SAN RAFAEL Driving with 0.05 Percent Blood Alcohol When Under 21

Drinking at all under the age of 21 is illegal. But being charged with driving under the age of 21, and with a blood-alcohol content of 0.05% or greater, can carry much more severe penalties, and even revocation of your driver's license. Learn what you need to know about these charges and how to defend yourself with the help of legal counsel here.

Being Charged with Driving with 0.05 Percent Blood Alcohol When Under 21

While drinking under the age of 21 is a separate crime, California's Vehicle Code has a specific statute for driving under the influence with a blood-alcohol content of 0.05% or more by bodyweight. The prosecution must prove that:

• You were the one driving the vehicle in question
• Your blood-alcohol content was indeed 0.05% or more by bodyweight – this opens up questions as to the accuracy of tests
• You were under 21 years old at the time of the traffic stop

The age part is quite specific; in the eyes of the law, you're 21 once the first minute of your birthday has begun.

This charge essentially covers all underage DUI events and carries associated penalties and potential defenses. Note that, if your blood alcohol content is 0.08% or greater, you may be charged with “adult” DUI and face those larger penalties.

Penalties for These Charges

California law calls violations of VC 23140 as infractions. These are relatively low-level criminal offenses and don't normally result in jail time. Still, penalties can be significant and may include:

• Up to one-year suspension of your driver's license if it's your first offense
• A fine of $100 for a first offense
• A mandatory alcohol education program for at least three months if you're already 18

If it's not your first offense, you will face proportionally increasing fines, driver's license suspension, and longer time with alcohol education programs.