QUESTION
Can my driver's license be revoked for drinking in public?
Asked on Apr 12th, 2012 on Criminal Law - California
More details to this question:
I live in California, and I was recently issued a citation for drinking in public. I was sitting in a parked car, and was not drunk. Can this result in losing my driver's license? The code lists this as being just an infraction, yet the officer checked misdemeanor on my ticket.
5 ANSWERS
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Yes, they could be amended to DUI, which will cost you your license. The prosecutors can amend at any time they believe they can prove additional or different charges. The charges determine how much time and fines and other penalties could potentially be imposed if convicted. You'll learn the actual charge[s] and enhancements filed and get copies of all the police reports, evidence and test results when appearing for arraignment at the first court hearing.
Answered on Apr 16th, 2012 at 2:08 PM
647(f) is a misdemeanor. If you are a minor, you can lose your license for 1 year.
Answered on Apr 16th, 2012 at 12:06 PM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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If you are on probation from something like a DUI they can pull it but if this is just a first offense the DMV will not be involved.
Answered on Apr 16th, 2012 at 11:29 AM
Many alcohol related offenses can result in loss of your driver's license even if you're not near a car. If this offense is on the list of eligible offenses for suspension, you must contact your DMV office immediately for a hearing. You have 10-days from the date of citation to request a DMV hearing.
Answered on Apr 13th, 2012 at 3:41 PM
Criminal Law Attorney serving Oakland, CA
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Law Office of Jared C. Winter
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Whether or not your license will be affected depends on your age. If you are under 21, then your license can be suspended for a public intoxication charge. Regarding your infraction vs. misdemeanor issue, it depends on what is specifically charged. PC 647(f) is a misdemeanor. However, other charges (like open container for example) are often infractions.
Answered on Apr 13th, 2012 at 3:34 PM