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20 years old, first DUI, do I need a lawyer?

Los Angeles, CA |

I'm 20 years old and got pulled over last night for following too closely. The cop thought I had been drinking, I took the breathalyzer test and failed at a .09, he let me wait and take it again at a .07. They towed my car, suspended my license, and gave me a temporary license with ten days to schedule a hearing with the dmv. I was not arrested and I didn't get a ticket. Did I get a DUI? And what should I do next?

Attorney Answers 9

Posted

Since you are under 21 you for certain have been arrested and cited for having more than 0.01% alcohol in your system and that carries a one-year DMV suspension. You do have a right to a hearing if requested within 10 days and you or an attorney NEED to make that request and request a stay of the suspension. At a minimum you were cited for a VC 23140 charge of driving with an alcohol level between 0.05-0.079 and quite likely also for VC 23152, a DUI. Discuss your case with a few good DUI attorneys in your area.

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Posted

Since you are under 21 the officer certainly cited you for violating California's zero tolerance law. A underage driver violates the zero tolerance law if they: 1) Takes a Preliminary Alcohol Screening (PAS) test, or a chemical test (blood or breath test) with a Blood Alcohol Concentration (BAC) level of 0.01% or more; OR, 2) Refuses to take, or fails to complete, a PAS or other chemical test. If you do nothing the DMV will suspend your license for one year. You definitely want to request a DMV hearing to fight this. You also can be charged with a DUI under 23152(a) which is driving while impaired that does not require being over .08. I would definitely consult with an experienced DUI attorney and many of us here on AVVO provide free consultations. What court is your case out of?

Contributions on AVVO.com in no way create an attorney-client relationship nor are they intended to be relied upon as a course of action without having first consulted directly with an attorney, where the specific facts and circumstances of your case can be fully discussed.

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Posted

You need a lawyer, particularly because you are under 21. There are serious consequences to your license for drinking and driving under 21. Under 21, there is zero tolerance, which means even at a .07, you are in trouble because you should not have been drinking. I offer a free consultation, as do many on this site, but don't delay. Also, read the pink sheet carefully, it tells you about the 10 day period. You need to reserve the hearing. It is VERY important. Hopefully you are still within the period.

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1 comment

Anthony Michael Solis

Anthony Michael Solis

Posted

Also, you need a lawyer because you can't navigate all these legal issues yourself. You really need competent legal counsel to assist you with both the DMV and the Court and properly evaluate all the issues that are bound to come up in your case.

Posted

Yes. You absolutely need a lawyer. Just on the suspension alone, you are looking at 1 yr with no license (not even restricted). In addition to that, your looking at hefty fines, DUI program, probation, potentially jail (though that is unlikely depending on facts), and probation. This doesn't even consider any collateral consequences like an inability to find a job or disqualification from certain jobs.

Contact a few local DUI lawyers to discuss the case. If you are going to hire one, do so before the 10 day window expres to contact DMV. That way, they can contact dmv for you and avoid any scheduling errors by DMV.

Any information provided through Avvo.com in response to a question is not, and cannot be considered a formation of any Attorney-Client relationship. Questioner understands that the nature of this system allows only for a cursory review of case information, and more detailed information should not be divulged in this public forum. As such, Questioner is recommended to contact an Attorney in order to discuss the full details of their case and a more specific advisement of potential rights and liabilities.

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14 lawyers agree

Posted

Not required but HIGHLY recommended. Probably your only chance to beat the case entirely. If you've got a lot to lose, then you should probably invest in a skilled attorney.

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17 lawyers agree

Posted

My colleagues are correct--you need to hire an experienced lawyer if you can do so. You have a lot at stake given your age.

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Posted

Yes, you should always consult an attorney fin any criminal situation. It is particularly important that you consult an attorney with experience handling DUI cases in your particular geographical area. There are many consequences that can result from a DUI conviction, jail, fines, treatment, the requirement that you have an ignition interlock device installed as well as other conditions imposed by the court. Further, there are many possible collaterol consequences such as a license suspension and a requirement for multiple years of high risk insurance. Additionally, there could be problems in obtaining employment and security clearance for certain types of work, and there may be problems traveling into other countries including Canada. I strongly urge you to contact an attorney as soon as possible.

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15 lawyers agree

Posted

You need an attorney. CA is a zero tolerance state with alcohol and under 21. You will loose your license for one year. There are possible ways to deal with this - but it is very tough and you need an attorney to get you through this.

Andrew Roberts
(818) 597-0633

Andrew Roberts (818) 597-0633/ (805) 496-7777

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12 lawyers agree

Posted

YES for DUI and Since your under 21, You will probably be charged with VC23152a and b, VC23140 and /or VC23136 (zero tolerance law). At least 1 count DUI charge will appear, Watch for a "Notice To Appear" to come in the mail or delivered in person, this is your complaint with a court date that is mandatory for you OR our attorney to appear at.
HELP YOURSELF IMMENSELY IMMEDIATELY GET YOUR DMV HEARING DATE or save time, money and frustration and avoid any scheduling errors by DMV, avoid jail and keep your drivers License and prevent or minimize your criminal record, let us go to court for you - call our expert DUI attorneys (first hand experienced with all aspects of DUI situations) will be beneficial to you, Not required but HIGHLY recommended. Probably your only chance to beat the case entirely or minimize the damages and protect your future, as we can get your criminal charges (discovery the evidence against you) before your criminal court appearance, allowing you to know all the evidence against you. (you could also qualify for some alternative to prevent / minimize losing your license, but this must be done immediately). Without a lawyer you will likely receive a DMV suspension of your license, a minimum 1 year, plus hefty fines, public service time, DUI program $3000.00+3 months up to $12,000+12 months, probation, potentially jail, violation conditions VC23600 and other possible collateral consequences like extensive time loss of license, excessive increases in car insurance rates, inability to find a job or disqualification from certain jobs while this remains on your record for at least 10 years and up to 14 years.
The science of DUI litigation alone is beyond most lawyers. You need someone who knows their way around a DUI case, and knows it well, my full understanding of rules, regulations, repercussions, protection and defense against destroying other areas of you and your families lives.

Get a Free Case Review! 1-855-411-2643 RESPOND QUICKLY TO HAVE MORE OPTIONS. **DON'T ASSUME YOU HAVE NO DEFENSE ** DON'T GO TO COURT ALONE ** WE CAN HELP YOU NOW ** Convictions can be Beat. Any information provided through AVVO.com in response to a question is not, and cannot be considered a formation of any Attorney-Client relationship. Questioner understands that the nature of this system allows only for a cursory review of case information, and more detailed information should not be divulged in this public forum. As such, Questioner is recommended to contact this Attorney in order to discuss the full details of their case and a more specific advisement of potential rights and liabilities, to be better informed before making a decision.

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1 comment

Howard M Lewis

Howard M Lewis

Posted

great counsel

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