Legal Question in DUI Law in California
Kay so me (18yrs old) and 2 other friends ( one is 18 and one is 21) were partying . Yes I drank that night and so did my 18 yr old friend so we decided to let my 21 yr old friend drive (b/c he didn't drink that much) but he doesn't have a license . We get to a gas station to buy chips and we parked right next to the pump cus we weren't sure if we were ganna get gas at that moment . We then go inside and buy chips but my 21 yr old friend gave me back my keys because we've all been drinking and I desired my car keys back because we were thinking of where to park to sleep. We were eating the chips at that pump for like 10 min and then 3 cops came out of nowhere and searched us . I was sitting in the driver seat when they came so they rushed me with questions and right away noticed I was drunk , I didn't wanna say my friend drove because I knew he didn't have a license . In the end I got a sobriety test and eventually arrested and got an underage DUI . What should I do with out getting me or my 21 yr old friend in trouble ! Please helppppp!!
2 Answers from Attorneys
There is nothing you can do or need to do to get your friend in trouble, since nothing you say to try to finger him as the driver is going to get you OUT of trouble unless the friend confesses to being the driver, and even then, the DA is unlikely to drop your charges, but might add charges against him. Bluntly, you face the DUI charges because you had the keys and were sitting in the driver's seat. You need an attorney to help you handle these charges. If serious about doing so, feel free to contact me.
Since a DUI is a misdemeanor, if you can't afford your own attorney the Public Defender will be appointed to represent you. Your attorney, either the one you hire or that's appointed to you will advise you about your best course of action.
Depending on the county, you may not have to be in court for one month or more after the arrest. If you received a pink piece of paper from the officer, a temporary license, read it carefully and preserve your right to a hearing with DMV. You have ten (10) days from the date of arrest to request a hearing and a stay of the suspension. If you do not, your license will be suspended for one year since you are under 21.
Good luck,
Elena Condes
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