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Under-21 DMV Hearings

Any driver arrested on suspicion of DUI / DWI in California must request a DMV hearing within 10 days or risk the automatic suspension of the driver’s license. However, individuals under 21 who are arrested for drunk driving face special challenges at the Department of Motor Vehicles. Drivers under age 21 who are arrested for driving under the influence in California should have a top attorney protecting their rights both in court and at the Department of Motor Vehicles. The knowledgeable DUI / DWI defense lawyers at The Kavinoky Law Firm are experienced in every aspect of defending under-21 drivers in court and at the DMV after a California drunk driving arrest.

California law allows the Department of Motor Vehicles to suspend the driver’s license of any motorist found to have a blood alcohol content (BAC) of .08 percent or greater in violation of the state’s “per se” laws. This administrative per se (APS) action is separate from the criminal court charges the driver faces.

The California DMV has much stricter standards for motorists under the age of 21 in regard to driving under the influence. While drivers over 21 can legally operate a motor vehicle with a BAC of up to .07 percent, drivers under 21 will see their licenses suspended if they are found to have a BAC of just .01 percent.

Many drivers, both those under 21 and those legally able to drink, believe they can avoid the consequences of a drunk driving arrest by refusing to take a chemical test to determine BAC. However, most DUI / DWI defense lawyers advise drivers not to refuse a chemical test, because the license suspension for a chemical test refusal is longer than for a drunk driving arrest.

The process of a DMV hearing for drivers under 21 is similar to hearings held for older drivers. Unlike drunk driving trials in criminal court, which feature live witness testimony, DMV hearings are based primarily on documents such as the driver’s arrest report and chemical test results.

The most unusual aspect of D.M.V. APS hearings is the role of the hearing officer – he or she acts as both prosecutor and judge. This means that the individual who presents the evidence against the driver is the same person who rules on it. Although this arrangement is extremely unfair to the driver, the courts have ruled many times on the constitutionality of the Department of Motor Vehicles’ APS hearing process.

Even though the penalties for drivers under 21 are harsh and the odds seem stacked against the accused drunk driver, it’s possible to fight a DMV hearing and win. The experienced DUI / DWI defense lawyers at The Kavinoky Law Firm are well-versed in the issues faced by under-21 accused drunk drivers and will fight hard to protect the driver’s rights both in court and at the DMV.