Legal Question in DUI Law in California

Hi, I'm a 19 year old male and I recently got caught speeding(~10 MPH over the limit). When they pulled me over, they could smell alcohol in the car I guess(my 2 friends in the car, also under 21, were very drunk), so they gave me a breathalyzer. I had had like 2 cans of beer an hour or so ago, so I was pretty sure I was ok to drive, but apparently I had something like 0.04 BAC, so it would have been fine if I was 21 I guess. But because I'm 19, I got a 30-day temporary license thing, then they said I probably won't be allowed to drive for a year. I haven't had my court date yet, I'm wondering if there's any possibility I can get my license back before a whole year goes by or anything I can do before my court date to prepare, etc. Thanks for any input


Asked on 2/22/11, 1:40 am

1 Answer from Attorneys
Paul Burglin Burglin Law Offices

You are subject to a one year suspension of your driving privilege if either (a) the DMV upholds the administrative suspension action; or (b) you are found guilty of the infraction in Court.

Both the APS suspension action and the infraction are based on the allegation that you drove with a .01 percent or higher alcohol content. The one year period can end up being longer than one year if one of the suspension actions starts sooner than the other one.

There are ways to try and avoid it, but it's tricky and you should ideally have an experienced DUI defense lawyer handle it.

If you cannot avoid it, you may apply for a criticial need to drive but they are rarely granted by the DMV.

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Answered on 2/22/11, 7:04 am


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