Minors with DUI

.08 and/or .01 zero tolerance, or Minors in Possession of Alcohol

If you’ve been convicted of minor in possession of alcohol or if you have been found guilty by the court of driving with a .08 blood alcohol content (BAC) or a .01 BAC as a minor or a .05 BAC, or if the Department of Motor Vehicles has taken action against you for driving with any measurable amount of alcohol as a minor or pleading guilty to minor in possession of alcohol or minor in possession of fake ID or other falsification of ID cases against minors, you have a possibility of getting a restricted license to drive to and from school, to and from work, in the course of employment or to and from medical facilities and emergencies.

To qualify for such a license, you must petition the court in some cases and the Department of Motor Vehicles in Sacramento in other cases, or both.

The procedure is detailed and complicated. Such a license will be granted only in “hardship cases” usually involving situations where minors are living emancipated from their parents or help support the family and are required to drive in the course of employment, to and from school, to and from work, or medical reasons for themselves or for the family.

The procedure requires an in-depth, reason-specific request for the license.

A few of the items required are as follows:

  1. An affidavit under penalty of perjury on a DMV and/ or court form setting forth the requirement for the license and the reason for your request.
  2. A detailed map showing the roads, town, etc. where you must drive. A copy of such map with a detailed legend showing the distances, the places, etc.
  3. You must specify the lack of public transportation or lack of other transportation from family members as a basis for the license.
  4. You must have a driving record that shows that you are not a negligent operator in addition to the current problem.
  5. You must have proof of insurance.
  6. You must pay a reinstatement fee to the Department of Motor Vehicles which is $125.00 or less, depending on the circumstances.
  7. If you are seeking a hardship license from the court, they may add other conditions to the probation you are already on or ask that you go to AA and file proof that you are attending or add such other condition as they so desire.
  8. Further, we will need letters from your employer if you are working stating where you work, what your duties are, what days you work and the specific hours.
  9. If you’re alleging you need your vehicle to go to and from work or in the course of employment, a letter from an employer or future employer must so state.
  10. If your request involves anything about college, high school, or any other kind of educational facility, you must have proof of enrollment, a letter, and preferably a copy of your last semester’s grades or at least a flyer or some other information identifying the educational institution and verification and proof of enrollment.
  11. Such a hardship license requires at least 30 days to get, sometimes longer.
  12. Sometimes the court or DMV or a combination of the two will ask for more information.
  13. You must reply quickly to any request I give and you must submit all of your documents typed, not handwritten, and signed.
  14. Any letters or other pieces of supporting material must be on a letterhead and not plain paper and must be signed by the person writing the letter or providing other supporting information.
  15. Letters from friends or relatives other than your parents proving that you are helping to support the family or need the license for the reasons stated above are not helpful and will not be considered by the DMV or the court.
  16. This office charges a flat fee to handle this type of matter through the Department of Motor Vehicles in Sacramento by mail and telephone and does not include any hearings in Sacramento or at DMV as the matters are all handled by written correspondence, fax and sometimes telephonically.
  17. If you desire to hire us for court, that will require at least 2 to 5 court appearances. You need not personally appear but can appear through your attorney without being present.
  18. If you wish us to take action in regard to the above-entitled matters, we will not do so until fully retained separately from the case.
  19. If you have any further questions, please contact our office.