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 the Law Offices of Randy Collins, 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 there 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 the Law Offices of Randy Collins can help you. With over fifty 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 (844) 285-9559 or fill out our contact form today to get help now.
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Over the years our firm has earned numerous awards and accolades for delivering outstanding legal representation. Some of our awards include: Admission to The National Top Trial Lawyers Association since 2014, AVVO Rating 10.0 Superb Rating, American Institute of Criminal Law Attorneys Award "10 Best Attorney Client Satisfaction" in 2018, Nationally Ranked Top 100 Under 40 in California Attorney Award in 2017, Member of the Newport Beach Chamber of Commerce since 2018, Martindale-Hubbell Accredited Law Firm, Distinguished in Orange County Metro "Top Attorneys" section, and Featured in Orange Coast Magazine in April 2010 as one of "Orange County's Best Criminal Defense Attorneys".
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Case Dismissed Felony Domestic Violence Battery
The Defendant was arrested for Felony Domestic Violence Battery against her husband with a $50,000 bail. Several witnesses provided statements to the Orange County Police detectives. Attorney Randy Collins argued that the Defendant experienced a nervous breakdown, leading to involuntary actions. The case was dismissed.
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Prison Sentence Significantly Reduced Felony DUI
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Charges Dismissed Spousal Abuse
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Case Dismissed Possession of Firearm by a Felon
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Not Guilty DUI - 0.12% BAC
The Defendant faced charges of DUI with a blood alcohol content of .12% and hit and run. Following the trial, the Defendant was found Not Guilty of all charges and was subsequently discharged.