CA · jury_instructions
CALCRIM No. 2113
Driving With 0.05 Percent Blood Alcohol When Under 21
(Veh. Code, § 23140(a))
The defendant is charged [in Count] with driving when under
the age of 21 years with a blood alcohol level of 0.05 percent or more [in
violation of Vehicle Code section 23140(a)].
To prove that the defendant is guilty of this crime, the People must
prove that:
1. The defendant drove a vehicle;
2. When (he/she) drove, the defendant’s blood alcohol level was 0.05
percent or more by weight;
AND
3. At that time, the defendant was under 21 years old.
[In evaluating any test results in this case, you may consider whether or
not the person administering the test or the agency maintaining the
testing device followed the regulations of the California Department of
Public Health.]
[Under the law, a person becomes one year older as soon as the first
minute of his or her birthday has begun.]
New January 2006; Revised August 2015, February 2026*
* Denotes changes only to bench notes and other commentaries.
Provenance
- Source
- courts.ca.gov
- Retrieved
- 2026-08-20
- Edition
- calcrim-2026
- Content hash
be1b8327c569a7fe2cf8e95e8547d9a9270ff1e7c40380f2246e1e412dcc957a
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