Driving Under the Influence

UNDER 21/ JUVENILE DUI - VEHICLE CODE SECTION 23140

While they can still be charged with all of the other DUI offenses, there are additional and specific DUI laws that apply to drivers who are under 21 year of age at the time of commission of the offense. The limit is lower, and the consequences are more severe. Moreover, the court procedure is often different, with fewer rights available to the charged driver.

California Vehicle Code section 23140 provides that such drivers can be punished for blood alcohol levels of .05% or above. The offense is an infraction, as opposed to a misdemeanor or felony, resulting in the loss of the right to a trial by jury. The penalty for a first offense is only a $100 fine. The most important part, however, is that there is a mandatory 1-year driver‘s license suspension. The driver may apply for a critical needs restriction to allow limited driving within that year.

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