DUI Laws In California
Driving under the influence (DUI) of drugs or alcohol in Sacramento is prosecuted through the criminal justice system, not handled by the DMV the way that a minor traffic infraction is. If you have been arrested and charged with a DUI you need to contact a DUI Lawyer in Sacramento at Allaye Chan Law Group to assist you with your DUI charge. A DUI can be charged if your “blood alcohol content” is 0.08% BAC or higher. To determine BAC, a police officer may test a driver’s breath, urine, or blood. You can face additional penalties if you refuse the tests. The “BAC” is a measurement of how much ethanol as opposed to blood is found within the bloodstream by volume. Drivers under 21 have a legal limit of 0.01% BAC, while commercial driver’s license holders have a limit of 0.04% BAC.
If you don’t meet the legal limit to be charged with a DUI, you can still be charged with reckless driving when appropriate. Moreover, the District Attorney can charge a blood alcohol allegation if your blood alcohol level is .15 percent or greater. An allegation like this can carry increased penalties at sentencing such as a longer DUI program and longer jail time.
Being Convicted of a DUI in Sacramento is Serious and Extremely Costly
If you are arrested with a DUI, you should hire an experienced DUI lawyer in Sacramento at the Allaye Chan Law Group to help you fight the charges, which can result in harsh consequences. Even if you are facing a first-time DUI charge, the criminal penalties in Sacramento can be onerous. It is believed that the harshness of these penalties leads to lower arrest rates for misdemeanor DUIs.
In criminal court, a convicted driver with no prior DUI convictions may still have his or her driving privileges suspended for a 30-day to 10-month period. First offenders convicted of misdemeanor DUIs can be fined from $390-$1,000 and sent to jail from 4 days-6 months. Over ¾ must enter a first-offender DUI program.
Second and third offenders convicted of misdemeanor DUIs face the potential for very harsh penalties. A second offender’s driver’s license can be revoked for one to two years and he can be sentenced to 90 days to one year in jail. Fines are assessed from $390-$1000. Third-time offenders may be sentenced to 120 days to one year jail time and fined $390-$1,000. They may also have to enter an alcohol treatment facility for 18 or 30-month program. Additionally, their licenses can be revoked for three years. On January 1, 2012, a new law went into effect. This allows a court to order a license revocation for ten years for any individual with three or more DUI convictions in the past ten years.
Sacramento County, where Sacramento is located, is one of four counties in the state participating in an Ignition Interlock Device (IID) pilot program. The device will not allow a driver to start his vehicle without first passing an alcohol breath test. The pilot program requires every individual convicted of a DUI in Sacramento County (or one of the other three counties participating) on or after July 1, 2010 to install an IID on every vehicle they own or drive. The length of time the individual must install the IID varies depending on how many prior offenses he or she has and the particulars of the DUI.
Convicted individuals required to install an IID must provide the DMV with a form verifying the installation, pay a $45 administrative service fee (ASF), and meet other reinstatement requirements before the DMV can reinstate, reissue, or restrict their driver license. This pilot program may be implemented in other California counties, if it is found to be successful at reducing drunk driving.
If a person is injured because he or she drove under the influence or in the case of felony DUIs, the penalties are harsher. For example, someone convicted of a felony DUI with an injury may face 16 mo.-10 years in prison, and an additional sentence based on how many were injured and how badly, between $1015-5000 in fines, mandatory treatment in an alcohol or drug program, habitual traffic offender status for three years, and have to pay restitution to the persons injured.
On top of these criminal penalties, people who are convicted of a DUI must also deal with court fees and DMV fees and a record that lasts ten years. If an individual is arrested for a DUI, and he or she was convicted of one or more DUIs within a decade, he or she is a second or third-time offender.
If You Need Help Challenging a DUI Charge in Sacramento, Contact the DUI Attorneys
DUI Lawyer in Sacramento at Allaye Chan Law Group can assist you not only with your DUI charge, but also in pursuing your administrative process with the DMV, particularly if you are a commercial driver, or your need to retain a driver’s license is otherwise particularly critical. We know California DUI law and procedure, and we know how to frame your case to give you the best opportunity for overcoming or minimizing the consequences of a DUI charge or license suspension or revocation. Contact a DUI Lawyer in Sacramento at Allaye Chan Law Group today for a free consultation!