Redwood City Underage DUI Attorney
Offering skilled and experienced DUI defense for persons under 21 years of age - DMV Hearings
A detention with a.01 or greater blood alcohol can pose a serious threat to the future of a minor or someone under 21 years of age. Northern California and San Francisco Bay Area criminal defense and DUI lawyer Shelley D. Dwyer will listen to the unique facts of your case, find solutions that are appropriate for your special needs and goals, and fight to protect your future.
Call 650-367-8500 or contact us for your free initial consultation with a Redwood City underage DUI lawyer
The State of California utilizes a "zero tolerance" policy with respect to drivers under the age of 21. This means that a person under 21 can face a suspension of their license with as little as .01 percent of alcohol in their blood. In some respects, this makes the law harder on young people than it is on adults, as the loss of license is for one year on a first offense.
When a person under the age of 21 is facing a drunk driving arrest, there is great opportunity to negotiate with prosecutors in an effort to find a punishment that is seen to fit the individual. It is very common for minors and persons under 21 to receive greatly reduced penalties or to be charged with lesser offenses, especially if their blood alcohol content was found to be relatively low. Special DMV hearings exist for minors and persons under 21 that will determine the young person's driving privileges. Again, there are many alternatives to make sure school and or work needs are met.
In addition, young people can be charged with a DUI as an adult, as well and face stiffer penalties. Thus, there is a wide range of potential penalties a person under 21 may face. It is extremely important to contact an experienced DUI attorney to help explain what alternatives are available and to negotiate for the rights of young people.
Because of the zero tolerance policy, minors and persons under 21 can not refuse to take a hand-held breath test - even though these tests are considered so unreliable that adults can lawfully refuse them. Since the law states that persons under 21 cannot drive after consuming a measurable amount of alcohol as measured on these machines to be .01, they can be considered reliable enough as evidence to suspend their privilege to drive.
Your lawyer can attack this evidence and its flaws. Hand-held machines are difficult to calibrate and they are often handled by persons who are inexperienced or unqualified to do so. Administration of these and other tests are governed by specific rules. When these rules are not followed, inaccuracies can result. Speak to experienced DUI attorney Shelley D. Dwyer about the evidence in your case.
Contact a San Mateo County Lawyer for Under 21 DUI Defense
If you are facing a drunk driving arrest, contact the Law Offices of Shelley D. Dwyer by calling 650-367-8500 and schedule an appointment (usually available the same day), or fill out an online contact form.