Saturday, April 16, 2011

California Under 21 DUI Attorney Explains the Law of VC 23140 for Minors

It is unlawful in California for a person under 21 years of age who has 0.05 percent or more, by weight, of alcohol in his or her blood to drive a vehicle. Vehicle Code section 23140(a). Recently, the California Courts ruled that the statute does not violate the Constitution or deny persons under 21 equal protection of law even though it bases violation on blood-alcohol level of 0.05 percent or more rather than 0.08 percent level applicable to adults because, the Court said: " minors who drink alcohol and drive pose greater accident risk than those drivers over the age of 21", according to one California Under 21 DUI Lawyer.

In California, a minor may be found in violation of Veh C §23140(a) if the person was, at the time of driving, under 21 years of age and under the influence of, or affected by, an alcoholic beverage regardless of whether a chemical test was made to determine his or her blood-alcohol concentration, and if the trier of fact finds that the person had consumed an alcoholic beverage and was driving a vehicle while having a concentration of 0.05 percent or more, by weight, of alcohol in his or her blood. Veh C §23140(b). This offense is punishable as an infraction which means that the minor cannot be sentenced to jail if convicted. .On conviction, the clerk of the court must prepare and immediately forward to the DMV an abstract of the record of the court at which time the minor's license will be suspended for one year and points will be added to the drivers record for insurance purposes.

In addition to the VC23140, another under 21 dui law exists in California, VC23136.  This law is the actual "zero tolerance" .01 or more statute.  This code section makes it illegal to drive with a .01 percent or more of alcohol in your blood if you are under the age of 21.  The law is an infraction which means that you cannot go to jail if convicted.