow you for the rest of your life, and you do not have to go through this process alone. Whether you were pulled over after a party or caught in a DUI checkpoint or charged after a night out with friends, there are legal options available and your future can still be protected.
We understand how terrifying this process is for families, especially when the accused has never been in trouble before and the thought of a license suspension or criminal record feels overwhelming. We have worked with hundreds of parents who wanted nothing more than to protect their child’s future and make sure this one night did not ruin their chances in college or life.
If you or your child was charged under VC 23140 or any other DUI statute in California, do not wait to get help. The DMV deadline is only ten days, and the right legal strategy from the start can mean the difference between keeping your license or losing it for a year.
We have been on both sides of the courtroom, and we know what judges look for, what prosecutors respond to, and how to build a case that tells your side of the story. Call us today and let us fight for your future so this one mistake does not follow you for the rest of your life.