When it comes to
underage DUIs, it’s tough. In the eyes of the law, if you’re over 18, you’re
technically an adult who can move out of your parents’ house and
join the military. But you can’t purchase alcohol, nor can you drive
with any measurable alcohol in your system.
Take it even further, if you’re convicted of driving under the influence
and you’re under 21, you face harsher penalties than someone who
is 21 or older, and this includes a longer driver’s license suspension.
Just because you’re young, it doesn’t mean that you don’t
have responsibilities. Whether you go to school and work full-time, are
a full-time student, or are in the military, you likely rely on your license
to get to work or school, or both – you’re livelihood may
depend on it.
California’s Automatic 1-Year License Suspension
If you’re under 21 and you were convicted of DUI, your driving privileges
will be automatically suspended for 1 year. So, the question is, can you
get a restricted license so you can drive to and from work?
There is no guarantee that a judge will grant you a restricted license, but
it is possible. Under
VC § 13202.5(c), a California resident can petition the DMV for a restricted license
in lieu of a license suspension based on the “critical need”
to drive. Usually, a judge issues a restricted license based on the need
to drive for school, a medical need, or employment.
Remember, just because you can apply for a restricted license, it doesn’t
automatically mean that it will be granted. The granting of restricted
licenses to DUI defendants are handled on a case-by-case basis and are
very fact dependent.
The DMV will take into account the ease of access to public transportation,
if you have other licensed drivers in your home who can give you rides,
your work schedule, etc. If you are interested in petitioning the DMV
for a restricted license, an experienced Orange County DUI attorney from
our office can provide you with more insight.
Do you want the ability to drive, or better yet do you want to fight your
charges? Contact the Law Offices of Virginia L. Landry, Inc.
to discuss your case with a
Board Certified DUI specialist!