Section § 23140

Explanation

If you're under 21, it's illegal to drive with a blood alcohol content (BAC) of 0.05% or higher. Even if you weren't chemically tested, you can still be found breaking this law if it's clear you drank alcohol and drove with a BAC of 0.05% or more.

Once found guilty, a court official has to send a report about your offense to the Department of Motor Vehicles (DMV) within 10 days. This report becomes a public record that others can inspect.

(a)CA Vehicle Code § 23140(a) It is 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.
(b)CA Vehicle Code § 23140(b) A person may be found to be in violation of subdivision (a) if the person was, at the time of driving, under the age of 21 years and under the influence of, or affected by, an alcoholic beverage regardless of whether a chemical test was made to determine that person’s blood-alcohol concentration and if the trier of fact finds that the person had consumed an alcoholic beverage and was driving a vehicle while having a concentration of 0.05 percent or more, by weight, of alcohol in his or her blood.
(c)CA Vehicle Code § 23140(c) Notwithstanding any provision of law to the contrary, upon a finding that a person has violated this section, the clerk of the court shall prepare within 10 days after the finding and immediately forward to the department an abstract of the record of the court in which the finding is made. That abstract shall be a public record and available for public inspection in the same manner as other records reported under Section 1803.