California Penal Code 23140

Have you been arrested for a DUI as a minor under 21 in the State of California? Violation of Penal Code 23140 subjects underage drivers to up to three different criminal offenses. If convicted, you or your child can face severe penalties, including a possible jail sentence. Facing charges for DUI can be terrifying, but with skilled representation from a DUI defense lawyer, you can put yourself in a position to stop worrying about your criminal offenses and concentrate on your life.


At MacGregor & Collins, LLP, our DUI attorneys have assisted more than 10,000 DUI defendants, many of whom were underage at the time of their arrest. Call us today to find out how our lawyers can help protect your rights and help you avoid costly penalties.


What is Penal Code 23140?


Penal Code 23140 governs those who are under 21 and are found driving with a BAC between 0.05% and 0.07%. Even if it was your 1st DUI offense┬áthere is no second chance for those who drive drunk. Unfortunately for defendants, California also imposes a “zero tolerance” law for those drinking under the age of 21, which increases fines and penalties for those who are caught driving under the influence, even if their BAC is very low.


In order to prosecute for California Penal Code 23140 DUI, the state has the burden to prove that:


  • The defendant was driving while intoxicated
  • The defendant was 21 or younger
  • The defendant had a BAC of 0.01% or higher


The penalties or punishments for Underage DUI depend on a number of factors , including the driver’s BAC level, criminal history, and the circumstances surrounding the case.


Zero Tolerance Penalties:

  • License Suspension – for one year.


For unlicensed drivers, the California penalty is a mandatory one year postponement for applying and getting approved for a driver’s license.


Penalties for Violating PC 23140


If a driver under the age of 21 is found with a BAC level of between 0.05%-0.07%, the penalties include an infraction, which subjects first time offenders to $100 in fines. 2 nd arrests are penalized by $200; and 3rd arrests are penalized by $300.


Drivers under 21, who have a BAC of 0.08% or higher, are subject to the same fines as those of adults, which include the following under California Vehicle Code 23152.


  • Up to one year in jail
  • Fines of up to $1,000
  • Informal probation between 3-5 years
  • Up to six months driver’s license suspension
  • DUI school


Underage DUI Legal Assistance


If you are facing fines for a DUI as a minor under 21, the juvenile crime attorneys at MacGregor & Collins can help you. With over forty years of combined experience and a long history of satisfied DUI clients, you can count on our Orange County juvenile defense attorneys to provide you and yours with the superior legal representation that you are looking for. Call (888) 250-2865 or fill out our contact form today to get help now.

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