Minor Driving with a BAC of 0.05 or More
Vehicle Code - § 23140
What counts as a violation of Vehicle Code § 23140?
Vehicle Code § 23140 makes it a crime for a person under the age of 21 years old to drive with a BAC of 0.05 or more.
Vehicle Code § 23140 permits a person to be found guilty under Vehicle Code § 23140 regardless of whether a chemical test was made to determine that person’s blood-alcohol concentration. Instead, a jury may determine whether the person consumed an alcoholic beverage and drove a vehicle while having a BAC of 0.05 or more.
If the person is convicted of a violation of Vehicle Code § 23140, the court clerk will notify the DMV within 10 days.
What is the punishment for a violation of Vehicle Code § 23140?
A violation of Vehicle Code § 23140 is a misdemeanor punishable by a fine of up to $100, a mandatory driver’s license suspension of one year, and alcohol education classes.
What defenses are available to Vehicle Code § 23140?
- You were not driving
- The initial traffic stop was unlawful
- Your BAC was lower than 0.05 when you were actually driving the vehicle
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