.042 or .42 underage drinking but no dui

Question: I’m 20 with school about 30 miles from my home and my work 15 miles from my home. The officer did not give me a DUI but he did give me a suspension/revocation slip for driving while intoxicated in Torrance, CA. I’m not sure if my BAC was .042 or .42 but i don’t know if that makes a difference. I was swerving a little but my car has horrible power steering but again i don’t know if that matters. So basically will I be eligible for a critical needs license?
Answer: First things first, fight the case to potentially avoid any suspension. Big difference between .042, and .42 (which could put you in a coma or kill you). Assuming the officer didn’t charge you with a VC23152, and since you are still typing, I am going to make the educated guess it was .042. Assuming it was only a .042, then the officer and prosecutors are likely relying solely on the Preliminary alcohol screening test results (ie. they didn’t have you do a second set of breath tests at a police station, or have you do a blood test, right?) These cases can be fought and won. if that happens, then you can avoid suspension altogether. If not fought or you fight and things don’t go your way, you may be able to get a critical needs license by jumping through some hoops, but they are tough to get. Feel free to call me to discuss further. I can help you with both. You must request a DMV hearing within 10 days of arrest though to avoid an inevitable automatic suspension, so time is of the essence. Feel free to contact me to discuss further.
Phil Hache
DUI & Criminal Defense Lawyer