Fresno DUI | Under 21 0.01% Blood Alcohol Concentration (BAC) Zero Tolerance

Fresno DUI Attorney | Fresno DUI Lawyer

Driving with a blood alcohol concentration of 0.01% by weight while under the age of 21

I got caught drinking and driving before I was 21? Got caught DUI while under 21?  Will I go to jail for driving with alcohol in my system while under 21? How long will I lose my license for driving with alcohol in me while under 21?  Fresno Criminal Defense Attorney to help me fight my license suspension for driving with 0.01% BAC while under 21?  Under age drinking?  Have questions?  Call Fresno Defense Attorney Jonathan Rooker

Practicing Criminal Defense in Fresno, Hanford, Tulare, Kings County, Fresno County, Madera County areas, there are a common set of questions that arise when a person under the age of 21 is cited for driving with a measurable amount of alcohol in their system or refuses to submit to chemical testing to measure alcohol.  The DMV has provided a packet for general questions, which has been reproduced in part below to assist you with finding the answers to the questions you may have if you were cited for DUI or driving with a measurable amount of alcohol in your system while driving and you are under the age of 21 at the time of the alleged offense.

Driving Under the Influence

Immediate Drivers License Suspension Drivers Under Age 21

0.01% Blood Alcohol Concentration (BAC) Zero Tolerance

Administrative Per Se Immediate Driver License Suspension or Revocation

The administrative license suspension program, known as "Admin Per Se" (APS) was signed into law in 1990 as a stronger deterrent to drunk driving. It is against the law for a persons under the age of 21 to consume alcohol. In 1994 the APS "Zero Tolerance" law was enacted to further address underage drinking and driving.

The following information includes general facts for drivers under the age of 21 who become subject to an APS driver license (DL) suspension or revocation.  All APS cases are unique, and DMV can also assist.

How Does the APS Zero Tolerance law Affect Drivers Under Age 21?

California Vehicle Code (CVC) Section 23136, PAS Persons Under 21: Preliminary Screening Device, established stricter Zero Tolerance requirements and penalties for drivers under 21 years of age.  The Department of Motor Vehicles (DMV) is required to suspend or revoke the driving privilege of any person under age 21, arrested or detained for driving under the influence (DUI) of alcohol, or a combination of alcohol and drugs, who:

*  takes a Preliminary Alcohol Screening (PAS) test, or a chemical test (blood or breath tests)* with a BAC level of 0.01% or more, or

*  Refuses to take or fails to complete a PAS or other chemical Test *

NOTE: A urine test is not available unless:

*  the officer suspects you were driving under the influence of drugs or a combination of drugs and alcohol, or

*  both the blood and breath tests are unavailable, or

*  you are a hemophiliac, or

* you are taking an anticoagulant medication

What Happens to My License?

The officer will give your an Order of Suspension/Revocation.  If you have a valid California driver license, the officer will take your license and send it to the DMV.  The Order of Suspension/Revocation includes a temporary license valid for 30 days from the issue date (Usually the date you were detained).  At the end of the 30 days, the suspension/revocation action goes into effect.  If the officer does not serve you with an Order of Suspension/Revocation, DMV will mail one to you.

The Temporary License does not allow you to drive if there is another DMV- or court-imposed driver license action in effect.

The APS Zero Tolerance suspension or revocation is independent of any jail, fine, or other criminal penalty imposed in court if you were convicted of the DUI offense.

What Does DMV Do?

DMV automatically conducts an administrative review, which includes an examination of the officer's sworn report and any  accompanying documents, such as an arrest or traffic collision report.

If the review shows there is no basis for the APS Zero Tolerance suspension/revocation, the suspension/revocation will be set aside.  DMV will notify you in writing only if it is set aside.

What Can I do About the APS Zero Tolerance Suspension/Revocation?

You have 10 days from receipt of the Order of Suspension/Revocation to request a hearing to show that the APS suspension/revocation is not justified.  DMV will conduct a telephone hearing unless you request an in-person hearing.  The APS Zero Tolerance suspension/revocation will not be stayed (delayed) unless:

*  You request a hearing within 10 days from the issue date of the order, and

* DMV cannot provide a hearing before the effective date of the suspension/revocation.

