California Under 21 DUI Arrest • Under 21 DUI Defense Sacramento • CA Under 21 DUI Law

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  Denis White - AttorneyDenis H. White, Jr
Attorney at Law

Tim
Timothy S. Brown
Attorney at Law

California Under 21 DUI Laws and Defense

Under 21 California drivers can be charged with a variety of offenses depending on the Blood Alcohol Level (BAC) at the time of driving. Like all California drivers, if your BAC tests at or over .08 you can be arrested for DUI. For Under 21 Drivers, however, there is less tolerance and a BAC of .05 or even .01 can result in a DUI arrest and additional consequences.

All three BAC levels will cause at least a 1 year CA driver's license suspension.

Special Rules for Under 21 CA Drivers Stopped by Law Enforcement
When you are under 21, you must submit to the Preliminary Alcohol Screening (PAS) device if asked by law enforcement. If you refuse the test, DMV will suspend your license and you will not be eligible for a critical need restriction.

Post Arrest Options - Critical Need Restriction
You may qualify for a "critical need" restriction and be able to get your license back after 30 days. DMV has a 2 page form that you fill out and mail in. The Administrative Per Se (APS) hearing is not the time or place to make this request.

Treatment of alcohol related offenses for under 21 drivers, in the court setting, varies from county to county. The information listed above is generally meant to apply for first offense cases. If you have had prior DUIs or alcohol related offenses, there may be further consequences.

Recent Sacramento Under 21 DUI Defense Example
Most of the same defense strategies apply to under 21 DUI cases. In December 2011, a 19 year old college student was stopped on the freeway when his vehicle crossed onto the lane line. He failed the roadside field sobriety tests, was arrested and his BAC was .19. Clearly, the crime was committed. Even so, our office subpoenaed the video of the stop so that we could see if the officer was justified in pulling our young client over. Following the DMV APS hearing, in which we were armed with that video and some favorable case law, DMV“set aside” or dismissed the suspension against this individual. The case is now set for a suppression motion and jury trial to make the same argument in the criminal courts


Under 21 and Just Arrested for DUI in Sacramento County? Call Us Now..




 

 

 

 

 
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