Legal Question in DUI Law in California

i got an DUI, but i was underage, blow at 0.04. I was wondering if i can get my License back due to my age. i am about to turn 21, what do i do?


Asked on 11/28/12, 3:18 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

It is your age that caused part of your problems.

If you plead guilty or �no contest� or are convicted of being a Minor in Possession of Alcohol, the law mandates you will lose your license to drive for one year. The Court will send proof of your MIP conviction to the Department of Motor Vehicles (DMV) and they will suspend your license and then make it very difficult to get a Critical Need Restricted License. It will not matter to the DMV if you have to drive to school, work, or both. Your only hope would be to seek a plea bargain to an charge other than Minor in Possession, or to petition the Court for a restricted license.

In addtion, when arrested for DUI, whether alcohol or drugs, then upon release from jail or booking, the defendant is given documents that include a notice that he has only ten days to file a request with DMV for a hearing on an appeal of the automatic suspension of license imposed by DMV upon arrest. That is separate and runs consecutively with the suspension that would be imposed by the court upon conviction. Contact DMV timely if you think you have grounds for appeal, then appear at the scheduled DMV appeal hearing to present your supporting evidence and witness testimony.

If you don't know how to do these things effectively, then hire an attorney that does. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me.

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Answered on 11/28/12, 4:00 pm


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