Before the hearing, and upon request, you may see and /or obtain copies of DMV's evidence.  If you want copies released to someone else, such as an attorney, you must give the person signed permission.  You have the right to have assign or language interpreter present at your hearing.  Immediately notify DMV if you require an interpreter.

You may represent yourself or, at your own expense, an attorney or another person may represent you at the hearing.  You may present oral testimony and or their evidence.  Your testimony will be taken under oath or affirmation and the hearing will be recorded.

DMV ordinarily does not arrange to have the peace officer testify. However, DMV reserves the right to  call the officer if his/her testimony is needed.  You may subpoena the officer or any other witness(es) you feel may help your case and have relevant  testimony or evidence to present.  You are responsible for paying the required fees and for making sure your witnesses(es) receives a subpoena.

After the hearing decision, if the action is upheld, you may submit a written request for a Department Review within 15 days of the effective date of the decision.  The fee for a Department Review is $120.

You may also request a court review within 30 days of the effective date of the hearing decision.

NOTE:  If you are under 21 and refused the PAS or other chemical test, there is no fee for a Departmental Review of your hearing.

To Reinstate your driving privilege after an APS Zero Tolerance suspension/revocation, you must:

* Pay a $100 reissue fee to DMV (Section 13392 CVC)

*  File proof of financial responsibility (e.g., a California Insurance Proof Certificate [SR22}, $35,000 cash deposit, surety bond, or Self-Insurer certificate pursuant to Section 16430 CVC).

*  Maintain proof of financial responsibility for three years.

HEARING ISSUES:

Your need for a drivers license is not an issue at the APS Zero Tolerance hearing.  Only the following issues will be discussed:

A. If you took a PAS or other chemical test:

1.  Did the peace officer have reasonable cause to believe your were driving a motor vehicle in violation of CVC Section 23136?

2.  Were you lawfully arrested or detained?

3. Were you driving a motor vehicle while under age 21, with a BAC level of 0.01% or greater, measured by a PAS device, or other chemical test?

B. If you refused or failed to complete a PAS test or other chemical test:

1.  Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of CVC Section 23136?

2.  Were you lawfully arrested or detained?

3. Were you told that your driving privilege would be suspended for one year or revoked for two or three years if you refused to submit to or failed to complete the PAS test while under age 21?

4.  Did you refuse to submit to or fail to complete a PAS or other chemical test after being requested to do so by a peace officer?

How Long Will My License Be Suspended or Revoked?

A. If you took a PAS or chemical test, and the results showed a 0.01 BAC level or more, your driving privilege will be suspended for one year.

B. If you refused or failed to complete a PAS or other chemical test, your driving privilege will be:

*  Suspended for one year for a first offense

*  Revoked for two years for a second offense in ten years

Revoked for three years for three or more offenses in ten years.

APS DUI Probation Suspension/Revocation:

Court-ordered DUI probation prohibits a person previously convicted of DUI from operating a motor vehicle with any measurable amount of alcohol in the driver's blood (0.01% BAC).

A.  If you took a PAS or chemical test, and the results showed a BAC level of 0.01% or more, and your were on a court-ordered probation for a prior DUI conviction of Vehicle Code Section 23152 or 23153.

*  In addition to the APS Zero Tolerance suspension, the DMV will impose a concurrent one-year suspension based on violation of your DUI probation.  You are not eligible for a restricted license during the one-year period.

B.  If you refused or failed to complete a PAS or other chemical test and your were on a court-ordered probation for a prior DUI conviction based on a violation of Vehicle Code Section 23152 and/or 23153.

*  In addition to the APS Zero Tolerance suspension, DMV will impose a two-year revocation based on violation of your DUI probation.  You are not eligible for a restricted license during the two-year period.

*  In addition to the APS Zero Tolerance suspension, DMV will impose a concurrent three-year revocation based on violation of your DUI probation if you have two or more refusals while on DUI while on DUI probation.  You are not eligible for a restricted license during the three-year period.

Although you may have one or more Administrative Per Se suspension/revocation actions occurring at the same time, you are not entitled to a restricted license during the suspension/revocation period for a second and/or subsequent action.  You may request a critical need restricted license only for your fist APS offense if there are no other actions in effect against your driving privilege.

