Underage DUI with a BAC of 0.05 or above | Vehicle Code § 23140

Description

It is unlawful for a person under the age of 21 years who has a BAC (Blood Alcohol Concentration) of 0.05% or more (a lower standard than the BAC of 0.08% for persons over the age of 21) to drive a vehicle. Violators may be charged with Underage DUI With a BAC of .05.

What does the prosecutor have to prove?

1. Defendant drove a motor vehicle.
2. Defendant was under the age of 21 years.
3. Defendant had 0.05 percent or more of alcohol in his or her blood.

Punishment

Infraction

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?	No
Is this charge a strike?	May
Is this charge a “serious felony”	No
Is this charge a “violent felony”	No
Do I have to register as a sex offender if convicted?	No
Do I have to register as a drug offender if convicted?	No
Do I lose my right to own or possess a firearm if convicted?	No
Do I lose my right to vote if convicted?	No
Am I eligible for a local sentence (PC § 1170(h)) if convicted?	No
Am I eligible for PC § 1000 drug diversion if convicted?	No
Am I eligible for Prop. 36 drug diversion if convicted?	No
Am I required to give a DNA sample if convicted?	No
Is this charge considered a “crime of moral turpitude” for immigration purposes?	No
Is this charge considered a “aggravated felony” for immigration purposes?	No
Is this charge considered a “controlled substance violation” for immigration purposes?	No
Is this charge considered a “domestic violence” for immigration purposes?	No
Is this charge considered a “firearm conviction” for immigration purposes?	No