Can An Underage DUI Offender Procure A Restricted License?
- November 23, 2015
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DUI laws in California rate among the most stringent in the U.S. There is zero tolerance for a person under 21 who sat in the driver’s seat with any detectable blood alcohol concentration level. If a police officer stopped an underage person and established a BAC of even .01%, the driver’s license was immediately suspended in the duration of one year.
Critical need restricted license
If you were charged with a DUI and you are under 21, you will get a different treatment than someone in the same situation but over 21. First of all, underage drivers aren’t allowed any blood alcohol concentration while they are driving, while drivers over 21 can have a concentration equal to or below .08%.
If a chemical test establishes any blood alcohol concentration at all for an underage driver, their license is automatically revoked for one year. A person over 21 with a BAC over the legal limit can still apply at DMV to keep their license at least until the trial is over.
Lastly, it’s more complicated for an underage driver to obtain a restricted license than it is for someone who is of age. Persons under 21 can apply for a critical need restricted license to get to and from school, work, family business which provides main income for the family or a medical facility because a family member is ill.
What is the application like?
Firstly, the DUI offender must be legally present in the State of California and must have accepted a chemical test without refusal (prior to their arrest). They should also fill out and submit a form called “Application for Critical Need Restriction”, pay a fee of $100 for license re-instatement and provide California Insurance Proof Certificate. All of these are to be submitted at DMV.
In the form, the applicant should explain why they are applying for the critical need license, describe their transportation needs, quote the distance between their home and the destination, as well as state what other transport options there are and why they are inadequate to accommodate the applicant’s needs. They should also state whether there are any other drivers in the household and why they are unable to drive the applicant to the desired destinations. Depending on why the applicant needs this license, an additional statement of facts is filled out by the other members of family who cannot drive the applicant, the dean, principle or employer.
Get the best DUI lawyer in Los Angeles
If you are an underage driver with a DUI charge, you should seek the advice and guidance of an experienced DUI lawyer. At Los Angeles DUI Lawyer Pros you can get the best DUI lawyer in Los Angeles who can guide you through the legal procedures and help you obtain a critical need restricted license. Call us right away for a free case review and get advice from the best. Don’t be intimidated by the system! Pick up the phone and call us now!