Vehicle Code 23140 is a separate underage DUI law. It applies to drivers under 21 who drive with a blood alcohol concentration of 0.05 percent or more but less than 0.08 percent. It sits between the zero-tolerance suspension and a full criminal DUI.
What it carries
A first 23140 offense is an infraction, not a misdemeanor. It carries a fine and a one-year license suspension, and a first offender is typically ordered to complete an alcohol education program of at least three months. Because it is an infraction, it does not carry jail time and does not create the same criminal record as a 23152 conviction, but the license consequence is real for a young driver.
How it relates to the other underage laws
A driver under 21 can face several overlapping rules: the zero-tolerance law under Vehicle Code 23136 for any measurable alcohol, this 23140 infraction at 0.05 percent, and a full criminal DUI under Vehicle Code 23152 at 0.08 percent or with impairment. Prosecutors choose what to file, and the difference in consequences is large.
How these cases are defended
The defense focuses on the lawfulness of the stop, the accuracy of the testing, and whether the prosecution can prove the BAC. Keeping a young driver out of the criminal system, and protecting the license, are the priorities.
Where to start
An underage alcohol stop can follow a person for years, so it is worth handling carefully. Get a free written case analysis below or call me directly. See also underage DUI and zero tolerance.