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Los Angeles DUI Under 21 License Suspensions

March 21, 2024 Uncategorized

Los Angeles DUI Under 21 License Suspensions

Los Angeles DUI Under 21 License Suspensions

Getting arrested for DUI under the age of 21 comes with severe consequences in California. The state has a zero tolerance policy for underage drunk driving. Even first time offenses result in driver’s license suspensions, fines, DUI classes, and more.

Knowing what to expect with an under 21 DUI can help you take steps to mitigate the penalties. This article covers everything you need to know about underage DUI license suspensions in Los Angeles.

California’s Zero Tolerance Law

California has a “zero tolerance” law for drivers under 21 caught driving after drinking alcohol. The legal limit for these drivers is:

  • 0.01% BAC when driving a regular vehicle
  • 0.00% BAC when driving a commercial vehicle

Just one drink can put an underage driver over these limits. The zero tolerance law aims to prevent teens from ever attempting to drink and drive.

Penalties for Underage DUIs in California

The consequences for under 21 DUIs are harsh. Even first offenses have severe penalties, including:

  • 1 year driver’s license suspension
  • DUI education or treatment programs
  • Fines up to $1000
  • Community service
  • Possible vehicle impound

Second underage DUI offenses within 10 years add more consequences like jail time, an 18-24 month DUI program, and a 2 year license suspension.

The DUI License Suspension Process

There are two parts to an underage DUI license suspension – the administrative DMV suspension and the court-ordered suspension.

DMV Administrative Suspension

The DMV takes action right away to suspend the license of an underage driver who fails or refuses a chemical BAC test. This is an automatic admin suspension.

The officer serves the driver with a temporary 30 day license. The full suspension takes effect 30 days later for 1 year.

There is no need to wait for the court process to play out. The DMV admin suspension happens automatically after a DUI arrest.

Court-Ordered Suspension

After criminal DUI charges are filed, the court will order its own license suspension as part of sentencing if there is a conviction. This runs concurrent with the DMV suspension.

First offenses result in a 1 year court-ordered suspension. Second offenses within 10 years add an extra year, for a total 2 year suspension.

The court also requires proof of enrollment in a DUI program before reinstating driving privileges after the suspension.

Suspension Periods for Underage DUIs

Here are the license suspension periods for under 21 DUI convictions in California:

  • 1st Offense – 1 year suspension
  • 2nd Offense within 10 Years – 2 year suspension
  • 3rd Offense within 10 Years – 3 year suspension
  • 4th Offense within 10 Years – 4 year suspension

These suspension periods are mandatory minimums. The court cannot make exceptions or issue restricted licenses to underage DUI offenders.

Getting an Early Reinstatement After Suspension

Since there is a mandatory suspension period, there is no way to legally drive before the suspension term ends. However, steps can be taken to get your license back immediately after the suspension expires:

  • Enroll in a DUI program – Have proof you completed a program or are enrolled
  • File SR-22 insurance – High risk coverage required for 3 years
  • Pay reinstatement fee – Currently $55 at the DMV
  • Clear any outstanding DMV holds – Resolve any unpaid tickets or fees
  • Request license reissue hearing – If denied, request a hearing to appeal

Taking these steps right away helps ensure you can drive again once the suspension time period officially ends.

Penalties for Driving on a Suspended License

It’s very risky to drive in California on a suspended license. The penalties if caught are:

  • Up to 6 months in jail
  • Fines up to $1000
  • Automatic 1 to 2 year license suspension
  • Vehicle impound for 30 days

These criminal penalties create an even longer process to regain your license. It’s critical to avoid driving until your suspension is officially over.

Getting a Job Permit on a Suspended License

If your license is suspended but you need to drive to maintain employment, you can apply for a job permit. This restricted permit allows driving for work purposes only.

The process involves filing a request for a hearing at the DMV. You’ll have to provide evidence like:

  • Letter from employer verifying job and hours
  • Proof of enrollment in a DUI program
  • Filing an SR-22 form
  • Interlock ignition device installed

If approved at the hearing, the DMV will issue permits allowing work-related driving. This can help avoid job loss during a suspension.

Getting a Hardship License on a Suspended License

In cases of extreme hardship, it may be possible to get a restricted hardship license allowing essential driving like:

  • Work
  • School
  • Medical care
  • Child care transportation

You’ll have to request a DMV hearing and prove no other transportation options exist. These are very tough to get and may require legal help.

Using Rideshare Apps on a Suspended License

Rideshare apps like Uber and Lyft can provide transportation without driving yourself. However, be very careful using these apps if your license is suspended.

Merely being in the driver’s seat of a vehicle can warrant a suspended license charge. Also, apps require valid driver’s licenses. Let the rideshare driver know your situation.

Traveling to Other States on a Suspended California License

Your California suspension applies in other states too. Getting cited in a different state for driving on a suspended license triggers misdemeanor charges.

The new state may impose its own penalties on top of the California suspension extension for 1-2 years. Avoid driving outside California until your privileges are fully reinstated.

Getting Legal Help With an Underage DUI

Navigating the license suspension process after an under 21 DUI can be very complex. Having an experienced DUI attorney represent you is highly recommended.

They can help minimize penalties, guide you through the suspension requirements, and assist with reinstating your license ASAP. Don’t let an underage DUI keep you off the road any longer than absolutely necessary.

Conclusion

California takes under 21 DUIs very seriously. Even first time offenses result in 1 year license suspensions. Additional penalties like fines, DUI classes, and possible jail time can also apply.

Make sure you know all the rules of an underage DUI suspension to get your license back once the period ends. Never drive on a suspended license or you’ll face further criminal charges.

Consult an attorney to help reduce penalties and legally restore your driving privileges after an underage DUI conviction.

References

[1] https://www.dmv.ca.gov/portal/driver-education-and-safety/dmv-safety-guidelines-actions/driving-under-the-influence/

[2] https://www.mass.gov/info-details/alcohol-and-drug-suspensions-for-under-21-years-of-age

[3] https://www.harvatinlaw.com/driver-s-license-reinstatement-procedures.html

[4] https://www.greghillassociates.com/lomita-underage-dui-0-17-bac-critical-need-declared.html

[5] https://www.michigancriminaldefenselawyerblog.com/michigan-the-difference-between-a-suspended-and-revoked-license-charge/

[6] https://www.scstatehouse.gov/code/t56c001.php

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