Legal Question in DUI Law in California

Probably even better than the wet reckless conviction you refer to (legally known as California Vehicle Code Section 23103 per 23103.5). A lot depends on which county you were pulled over and which California DUI Attorney you retain. In San Diego County, there are three California DUI Lawyers Association Specialists to choose from. See http://www.sandiegoduilawyer.com/articles/under-21-dui-laws.html .

You may be able to get the case dropped down to an infraction as you were around a 0.05 BrAC and were under 21 at the time of the detention. The deciding factor is whether the officer felt you were impaired, which is unlikely based on the BAC results.

Peter F. Iocona, Esq.

Email: [email protected]

Your bigger concern is the DMV. They would be looking to suspend you license if you are .01 or above. The courts would likely drop it to a lesser charge but this would not be enought to avoid a DMV suspension. The good news is you can apply for a critical need license.

The DMV will suspend your license for one year as your are under 21. You can apply for critical needs license. Case will most likely become an infraction. You need an attorney.

I'm sure you've gotten a variety of answers already - the main issue is your age. There are several levels of alcohol-related offenses for under 21 drivers, but the DMV takes a zero tolerance stance with underage drivers. There may be defenses to the admissibility of the breath results and/or the officer's testimony.

You have the two battles to fight - court and the DMV. Is time to consult with an attorney in the county whee this occurred.

Worried about suspended license...? You should be. Suspension is automatic upon your arrest.

When arrested and charged for DUI, whether alcohol or drugs, then upon release from jail or booking the defendant is given documents that include a notice that you have only ten days to file a request with DMV for a hearing on an appeal of an automatic suspension of your license imposed by DMV. Your age and the BA level is a factor in how long. That is separate and runs consecutively with any suspension that may be imposed by the court. Contact DMV and do so, timely, then appear at your scheduled DMV appeal hearing and present any supporting evidence and testimony. If you don't know how to do these things effectively, then hire an attorney that does.

Of course you can fight the criminal charges. The proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney that does, who will try to get a dismissal, diversion program, charge reduction, or other decent outcome through plea bargain, or take it to trial if appropriate. Your age and the BA level is a factor in determining what charges the prosecutor will bring, and what penalties potentially apply. With low BA, you may be able to get charges reduced substantially.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help, using whatever defenses there may be, and have been doing these cases for many years.