Prayer for Judgment for Underage DUI

[slk1234]

What is the name of your state (only U.S. law)? North Carolina

My 18-year old daughter was charged last night with "Underage Driving after Consuming Alcohol (NCGS 20-138.3)." The police officer did not do a field sobriety test but she allowed him to give her a breathalyzer and it came up as .03. She was extremely polite to the officer and was not belligerent or rude. He wrote her a ticket and allowed her to call a friend to drive her back to college.

First, I need to know if her driver's license is suspended immediately or is she allowed to drive until she goes to court?

Secondly, she has never even gotten a speeding ticket. Would she be eligible for a Prayer for Judgment? How does that work and would it prevent our insurance rates from going up? Would it allow her to continue driving? Can she request the Prayer for Judgment when she goes to court or must she have an attorney to do so?

Is there any other way to get the charge dismissed or dropped?

Thanks for your help.

 

[FlyingRon]

A PJC is not allowed for 20-138.3. This is a serious charge. She should have a lawyer. Her license will be suspended for a year, though if this is her first offense, she can get limited driving privs (she's 18 and under .08).

If she was made to surrender her license at the arrest, she can't drive. She can apply for limited driving privs while awaiting trial after 10 days. After 30 days if the trial hasn't happened yet she can go get her license back.