Criminal Defense Q&A: I’m 20 Years Old and Got Busted for DUI While Driving Without a License — What Will Happen to Me?
Question:
I’m 20 years old. In December I crashed my car, and my alcohol level was .07. I don’t have my license, and the owner of the car was with me during this. Will I have to face jail time? Do I have to pay for AA classes? What can I do? And will I lose my license even if I try to get it?
Answer:
Drivers between the ages of 18 and 20 whose blood alcohol level was between .05 and .07 will suffer a 1-year license suspension, a $100 fine (which can balloon once penalties and assessments are applied), and will be required to complete a 3-month alcohol offender class. See Vehicle Code 23140, 23502.
Even if you did not have a license at the time, your ability to get a license will be delayed for 1 year. Additionally, once the year passes, in order to obtain your license, you will be required to submit to the DMV proof of insurance, proof of completion of your DUI class, and pay a license reinstatement fee. See Vehicle Code 13352.6.
Unless your insurance covers the other vehicle’s damage to the satisfaction of the other driver, you may also be required to pay restitution to cover the difference.
Based on what you’ve described, you can also be charged with driving without a license, which is a misdemeanor.
It would be prudent to consult with a criminal defense attorney about how best to proceed and to explore if any mitigative alternatives are available to you.
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Attorney Michael J. Ocampo is a former deputy district attorney. He focuses his practice exclusively on criminal law so that he can help those accused of a crime — often ordinary, everyday people — ensure that their rights are honored and that they receive a fair opportunity to be heard.
