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UNDER 21 DUI Being stopped by a police officer for suspicion of drunk driving, going through a full investigation, and being arrested for DUI when you are under 21 carries different penalties than someone over 21. If you are under 21 and the officer believes you've been drinking, you will be given a Preliminary Alcohol Screening test. It doesn't matter how much alcohol the officer thinks you have had if the officer believes you've been drinking any amount of alcohol, you must take a PAS test. If a PAS testing device in not available, you would have to take another type of chemical test like a breath or a blood test. If you refused or didn't complete the PAS (or other chemical) test, you would have additional progressive driving privilege revocations. If your PAS test (or other chemical test) shows a BAC of 0.01% or higher, the officer will take away your driver license and give you a temporary driver license. The officer will tell you "your driver license is going to be suspended." The suspension will go into effect in 30 days. If your BAC is 0.08% or higher, you will be arrested, your car will be impounded and you'll have to call somebody to bail you out of jail. After your PAS test (or other chemical test), the officer will complete a DMV form. The form is called the "Administrative Per Se Suspension/ Revocation Order and Temporary License." This form tells you about upcoming driving privilege suspensions. It gives you information about requesting a DMV hearing. You will get a copy of the completed form. You may have to go to court. The court may also impose fines and penalties. It's important you contact an experienced and aggressive DUI defense attorney to handle both the DMV hearing and the criminal case. California Vehicle Code Section 23136 California Vehicle Code Section 23140
California Vehicle Code Sections 23152(a) &
23152(b) Other Possible Charges Restricted License - Critical Need to Drive In some circumstances an under 21 driver may be eligible for a restricted license if they can show the DMV that there is a "critical need" to drive. Critical need means the circumstances required for issuance of a junior permit including: School or other transportation facilities are inadequate for regular attendance at school and at activities authorized by the school. A signed statement from the school principal verifying such facts is required. A junior permit issued under this subsection shall be restricted to operating a vehicle from residence to the school and return. Reasonable transportation facilities are inadequate and operation of a vehicle by a minor is necessary due to illness of a family member. A signed statement from a physician familiar with the condition, containing a diagnosis and probable date when recovery terminates the emergency is required. Transportation facilities are inadequate, and use of a motor vehicle is necessary in the transportation to and from the employment of the applicant and the applicant's income from such employment is essential in the support of the family, or where the applicant's operation of a motor vehicle is essential to an enterprise from which an appreciable portion of the income of the family will be derived. A signed statement from the parents or the guardian, setting forth the reasons a permit is necessary under this subsection is required. The existence of public transportation at reasonable intervals within one mile of the residence of the applicant may be considered adequate grounds for refusal of a junior permit. Free Same Day ConsultationFor more information about Under 21 DUI charges, call Drunk Driving Defense Attorneys Roland X. Tiemann, Peter B. Tiemann for a free same day consultation at (530) 621-2400 or (916) 941-7300. We are experienced and Aggressive DUI defense lawyers who will vigorously represent you.
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