Getting an underage DUI (a DUI for someone under 21) can be tough. In the
eyes of the law, if you’re over 18, you’re 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
DUI and you’re under 21, you face a longer driver’s license suspension
than someone who is 21 or older.
Suppose you’re convicted of
underage DUI. Just because you’re young, it doesn’t mean 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 probably rely on your
license to get to work or school, or both – your livelihood may
even depend on it.
California’s Automatic License Suspension
If you’re under 21 and you were convicted of DUI, your driving privileges
will be automatically suspended for one 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
medical need, or
Just because you can
apply for a restricted license, it doesn’t mean it will be granted. The
granting of restricted licenses to DUI defendants are handled on a case-by-case
basis and are 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, and your school or work schedule, etc.
Want the ability to drive, or 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 for free!