DUI under 21
It is all too real a fact that many young people are arrested for DUI under 21. Because they are under the legal age for drinking, the DMV treats these cases harsher. This is an attempt by the DMV to stop underage drinking. However, the growing trend is that there are thousands of people under 21 getting arrested each year for driving under the influence.
If you are arrested for DUI under 21, the repercussions are serious. The courts and the DMV have a zero tolerance policy. If you have .01% blood alcohol content (BAC), the DMV can take away your license for an entire year. The DMV will not allow you to even apply for a restricted license if you are found to have .01% BAC. If you do not yet have your license, the DMV will not allow you to apply for one for one whole year.
DUI under 21 with BAC .05-.07%
If you are found to be DUI under 21, but your blood alcohol level is .05-.07%, then you will be charged with an infraction under Vehicle Code section 23140. The offense is not a misdemeanor, and carries no jail time as punishment. There are fines involved. There are also alcohol classes and a Youthful Drunk Driving Program, which could involve a trip to the ER or a coroner’s office to see the effects of drunk driving.
DMV hearing for DUI under 21
There are ways to win DMV administrative hearings if you are arrested for DUI under 21. The office still needs to have probable cause for the stop. Your Constitutional rights can’t be violated by the police. And there has to be legitimate proof that there was alcohol in the system. There are all different reasons for false positives when it comes to breath or blood tests. It is important that you request the DMV hearing within 10 days of the arrest and hire a competent attorney who can fight on your behalf.
Click here for information from the DMV.
Contact Us if you were arrested for DUI under 21
Contact the Law Office of Stephanie M. Arrache for a free consultation if you were arrested for DUI under 21.