Brother under 21 received dui

[coolmarden]

What is the name of your state? California

My brother is 2 months away from his 21st birthday. He was pulled over and given a DUI. My brother passed the motor skills test but failed the breathalizer. We have not received a score of what he blew but he says he did not drink enough to be over the limit. Can he fight this if he passed the motor skills test and blew under the legal drunk driving limit even though he is under 21? Thanks, Marden

 

[rmet4nzkx]

What is the name of your state? California

My brother is 2 months away from his 21st birthday. He was pulled over and given a DUI. My brother passed the motor skills test but failed the breathalizer. We have not received a score of what he blew but he says he did not drink enough to be over the limit. Can he fight this if he passed the motor skills test and blew under the legal drunk driving limit even though he is under 21? Thanks, Marden

ANY alcohol is over the limit if he is under 21, even the day before his birthday! He screwed up big time, he will also lose his drivers license, I hope he has a good job and a way to get to work and what ever else the court orders.

 

[CdwJava]

What is the name of your state? California

My brother is 2 months away from his 21st birthday. He was pulled over and given a DUI. My brother passed the motor skills test but failed the breathalizer. We have not received a score of what he blew but he says he did not drink enough to be over the limit. Can he fight this if he passed the motor skills test and blew under the legal drunk driving limit even though he is under 21? Thanks, Marden

.01 is too high for a person under 21 operating a motor vehicle. If he was .05 or higher, then he can be charged criminally even if NOT DUI ... and at UNDER .05 he can have his license suspended even if not DUI.

And he THINKS he "passed" the field sobriety tests ... but I have to tell you, even some sloppy drunks THINK they "passed" them. And if he was arrested and had to blow in the breath machine then he apprently did NOT "pass" the FSTs. If he was not taken to the police department or to jail, then he MAY be facing only the admin penalties associated with being under .05 BAC.

If he was arrested, then he would have almost certainly been told what he blew at the time.

- Carl

 

[moburkes]

From the other post

DUI reduced to MIP - Insurace effects?

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What is the name of your state? California

My brother was given a DUI ticket two months before his 21st birthday. However, due to his good record and the circumstances of the DUI it was reduced to an MIP by the court. He is now trying to get his restricted license to drive to work and back. While trying to get insurance it appears that the DMV still has him listed as a DUI and not an MIP as it should be and this is greatly increasing his cost for insurance. Is this correct? Shouldn't the court contact the DMV with the change in status? What should my brother do? Thanks for any help. If this is the wrong forum to post this topic please direct me to the correct one. Thanks again.

Insurance companies will probably classify his MIP as a DUI because they are charged the same way (to the insurance company). YOu could pursue it with the DMV, but I'm not sure that it will make the rates change with the insurance company.