--- title: "Under-21 DUI (zero tolerance / 0.05%)" description: "VC 23136 and 23140 set zero-tolerance DUI rules for drivers under 21 in California. Learn BAC thresholds, penalties, and DMV consequences." url: "https://www.thehfirm.com/penal-codes/vc-23136-23140-under-21-dui-zero-tolerance-005" site: "H Law Group" --- # Under-21 DUI (zero tolerance / 0.05%) VC 23136 and 23140 set zero-tolerance DUI rules for drivers under 21 in California. Learn BAC thresholds, penalties, and DMV consequences. Topics: DUI, Vehicle Code California applies a much stricter alcohol standard to drivers under 21 than it does to adults, and it does so through two separate laws that get confused with each other constantly. VC 23136 is the "zero tolerance" law: any measurable alcohol, 0.01% BAC or higher, and it is a civil, DMV-only matter with no criminal record attached. VC 23140 covers the narrower band between 0.05% and the adult legal limit, and it is an actual criminal infraction prosecuted in court. Both exist because the 0.08% adult standard under VC 23152 does not apply the same way to drivers under 21. This page explains what [VC 23136](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=23136.&lawCode=VEH) and VC 23140 each require, how they differ, license consequences, and what happens if an underage driver's BAC reaches the adult 0.08% threshold. ## **What the Laws Say** > VC 23136: prohibits a person under 21 years of age from driving "if the person has a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test." > VC 23140: makes it "unlawful for a person under the age of 21 years who has 0.05 percent or more, by weight, of alcohol in his or her blood to drive a vehicle." Both statutes explicitly allow prosecution under standard adult DUI law as well. A violation of either one is not a bar to being charged under VC 23152 or 23153 if the facts support it, most often because the driver's BAC actually reached 0.08% or the driver showed clear signs of impairment beyond the BAC number alone. ## **VC 23136 vs. VC 23140: How They Differ** These two statutes cover different BAC ranges and are handled through entirely different systems: - **VC 23136 **(0.01% to 0.049%): a civil violation handled entirely by the DMV through an administrative hearing process. It does not go through criminal court and does not create a criminal record. - **VC 23140 **(0.05% to 0.07%): a criminal infraction, meaning it is prosecuted in court, but it does not carry any jail time. It results in a fine and, for drivers 18 and older, a mandatory alcohol education program. - **VC 23152 **(0.08% and above, or actual impairment): the standard adult DUI law, a full misdemeanor or wobbler criminal charge with the full range of DUI penalties, applies to underage drivers exactly as it applies to adults once BAC reaches this level. In other words, as an underage driver's BAC climbs, the applicable law gets progressively more serious: DMV-only action, then a criminal infraction, then a full DUI prosecution. ## **Consequences Under VC 23136 (Zero Tolerance)** Because VC 23136 is not a criminal charge, there is no fine and no court appearance from this law alone. The consequence runs entirely through the DMV: - First violation: mandatory 1-year suspension of driving privileges - Second violation within the applicable lookback period: 2-year revocation - Third or subsequent violation: 3-year revocation - Refusing the chemical test carries the same suspension and revocation schedule as a failed test, under VC 13353.1 A driver under 21 who is lawfully detained on suspicion of a violation is deemed to have already consented to chemical testing. An underage driver can challenge the suspension at a [DMV administrative hearing](https://www.dmv.ca.gov/portal/driver-education-and-safety/dmv-safety-guidelines-actions/driving-under-the-influence/), similar to the APS hearing process available to adult DUI arrestees. ## **Consequences Under VC 23140** A VC 23140 violation is a criminal infraction, which means it goes through court but does not carry the possibility of jail time. A conviction typically results in: - A fine of up to $100 - A 1-year license suspension for a first offense - For drivers 18 and older, mandatory enrollment in a 3-month (or longer) alcohol education program at the driver's own expense - An abstract of the conviction forwarded to the DMV by the court clerk ## **What Happens If BAC Reaches 0.08%** Once an underage driver's BAC reaches the standard adult threshold of 0.08%, or the officer can show actual impairment independent of a specific BAC number, the case moves into VC 23152 territory. That means the full range of adult DUI consequences applies: