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Old 03-31-2006, 09:32 PM
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Join Date: Mar 2006
Posts: 1

Underage DUI


What is the name of your state? CA
Hi, my brother has been charged by DUI last week, he drank one beer only and his test was 0.02% but becasue he is underage, they took away his license. After 30 days, his license will be suspended for (don't know how long). So i have some questions, he is still a greencard holder, so after DUI, is it going to affect on him for taking the citizenship exam? is he going to have criminal record? or affect him from going into College in the future? They said he will receive a letter with the court date on it, so what does he have to do on the court? admit guilty? since they have all the evidence...so i guess the only way is to admit guilty. What action will they take after that? if we hire a lawyer will it help?
Thanks!
  #2  
Old 03-31-2006, 10:19 PM
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Join Date: Jul 2004
Posts: 4,431
I'm only going to address the license suspension. So your brother knows what he needs to do regarding that.

Quote:
This law set the legal blood/breath alcohol concentration (BAC) limit at .01 for drivers under the age of 21 (termed underage drivers). The law allows police to confiscate the licenses of drivers under age 21, if they fail a BAC test or refuse to take such a test. The drivers are then issued a 30 day driving permit by the officer and the license is forwarded to the state Division of Motor Vehicles (DMV). Offenders can request an administrative hearing to appeal the suspension. If the driver does not appeal or if the appeal is unsuccessful, a one year suspension is imposed when the temporary permit expires. Under this law, police officers are not required to arrest offenders, as a violation of the zero tolerance law is not considered a criminal offense requiring a court trial.
From: [url]http://www.ncadd.com/101.cfm[/url]

I can't answer how this affects his immigration status....

I'll send a link to an attorney on the board that possibly can address those issues.
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