Pulled over no license and alcohol level of.023, what do i do?

Asked over 4 years ago - San Jose, CA

got pulled over then told them i didnt have a license and they took down my information and they smelled alcohol and took a test and i tested .023. do i still notify dmv and can i go get my license to help my case?

Attorney answers (1)

  1. Robert Lee Marshall

    Contributor Level 20

    Answered . Your question is pretty hard to follow. You'll get a better answer if you re-write it so someone can understand what you're trying to say.

    It sounds like you receiced notice of a "Zero tolerance" suspension because you're under 21 the breath test showed you had a breath alcohol level over .01%.

    Did you receive a pink piece of paper that has "DS367m" on it? That means you need to contact DMV within ten days of the date you received the notice and set a hearing date; if you miss the deadline, you won't be able to get a license for a year.

    Most DUI attorneys also represent clients at DMV hearings.

    It sounds like you also have a court case, where you're charged with Vehicle Code 12500, driving without a license. This can be a misdemeanor, with a potential jail sentence, or an infraction, punishable only by a fine. Depending on the circumstances, the judge may agree to reduce a misdemeanor to an infraction if you get a license.

    Please understand that this is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. It's impossible to give detailed, accurate advice based on a few sentences on a website (and you shouldn't provide too much specific information about your legal matter on a public forum like this site, anyway). You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information.

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