Legal Question in DUI Law in California

I'm a 17 years old minor living in Santa Clara County California. I drank a beer before driving my drunk friends home when they suddenly felt a need to urinate. I pulled over to the curb and waited for them in the car. A cop rolled up behind me and arrested my two friends. He then went up to me and asked if i was drinking and i told him i had a beer. He ran a series of tests on me (walking a straight line etc.) I passed all of them so he gave me a breathalyzer test. I blew out a .045%. I now have to go to court but I'm worried about whats going to happen. Is there a way i can get my licenses back so that I can find a job?


Asked on 9/23/09, 6:00 pm

1 Answer from Attorneys

Robert Marshall Law Office of Robert L, Marshall

You are facing two separate proceedings. The police officer most likely took away your drivers license and gave you a pink piece of paper called a DS367m. This is a temporary drivers license and notice of DMV proceedings.

If you do not contact DMV within ten days of receiving the DS367m, DMV will automatically suspend your drivers license for one year under the "zero tolerance" statute, which prohibits anyone under 21 from driving with a blood alcohol level greater than .01%.

If you request a hearing and a "stay of suspension," DMV will allow you to drive pending the outcome of the hearing. DMV hearings are extremely technical and you should hire an experienced DUI attorney to represent you.

DMV will also suspend your license if the juvenile court finds you violated Vehicle Code 23136 by driving with a BAC over .01%. This offense is punishable by a fine only. The suspension for the juvenile court adjudication will run concurrently with the DMV administrative hearing.

If your license is suspended, you can request a restricted license on a hardship basis. The form is available for download from the DMV website at www.dmv.ca.gov. However, you are very unlikely to get a restricted license so you can find a job; you are far more likely to get a restricted license if you find a job first, can show there is no other way for you to get to and from work, and that your family depends on your income.

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Answered on 9/24/09, 1:13 pm


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