DUI cases for people under 21 years of age and with a low blood alcohol (B.A.) require more information to realistically evaluate the case. Generally, lesser charges are for cases where there are facts which justify a reduction because there are legal or factual issues and or significant mitigating factors. For instance, the blood alcohol level at .09 is relatively low, but it depends on when the test was taken, statements to the officer, witnesses or admissions to the driving, prior record, field sobriety tests, attitude with the officer, and dangerousness of the driving. The fact someone was under 21 is an aggravating factor as well as an accident.
Being under 21 and .01 B.A. or more, will likely result in a one year DMV suspension, a defendant has a right to a DMV suspension hearing if he or his attorney call DMV within 10 days to set it up. He may qualify for an under 21 critical need license even if there is a suspension. DUI and “wet reckless” both count as priors in the future making any subsequent offense within 10 years a second offense with significantly greater penalties. Jurisdictions vary in some degree in negotiations and sentencing. It is difficult to discuss comparison of charges and details of penalties withoput learning more about the individual case. No attorney can really advise someone without a complete understanding of everything involved in the case.
Attorneys Nicholas Christoph and William Christoph at Christoph Law Offices are experienced DUI Defense lawyers who have handled more than 3000 DUI cases over 30+ years and are familiar with your local San Diego Courts, Judges and D.A.’s Call for a free consultation and evaluation, call 760-670-3885.