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UNDER 21

If you are under 21 years old and are arrested for a Sacramento DUI, it is imperative that you contact a Sacramento DUI Defense Attorney.  Under California Law, there is a zero tolerance law where the DMV is concerned.  This means that the DMV can suspend your license for up to one year if you are cited for driving with a BAC of .01% or higher.  If you are arrested for a Sacramento DUI and are under the age of 21 you need to contact a Sacramento DUI Lawyer immediately.  You have only 10 days to save your license from an automatic year long suspension.  The DMV will allow you to request an administrative per se hearing to object to the automatic suspension.  This hearing will be presided over by a hearing officer employed by the DMV.

The DMV hearing is considered the civil side of theSacramento DUI arrest.  It is completely independent of the court proceeding.  A set-aside through the DMV does not equate to a dismissal of charges through the court system and a dismissal of charges through the courts does not guarantee a set-aside of the automatic suspension through the Department of Motor Vehicles.

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If you are under 21 and suspected of being under the influence, you must submit to a Preliminary Alcohol Screening.  This is a breath test given by the arresting agency at the scene of the stop.  For those over the age of 21 this is not a mandatory test, as California law mandates that licensed driver’s must only submit to a chemical test after being placed under arrest.  There is a presumption that a person under the age of 21 has not had any alcohol, so the laws are much more stringent.

Contacting a qualified Sacramento DUI Defense Attorney is vital to getting the best possible outcome in your case.  Quickly it can seem like you have no rights if you are under the age of 21 and arrested for a Sacramento DUI, but the truth is that you do have rights and an attorney can assist you in protecting and defending those rights.

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