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Consequences for Loss of DMV Hearing for Drivers Under 21

Every driver arrested for DUI / DWI in California must request a DMV hearing within 10 days or have their licenses automatically suspended, but accused drunk drivers who are under 21 face special challenges at the Department of Motor Vehicles. Anyone under 21 who was arrested on an alcohol-related driving offense needs an expert defense lawyer fighting for his or her rights. The knowledgeable DUI / DWI defense attorneys at The Kavinoky Law Firm are experienced in every aspect of defending accused drunk drivers who are under 21 both in court and at the D.M.V.

The DMV administrative action following a California drunk driving arrest is separate from the criminal court prosecution. While the courts are concerned with both the driver’s blood alcohol content (BAC) and mental and physical condition, the DMV focuses only on BAC.

While drivers over 21 will see their licenses suspended at a DMV hearing for having a BAC of .08 percent or greater, drivers under 21 are held to a much stricter standard – they will lose their licenses for being behind the wheel with a BAC of just .01 percent or greater.

Because the laws governing driving and BAC are known as “per se” laws, the Department of Motor Vehicles action following a drunk driving arrest is known as an administrative per se (APS) hearing. The process of the DMV APS hearing is fairly straightforward. The DMV hearing officer will seek to establish just three facts – that police had probable cause to make an arrest, that the arrest was lawful, and that the driver, if under 21, had a BAC of .01 percent or greater. If those facts are established, the driver’s license will be suspended.

Drivers under 21 who are arrested for DUI / DWI or alcohol-related reckless driving face a license suspension of one year in addition to the suspensions imposed for a drunk driving conviction. Drivers under 21 who refuse to submit to a chemical test of the blood, breath or urine to determine BAC face an additional one-year license suspension for a first-time DUI / DWI. A second refusal will result in a two-year license revocation, and a third refusal is punishable by a three-year revocation.

Drivers who are under 18 who are convicted of DUI / DWI with a BAC of .08 percent or greater will have their licenses revoked for: one year; until they reach 18; or the period prescribed for the offense – whichever is longest. License reinstatement costs $100 and requires proof of financial responsibility. Juveniles 13 to 20 who are convicted of any alcohol-related offense – even those not involving driving – will have their first license delayed for one year.

Fortunately, there are several effective options to preserve driving privileges available to motorists under 21 who are arrested for alcohol-related driving offenses in California. The first and best option is to fight the DMV action and win. If just one of the three facts listed above – that police had probable cause, that the arrest was valid, or that the driver had a BAC of .08 percent or greater – cannot be proven, the license cannot be suspended.

The most effective way to accomplish this is to challenge the admission of the evidence. Unlike criminal court trials, which hinge on live witness testimony, DMV hearings are based largely on documentation such as police reports and chemical test results. An experienced California DUI / DWI defense lawyer will object to the admission of these documents on hearsay and other grounds.

However, even drivers under 21 who are unsuccessful at their DMV hearings may be able to obtain a provisional license based on critical need. These “hardship” licenses may be granted to drivers under 21 who have no access to public transportation, who must work to support their families, or who are responsible for the medical care of another family member.

Ultimately, the surest way for drivers under 21 to preserve their licenses after a DUI / DWI arrest is to prevail both in court and at the DMV. The experienced drunk driving defense lawyers at The Kavinoky Law Firm are skilled in representing under-21 drivers in both the criminal and administrative cases that stem from a California driving under the influence arrest. Contact them today for a free consultation.