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How can I prevent my license getting suspended or at least get a restricted license?

El Cajon, CA |

I am 20 years old. This is my first offense. I work and attend college. My BAC level was 0.05%. I live in California.

Attorney Answers 9


  1. Talk to a DUI or Criminal Defense lawyer. There are numerous basis for preventing a suspension, but they are all fact specific.

    The opinions rendered herein are based on general principles of law. Laws vary from jurisdiction to jurisdiction and there are often numerous factors which can render advice or an opinion inapplicable. You should NOT make any decisions about the handling of a legal matter without first directly consulting with an attorney about the particulars of your case.


  2. It can be prevented, but more facts are needed about the case. Call an attorney.

    877-603-8473 - Peter S. Cameron, Esq. 2445 Fifth Ave. #350, San Diego, CA 92101 - Call 24/7 for a FREE CONSULTATION!


  3. You can apply for a critical needs license through DMV in Sacramento. It would help if Judge granted you a Petition for a restricted license . This could make getting a critical needs license easier. Get an attorney.

    Andrew Roberts

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


  4. I agree with my colleagues--you really need to discuss specifics with an attorney. Many of us on Avvo provide a free consultation.


  5. Contest the citation in both the DMV and the court. If you win the DMV and get a dismissal in court you would not lose your license. You have to request a hearing from the DMV within 10 days of the citation. It is best to have an attorney to represent you because these case are technical. If you lose the DMV, or court, you would likely be able to get a critical needs license to drive on school and work. You would need approval from the DMV and court.


  6. You probably cannot prevent your license from being suspended. Since you are under 21 any measurable amount of alcohol in your blood is illegal while driving. You will be able to get a suspended license. 30 days after the suspension you need to go to the DMV and get a restricted license. You will be able to drive both to school and work.


  7. Setting up the DMV administrative hearing within 10 calendar days of your arrest and hiring the best, locally experienced, criminal defense attorney to assist would be a good start.

    Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555


  8. Retain a good criminal defense attorney without further delay. Many of us here on AVVO offer free consultations.

    Law Offices of Jay S. Finnecy (619) 855-3003 or (760) 522-7006 criminalattorneysd.com


  9. You have to set an APS hearing. The charges can be fought....you were right there at the limit .05%
    Find an attorney who gives free case evaluations and see what your options are.
    It is key that you hire the best locally experienced criminal defense attorney to represent you that you can afford. You should obtain a free consultation as soon as possible. Good luck.

    Law Offices of Mark Deniz-Free case evaluations given
    1010 2nd Avenue, Suite 2307, San Diego, California 92101 (858) 751-4384
    Free Case Evaluation- Serving all San Diego County. www.denizdefense.com

    This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient factual/legal documentation to give a complete answer to your question and there may be more to the issues you raised then I have set out in my brief reply

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