potential misdemeanor jail time, DUI school, a substantially longer license suspension, informal probation, and everything else that comes with a standard California DUI conviction. Age does not create a separate, lighter track once the BAC crosses into adult DUI range. ## **Common Defenses** - **Unreliable PAS or field test results: **preliminary alcohol screening devices used roadside are less accurate than evidentiary breath or blood tests, and results near the 0.01% or 0.05% threshold are especially vulnerable to challenge - **Non-beverage alcohol sources: **mouthwash, certain cold medications, and some hygiene products contain alcohol that can produce a positive reading without any alcohol consumption - **Improper testing procedure: **failure to follow required calibration, maintenance, or administration protocols can undermine the chemical test result the entire case depends on - **Unlawful stop: **if the officer lacked reasonable suspicion for the stop, evidence gathered afterward, including any chemical test, can potentially be challenged ## **Related Offenses** - [**VC 23152(a) / (b): **](/penal-codes/vehicle-code-23152-b-driving-with-bac-0-08-percent-or-higher)[standard adult DUI, which applies once BAC reaches 0.08% or actual impairment is shown, regardless of the driver's age](/penal-codes/vehicle-code-23152-b-driving-with-bac-0-08-percent-or-higher) - [**VC 23153: **](/penal-codes/vehicle-code-23153-vc-dui-causing-injury)[DUI causing injury, which can apply to an underage driver the same way it applies to an adult](/penal-codes/vehicle-code-23153-vc-dui-causing-injury) - [**VC 23103 / 23103.5: **](/penal-codes/vc-23103-23103-5-wet-reckless-dui-plea-reduction)[wet reckless, a plea option that can come up in an underage DUI case that has been charged under VC 23152](/penal-codes/vc-23103-23103-5-wet-reckless-dui-plea-reduction) ## **Frequently Asked Questions** ### Is VC 23136 a criminal charge? No. VC 23136 is a civil violation handled entirely through the DMV's administrative process. It does not create a criminal record and is not prosecuted in court. ### Can I go to jail for a VC 23140 violation? No. VC 23140 is a criminal infraction, and infractions in California do not carry jail time. The consequences are a fine, a license suspension, and for drivers 18 and older, an alcohol education program. ### What if I am under 21 and my BAC was 0.09%? At that level you are in standard adult DUI territory under VC 23152, not the zero tolerance or 0.05% laws. The full range of adult DUI penalties, including potential jail time, DUI school, and license suspension, can apply regardless of your age. ### Can I request a hearing to fight a zero tolerance suspension? Yes. An underage driver facing a VC 23136 suspension can request a DMV administrative hearing to challenge the basis for the action, similar to the hearing process available to adult drivers facing a DUI-related suspension. ### Does refusing the chemical test help avoid these consequences? No. Refusing a chemical test as an underage driver triggers the same license suspension and revocation schedule as failing the test, since drivers under 21 are deemed to have already consented to testing when lawfully detained on suspicion of a violation. ## Related California penal codes - [California Vehicle Code 23152(a) - DUI of Alcohol: Laws, Penalties & Defenses](https://www.thehfirm.com/penal-codes/vehicle-code-23152-a-driving-under-the-influence) - [California Vehicle Code 23152(b) - Driving with BAC 0.08% or Higher: DUI Per Se Law](https://www.thehfirm.com/penal-codes/vehicle-code-23152-b-driving-with-bac-0-08-percent-or-higher) - [Wet reckless (DUI plea reduction)](https://www.thehfirm.com/penal-codes/vc-23103-23103-5-wet-reckless-dui-plea-reduction) --- ## Contact H Law Group - Phone: (888) 499-4948 (phones answered 24/7) - Email: info@thehlawgroup.com - Free consultation: https://www.thehfirm.com/free-consultation - Contact form: https://www.thehfirm.com/contact-us ### Offices - Los Angeles Branch: 714 W Olympic Blvd Ste, 803, Los Angeles, CA 90015 -- (213) 985-4431 - San Diego Branch: 600 W Broadway, Suite 700, San Diego, CA 92101 -- (619) 716-0968 - San Jose Branch: 333 W San Carlos St, San Jose, CA 95110 -- (408) 869-6572 - Orange County Branch: 2030 Main St, # 1300, Irvine, CA 92614 -- (949) 832-8057 - Riverside County Office: 41593 Winchester Rd, Suite 200, Temecula, CA 92590 -- (951) 418-3576 - Santa Barbara Branch: 1117 State St, Santa Barbara, CA 93101 -- (888) 499-4948 ### Disclaimer This website provides general legal information only and does not create an attorney-client relationship. 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