California Vehicle Code 23136 Underage DUI

What are the factors or elements for 23136 VC Underage DUI?

Under 23136 VC, you are guilty of underage drinking and driving when:

  • You drive with any detectable alcohol in your system and
  • You are under 21 years of age.

Legal Consequences:

A conviction of an underage DUI will result in the driver having his or her license suspended for one year if it is a first offense, or two to three years if there were violations of certain other sections of the California Vehicle Code or if you refuse to submit to a chemical test.

Depending on your BAC, the penalties vary. If your BAC is under 0.05%, you may face:

An infraction in traffic court and action by the DMV.

California Vehicle Code 23140 If your BAC is between 0.05% and 0.07%, it becomes an infraction and you face

A suspended license,

A fine,

A minimum three-month alcohol education program, and

Possibly the “Youthful Drunk Driving Visitation Program.”

The judge may also order you to abstain from drinking until you are 21.  This means that if you are caught drinking again you will face penalties for that as well.


Vehicle Code 23152(b) VC:  Lastly, if your BAC is above 0.08%, you will be charged with a California DUI offense under the California Vehicle Code 23152(b) VC no matter your age.  The penalties associated with this include, in addition to the underage penalties, heavier fines, up to one year in county jail if this is not your first offense, informal probation, a mandatory drug-alcohol class, a suspended license for one year, and a possible confiscation of your car.

How can we defend you against charges of California VehicleCode 23136  Underage DUI?

There are numerous defenses that can be raised to counter California DUI charges.

Some of the more common DUI defenses are:

  • You weren’t driving
  • The DUI testing equipment wasn’t working properly
  • The person doing your DUI chemical test didn’t follow proper procedures,
  • You were within the margin of error for an acceptable BAC result,
  • Your blood alcohol was still rising at the time of your test (meaning your BAC was actually lower when you were driving)
  • There was alcohol in your mouth from another source (such as mouthwash)
  • You had a medical condition such as GERD or acid reflux
  • You were on a high protein / low carbohydrate diet
  • Your traffic stop was unlawful
  • Your arrest was unlawful and
  • The officer failed to advise you fully and clearly of your rights

For a more detailed discussion of DUI defenses, see our related articles.

Contact us:

We have been successfully defending clients facing all types of criminal charges in Sonoma and Marin Counties, since 1992.

The 100 Trial Lawyers Association has recognized us as one of the best criminal defense attorneys in the country!

Please call our office today at (707) 571-8600 in our centrally located Santa Rosa office in Sonoma County or call our office in San Rafael in Marin County at (415) 492-4507 to schedule a free and confidential case evaluation.

Don’t bargain with your freedom! The right attorney makes all the difference between your freedom and incarceration!

Please CLICK HERE to visit our dedicated page on DUI charges for more info.