CAN I GET  CRITICAL NEED RESTRICTION?

After a 30-day suspension period, you may apply for a critical need license ONLY if you:

* Completed a PAS or chemical test with a BAC level of 0.01% or more, and

*  Have a critical need to drive.

A critical need restriction is VERY LIMITED (VC Section 12513, 13353.8).  To be eligible for the restriction you must verify that:

*  A specific critical need condition exits, and

*  All other transportation is inadequate.

Only first offenders who completed a PAS or other chemical test are eligible to apply for a critical need restricted drivers license (Section 13353.8 of the California Vehicle Code .01% BAC actions)

Who Do I contact to Apply for a Critical Needs restricted drivers license (DS 694)?

You would contact one of the DMV Driver Safety Offices, a list of which is available online at www.dmv.ca.gov.

Fresno: DMV Driver Safety Office (559) 445-6399

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Fresno DUI Attorney | Madera DUI Attorney If you've been cited, you need to know what to do next. Help your attorney help you, contact me as soon as possible

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Fresno DUI Lawyer Jonathan Rooker: Fresno area law enforcement agencies have some of the strictest DUI enforcement policies in the Nation. The first decision an officer makes during the DUI enforcement is the decision to stop the vehicle. It may be a driving pattern, maintenance infraction, tinted windows, or other issues the lead the officer to make that decision. The next decision is whether to have the driver exit the vehicle and conduct a DUI investigation. Factors include odor or alcohol, red watery eyes, and slurred speech. Timely stopping, parking, and fumbling with a license or insurance paperwork, all influence the officers decision to continue the investigation. Once outside the vehicle the subject may sway or have trouble following directions. At the conclusion of the third stage, the officer decides if there is probable cause for an arrest. If you are arrested, there are steps you should take on your own behalf. It is important for anyone cited for DUI to contact the DMV within 10 days to preserve their right to an Admin Per Se Hearing in front of a DMV officer. Failure to contact the DMV within 10 days may result in the suspension of your driving privilege. Remember, the officer arrests at probable cause, but it takes proof beyond a reasonable doubt to convict. If the officer does their job right, a large percentage of the people should be found not guilty.

Fresno Criminal Defense Attorney: Sometimes good people need help during tough times

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Fresno & Madera Criminal Defense Lawyer Jonathan Rooker: Domestic Violence (DV) charges, punishments, and your rights is something you need to understand if you've been accused. DV charges can result in a sentence of probation, jail, and/or prison. DV can be charged under various sections including PC 243(E) or the more serious PC 273.5 Felony (DV) accusation. Many convictions result in being sentenced to a 52-week program, referred to as the Batterers Treatment Program (BTP). The right to own, possess, or use a Firearms, a serious issue for many people who grew up in the rural valley hunting, fishing, and target shooting can be lost forever. While Judges routinely advise those convicted of misdemeanor Domestic Violence that they will be prohibited from owning firearms for 10-years, the Federal Government will preclude gun ownership for the remainder of the persons life if they are convicted of a misdemeanor crime of domestic violence. It is important that the court knows you are a law abiding, upstanding, and productive member of society. Don't let an accusation turn into a lifetime of being stigmatized as a criminal.

"Criminal defense is about helping good people, that is what I do." Jonathan Rooker

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Experienced Fresno and Madera County Criminal Defense Attorney Jonathan Rooker understands the needs of each client are quite unique to each individual client. Some clients are looking to keep their drivers license, others are looking to avoid long periods of incarceration. Many times pride and principles are cited for the client's motivation to achieve a particular resolution to their case. Many clients just want to put their life, family, and career back together. It is the responsibility of the defense attorney to coordinate and effective defense for the benefit of the client. It is essential that I provide the best defense for the individual person and their specifically tailored needs in life. I will help you by building the best defense that the facts allow. One important aspect of hiring a private attorney is the time they spend listening to your needs, and working to obtain an effective resolution under the circumstances. When these problems arise, it's time to reach out for a helping hand. I handle criminal defense cases on a daily basis, helping people with their issues. Let me help you.