Legal Question in DUI Law in California

Yes. While his blood alcohol level was under the legal limit of .08%, because is under 21 he can and likely will be facing several consequences for which an attorney will be necessary. First, he may face criminal charges for being under 21 and driving with a .05% or higher. In addition, the DMV will suspend his license for a year based the zero tolerance law, which is shown if he had a blood alcohol content over .01%. These are two separate proceedings and it's important to know that a public defender will not help you deal with the DMV, so it would be wise to retain private counsel. Good luck.

I always think it's a good idea to, at least, speak with a qualified attorney in or near your area. Usually criminal defense attorneys give free consultations so you have nothing to lose and it would be important for you to know the possible ways your son;s case can go and the process. You MUST have your son file an appeal with the DMV within 10 days of the arrest or he will lose his driving priviledge without a fight. If you hire an attorney within the next few days, the law office should do that as part of their representation. You may call me and I will be more than happy to discuss the case with you on the phone to give you some advise. I wish you and your son the best. God Bless you...David Wallin

Of course. Your attorney will defend the criminal charges, set up and attend your court hearing[s] and trial date, file your motions as applicable, go to trial if you can't resolve it with a plea bargain. You can raise all your defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments for plea bargaining or at trial. There is no magic wand to wave and make it all disappear. If serious about hiring counsel to do this, feel free to contact me.

Keep in mind: When you are arrested for DUI, upon release from jail or booking, you�ll be given documents that include a notice from DMV that you have only ten days to file a request with DMV for a hearing on an appeal of the automatic one-year suspension of your license. Contact DMV and do so, timely. You can hire an attorney for that hearing if you want.