CVC 23140(a) DUI Under 21 - What to Do If You Got a Ticket in California
Person under 21 driving with BAC of 0.01% or higher
Written by
Violation category
General Traffic
Base fine
$35
Estimated total cost
Includes court fees and assessments
DMV points
0 points
What is California Vehicle Code CVC 23140(a)?
Person under 21 driving with BAC of 0.01% or higher
Common scenarios
- You had one sip of wine at a family dinner and then got pulled over on your way home.
- You were stopped for a broken tail light, and the officer gave you a breath test without clear reason.
- You were sitting in a parked car waiting for a friend, and the officer said you were driving with alcohol in your system.
Key facts
- Zero Tolerance for Under 21: California law sets the BAC limit at 0.01% for drivers under 21. This means even a tiny amount of alcohol can lead to a DUI charge.
- Consequences Can Affect Your License: A conviction can lead to license suspension, fines, and required DUI classes, which can impact your driving privileges.
- You Have Rights and Options: You can challenge the ticket, request a hearing, or seek legal advice. Understanding your case helps you make the best choice.
Fine breakdown for CVC 23140(a)
| Category | Estimated amount |
|---|---|
| Base fine | $35 |
| Court & county surcharges (estimate) | $133 |
| Total estimated out-of-pocket | $168 |
County fees can multiply the base fine by 3–5x. ClerkHero confirms exact totals using your ticket details.
What is CVC 23140(a)?
If you're under 21 and got a ticket for driving with a blood alcohol content (BAC) of 0.01% or higher, this is the law you’re dealing with. California has a "zero tolerance" rule for drivers under 21, meaning even a tiny amount of alcohol in your system can get you a DUI ticket.
Why does this matter?
The state wants to keep young drivers safe because alcohol affects judgment and driving skills. Even a small amount can be risky, so the law is strict.
What happens now?
Getting this ticket can be scary. You might worry about fines, your license, or your future. But don’t panic. There are ways to handle it, and understanding your options is the first step.
What you should know:
- This law applies only if you’re under 21.
- The legal BAC limit for under-21 drivers is 0.01%, which is basically no alcohol.
- Even a small sip can lead to a ticket.
What you can do:
- Review the ticket carefully.
- Consider your options: fight the ticket, attend traffic school, or accept the penalty.
- Get help if you feel unsure — a traffic assistant or lawyer can guide you.
Remember, this isn’t the end of the road. Many people get through this and keep their driving record clean with the right steps.
Defense ideas you can use in your TR-205 packet
Every ticket is different, but these arguments often surface in successful Trial-by-Declaration defenses. ClerkHero tailors the narrative to match your facts and any evidence you upload.
Defense 1
The BAC test was inaccurate or improperly administered (e.g., breathalyzer errors).
Defense 2
You were not actually driving or in physical control of the vehicle at the time.
Defense 3
The officer didn’t have legal reason to stop or test you (no probable cause).
Defense 4
The BAC sample was taken too long after driving, so it doesn’t reflect your level at the time behind the wheel.
We can help fight your ticket CVC 23140(a) online
ClerkHero builds your entire TR-205 defense packet automatically. No lawyer. No court visit. No confusing forms. Just upload your ticket and we handle the rest.
Step 1
Upload your ticket
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Step 2
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You answer a few questions. We craft a TR-205 defense letter tailored to this exact violation code.
Step 3
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Frequently asked questions about CVC 23140(a)
Can I get a DUI if I only had one drink?
Yes. For drivers under 21, even a small amount of alcohol can lead to a DUI because the legal limit is very low (0.01%).
What if I wasn’t driving but was in the car with alcohol in my system?
You can still get a ticket if the officer believes you were in physical control of the vehicle, even if it was parked.
Will this stay on my driving record forever?
A DUI conviction stays on your record for years and can affect insurance and driving privileges. But you may be able to clear it later with legal help.
Should I talk to a lawyer?
It’s a good idea to get advice. A lawyer or traffic assistant can explain your options and help you fight or reduce penalties.
Can I refuse the BAC test?
Refusing a BAC test can lead to automatic penalties like license suspension. It’s important to understand the consequences before deciding.