Do You Need Legal Help?

Complete and submit this form and we will contact you shortly.
* required fields.

Free Consultation
First Name: *
Last Name: *
Email: *
Phone: *
Arrest Date*
Arrest County
Arrest State	Choose One CA AL AK AS AZ AR CO CT DE DC FL GA HI ID IL IN IA KS KY LA ME MD MA MI MN MS MO MT NE NV NH NJ NM NY NC ND OH OK OR PA RI SC SD TN TX UT VT VA WA WV WI WY
Court Date
Offense: *
Choose One Appeals DUI Type (Choose One) DUI Vehic Manslaughter DUI Watson Murder Drug Crime (Choose One) DUI Drugs Drug Possession Drug Sales Expungement Pre-Arrest Sex Crimes Theft (Choose One) Embezzlement Grand Theft Traffic Offenses Violent Crime (Choose One) Assault/Battery Domestic Violence Murder/Manslaughter Other
Questions/Comments
Please enter the Security Code shown below:

By submitting this questionnaire, you are not forming an attorney-client relationship. The only way to establish an attorney-client relationship with a criminal defense attorney or DUI / DWI criminal defense lawyer at The Kavinoky Law Firm is to sign a written retainer agreement and comply with its terms.

Critical Need Restriction for Drivers Under 21

Drivers under 21 who are arrested for DUI / DWI or any alcohol-related driving offense in California have just 10 days to request a DMV hearing or risk the automatic suspension of their driver’s licenses. Drivers who are unsuccessful at the Department of Motor Vehicles face a lengthy driver’s license suspension. However, drivers under 21 whose licenses are suspended by the D.M.V. may be able to obtain a restricted license because of “critical need.” The experienced drunk driving defense attorneys at The Kavinoky Law Firm can answer any questions about DMV hearings or critical need restrictions during a free consultation.

The requirements for critical need restrictions for drivers under 21 are fairly strict. The driver must have no access to public transportation, or work to support his or her family, or be responsible for obtaining medical care for another family member.

Drivers under 21 who lose their DMV hearings and receive a restricted license based in critical need are only permitted to drive only for the purposes outlined in the petition for the restricted license. Any driver with a critical need restricted license who is caught driving for other purposes will face additional punishment.

Unfortunately, drivers under 21 are much more likely to have their licenses restricted during a DMV hearing than other drivers. Every driver arrested for operating a motor vehicle in California with a blood alcohol content (BAC) of .08 percent or greater faces a suspended license, but for drivers under 21 that limit drops to just .01 percent BAC.

The DMV hearing process is fairly straightforward – unlike criminal courts, which rely heavily on live witness testimony, Department of Motor Vehicles hearings are largely document-driven. The DMV hearing officer will consider evidence such as the police report and the driver’s chemical test results. If the hearing officer can establish three facts – that police had probable cause, that the arrest was lawful, and that the under-21 driver’s BAC was .01. percent or greater – the driver’s license will be suspended for one year.

If the driver was arrested for DUI / DWI with a BAC of .08 percent or greater, this one-year suspension will be in addition to the penalties imposed by the DMV for a drunk driving arrest. And a driver under 21 who refused to take a chemical test of the blood, breath or urine to determine BAC faces an additional suspension.

Although a critical need restricted license may be available to individuals under 21 years old who are arrested for alcohol-related driving offenses, a driver who wins his or her DMV hearing and court case won’t need to apply for one, because no penalties will be imposed. The experienced DUI / DWI defense lawyers at The Kavinoky Law Firm are extremely knowledgeable about the issues facing drivers under 21 and fight hard for their rights and freedom.