Underage DUI
My 18-year-old daughter was stopped in a parking lot for a welfare check because a cop saw her fighting with her boyfriend. She had backed out of a parking space and driven maybe 50 yards. He smelled alcohol, tested her, and arrested her. She blew a 0.070. At the hearing today, she was given the 3 month revocation, but she was also told that she may lose her license for a year if they found her guilty of ''operating a motor vehicle while impaired.'' It was her first offense. Is this worth hiring a lawyer over, or is it black and white (automatic one year revocation)? Could she at least be granted a probationary license for school and work?
1 Answer from Attorneys
Re: Underage DUI
You didn't mention whether she was actually charged with DWAI, which is driving while impaired.
If she was, and this was her first offense, depending on the county where she'll be arraigned, the district attorney may be willing to reduce the charge, which would save her license.
For example, she might be able to plead guilty to careless driving, in exchange for the DA dropping the DWAI. There would be conditions, however, which might include 24 hours of community service, an alcohol education class, and a fine.
At the DMV, a guilty plea to careless driving would cost 4 points against her driver's license; an 18-year-old could accrue nine points in 12 consecutive months, 12 points in 24 consecutive months, or 14 or more points between the ages of 18-21, before the license would be suspended.
So, it's not black and white. Is it worth hiring a lawyer over? Depends on how confusing all this is to you, and how comfortable you and your daughter are dealing with a district attorney.
Good luck.
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