Arrested for DUI? – How to Get Your License Back If You’re a Minor or an Adult Under 21
For many young people, getting a driver’s license isn’t just a rite of passage — it’s a ticket to freedom, a ticket that will empower them to travel as far as their resources (or, perhaps, their parents’ resources) will allow. But that newfound independence can be dashed in an instant if a young driver is arrested for driving under the influence.
Whether you’re a minor or a young adult under the age of 21, getting arrested for DUI will strip you of your license and suspend your privilege to drive for one full year.[i]
California’s laws are designed to enforce a zero-tolerance policy when it comes to drinking and underage drivers.[ii] This means that if you’re a young driver and have any alcohol in your system, you are prohibited from driving. The mere presence of alcohol in your system is the violation. This applies regardless of whether you feel impaired or whether your ability to drive has actually been impaired.
In technical terms, if you have a blood alcohol content (also known as your “BAC”) of 0.01 or more and are pulled over, you will be found in violation. The higher your blood alcohol content, the higher the penalties will be if you are convicted of DUI. Still, whether your blood alcohol content is 0.01, 0.08, or higher, the one thing that will remain the same if you’re a young driver is that your license will be suspended for one year should you have the misfortune to get arrested for DUI.[iii]
I Can’t Go Without Driving for a Year – Is There Anything I Can Do?
Yes. You can apply for what’s known as a critical needs license. This special license will allow you to drive, despite your suspension, if you can demonstrate that you have a critical need to drive to school, to serve as a caretaker for a family member, or to work because your income is essential to your family’s household.[iv]
A critical needs license will allow you to drive if you can demonstrate that you have a critical need to drive for school, to serve as a caretaker for a family member, or because your income is essential to your family’s household.
You may have heard of something called a restricted license that will enable you to drive to work and school without having to demonstrate a critical need. Unfortunately, a restricted license is only available to drivers who were 21 years of age or older at the time of their DUI arrest.[v]
You should be aware that a prior DUI arrest or conviction within the last 10 years will render any underage driver ineligible to apply for a restricted license.[vi] Any out-of-state, DUI-related arrests or convictions within the last 10 years are also disqualifying.[vii]
If you are eligible, then you will have to submit an application to the DMV and explain what critical need exists that requires you to drive. As mentioned earlier, the three categories of critical needs, according to the DMV, are school, caretaking, and work. However, the DMV won’t simply take you at your word that you have a critical need to drive. Instead, the DMV will require you to provide documentation that verifies your claim.
For instance, to acquire a critical needs license to drive to school, you will have to submit a letter from your principal verifying that a school bus or other public transportation is inadequate to transport you to school or to any of your extracurricular activities, such as sports games or debate competitions.[viii]
To get a critical needs license for caretaking, you’ll need a letter from a doctor that diagnoses your family member’s illness and provides an expected recovery date. You’ll also have to show why public transportation is inadequate to transport your ill family member to his or her medical appointments and why you, specifically, must be the one to take them to their appointments.[ix]
And if you’d like a critical needs license to drive to work, you must prove that your income is essential to support your family and that public transportation is inadequate to get you to your job. Your parents must also submit a statement verifying the family’s need for your income.[x]
The burden will be on you to articulate what critical need compels you to drive, demonstrate why public transportation is inadequate to satisfy that need, and provide documentation to verify your claim.
You’ll Also Need to Do the Following:
Before the DMV will grant your critical needs license, you must pay a $100 license reinstatement fee and submit proof that your vehicle is insured despite your DUI arrest.[xi] Also, if you were between the ages of 18 and 20 at the time of your arrest and had a blood alcohol content of 0.05 or more, you will have to enroll in a 6-week, first-offender DUI class before the DMV will issue you your critical needs license.[xii]
What Happens If the DMV Grants Me a Critical Needs License?
It won’t take effect immediately. Unfortunately, there is a mandatory 30-day suspension period.[xiii]
So, here’s how it would work. Once arrested for DUI, your license will be confiscated and you will be given a temporary license that will allow you to drive as you normally do for 30 days.[xiv]
Even if a critical needs license is granted, there is still a mandatory, 30-day suspension period.
During this 30-day grace period, you can apply for a critical needs license. Even if the critical needs license is granted, you must still wait another 30 days before you can actually begin driving.[xv]
If you drive during this 30-day suspension period, you risk getting arrested for a misdemeanor. This is because driving during the 30-day suspension period is a crime, punishable by a fine and up to six months in jail.[xvi]
Once the 30-day suspension period is over, the critical needs license takes effect and you will be able to drive for the limited purpose of school, fulfilling your caretaking duties, or work. Your critical needs license will remain in effect for one year.[xvii]
Conclusion
Whether you’re still in high school, just starting your college journey, or you’re already out on your own, losing the ability to drive for a full year can be a blow to your sense of freedom. But, if you’re a teenage driver or a young adult under the age of 21, there is a way to salvage at least one aspect of your driving privilege.
A critical needs license is available if you have a critical – that is, necessary or urgent – need to drive. If you can demonstrate that you have such a need, then you will be allowed to drive to work, to school, or to carry out your responsibilities as a family caretaker. Remember: even with this special license, you still won’t be able to drive for any reason other than the critical need. This is, after all, a license that was designed for necessity, not convenience.
Remember: you are not entitled to a critical needs license just because you’ve asked for one. The DMV is free to deny your application – and leave your driving privilege suspended for one year – if you fail to make the case that you have a critical need to drive. If you’d like help putting together the most compelling case for your need to drive, you can contact an attorney for help.
Michael J. Ocampo, is a skilled attorney and former deputy district attorney. If you’re under 21, been arrested for DUI, and would like help safeguarding your driver’s license, contact Michael at (714) 451-6834 to schedule your free, no-obligation consultation.
[i] Vehicle Code §§13353.2(a)(2), 13353.3(b)(3), 23136(c)(3), 13353.1(a)(1).
[ii] Vehicle Code §§23136(a), 13388. See also Vehicle Code §23140.
[iii] Vehicle Code §§13353.2(a)(2), 13353.3(b)(3), 23136(c)(3), 13353.1(a)(1).
[iv] Vehicle Code §§13353.8(a), (c), 12513; 13 California Code of Regulations §118.
[v] Vehicle Code §13353.7(a).
[vi] Vehicle Code §13353.3(a).
[vii] Vehicle Code §13353.3(b).
[viii] Vehicle Code §12513(a).
[ix] Vehicle Code §12513(a).
[x] Vehicle Code §12513(a), (b).
[xi] See DMV Critical Needs License Application.
[xii] Vehicle Code §§13352.6(a). Unlike the typical 3-month first-offender DUI class, this class, known as the AB 803 program, is reserved for underage first-time DUI offenders. Students meet once a week for 6 weeks. Each meeting is two hours long.
[xiii] Vehicle Code §13353.8(d).
[xiv] Vehicle Code §13388(b)(2).
[xv] Vehicle Code §13353.8(d).
[xvi] Vehicle Code §§14601.5(a), (d)(1); 13353.2(a).
[xvii] Vehicle Code §§13353.3(b)(2), 23140, 23136.
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.
