My underage DUI conviction was dismissed and reduced to only having an open container. Can i obtain my suspended license back?

Sorry...most alcohol related offenses for a minor (under 21) trigger a one year suspension. Hopefully your attorney explained that to you before pleading guilty.

Also, if you lost the DMV hearing, then you get the suspension from that.

Good luck with your situation You can attempt to get a critical needs license from the DMV and hope they don't realize the open container.

Matthew Williamson

Your lawyer can request to "re-open" the DMV hearing based upon the dismissal of the DUI in court - a second bite at the apple. But, this only results in another hearing. If it is won - your license back. If not, you are suspended and after 30 days hard suspension you can request a critical need license.

Good advice by great attorneys. I would add: Please print-out and complete the DMV Application for Critical Need Restriction found at http://www.dmv.ca.gov/forms/ds/ds694.pdf . Include as many documents as possible from your school, physician, &/or employer to support your need for a restricted license.



DMV's guidelines are found at http://www.dmv.ca.gov/about/lad/pdfs/cnr/terms.pdf .



In order for the Application to have any chance of being granted, you have to get as much documentation as you can - showing no transportation is available for the time(s) you go to/from school &/or work.



Attached bus/train schedules, Mapquest maps from home to school &/or work, etc. attempting to show it's impossible (not just inconvenient). The more documents you attach, the better.



State no other licensed person resides in the household is available for carpooling.

If you are working, state your income is essential to the household.



Mail to the address at the top; please send a copy to me at PO Box 503483 SD CA 92150.



Attach a copy of any Petition to Court for Review of License Suspension which has been granted. (If not granted yet, mail the Application anyway; we can resubmit the Application if/when court grants Petition.)



Rick Mueller, Attorney

San Diego County DUI Law Center

www.SanDiegoDUILawyer.com

Specialist Member of California DUI Lawyers Association

Editorial Consultant for California Drunk Driving Law book

1-800-843-5293 1-800-THE-LAW-DUI Fax (858) 451-9097

Great answers from great attorneys.

Pursue the DMV hardship license.

Edward J. Blum