Legal Question in DUI Law in California

Your son is facing two legal issues here.

The first is a potential DMV administrative suspension for driving with a blood alcohol level over the legal limit. Because he is under 21, he is subject to the Zero Tolerance rule, and his license can be suspended for a year if his blood alcohol level was .01 percent or greater.

The officer should have given him a pink DMV hearing notice. If he doesn't request a hearing within ten days of his arrest, DMV will automatically suspend his license.

With a low blood alcohol level, there is a chance he will be charged with an infraction for being under 21 and driving with a blood alcohol level over the zero tolerance limit.

If he is charged with an infraction, he is not entitled to the public defender's services. Even if he is charged with a misdemeanor drug/alcohol DUI, the public defender will only represent him in the criminal case, not at the DMV hearing.

For the best possible outcome, you should hire an experience DUI attorney who can address both the criminal case and the DMV administrative issues.