Sacramento DUI Lawyer
Charged With a DUI in Sacramento County?
Avoid Jail – Save Your License
No court appearance, we will go to court for you!
OVER 28 YEARS EXPERIENCE
FORMER DISTRICT ATTORNEY
California DUI laws are such that every DUI arrest gives rise to two different cases: a DUI court case, and a DMV Hearing. If you’ve been arrested for a DUI, or any type of drunk driving offense, you must contact the DMV within 10 days of your DUI arrest, or you license will be automatically suspended. Even if you are from another state, and don’t have a California driver’s license, you must contact the DMV driver safety office if you’ve been arrested for DUI, otherwise the DUI suspension imposed by the DMV will be reported to your home state, and your license suspended there.
If you’ve been arrested for DUI/DWI or drunk driving, you can entrust Richard Chan, to provide the expert DUI legal advice needed to solve your problem with the court and with the DMV.
As former prosecutors and deputy district attorneys, we are experienced, trust worthy and aggressive in achieving results. Contact us for a free DUI defense consultation today. DUI defense attorney Richard Chan has handled over 20,000 cases and has over 28 years experience. Contact us today to speak with a Sacramento DUI lawyer, consultation is free.
Call (916) 446-4400 to speak with DUI lawyer now.
Arrested & Charged With a DUI?
Contact DUI Lawyer Today!
Richard Chan is great Criminal Defense Lawyers & DUI Attorneys. From our first meeting, he explained everything to me in terms I could easily understand and was always very responsive when I had questions outside of our meetings. He answers ...
I was charged with a second DUI and hired Mr. Chan to represent me. Shortly after my arrest, I moved away without ever dealing with the case and a warrant was issued for my arrest. Six years...
Richard Chan represented me for my 1st DUI. This was a felony charge my first arrest in my lifetime. Richard Chan used his knowledge of the legal system expertly. My case dragged out ...
I was charged with a 3rd time DUI. The District Attorney’s Office wanted me to plead guilty and serve 180 days in jail. I retained the Law Offices of Richard Allaye Chan, Jr., A Professional Corporation....
DUI / DWI – Driving Under the Influence
A DUI charge is more than just a traffic violation—it’s a serious offense that can have long-lasting effects on your life. In Sacramento County, the penalties for a DUI conviction can include hefty fines, loss of your driver’s license, mandatory alcohol education classes, and even jail time. A DUI conviction can also impact your employment, your reputation, and your future opportunities. That’s why it’s critical to take immediate action to protect your rights and fight the charges against you.
At Allaye Chan Law, we specialize in DUI defense and are committed to defending your case with the utmost care and expertise. We thoroughly investigate every aspect of your arrest, from the legality of the traffic stop to the accuracy of the tests used to determine your blood alcohol level. We understand the complexities of DUI cases and know how to challenge the evidence brought against you. Our goal is to achieve the best possible outcome for your case, whether that means reducing the charges, negotiating a favorable plea, or fighting for an acquittal in court.
We are here to guide you through every step of the legal process, providing clear communication and compassionate support. If you’ve been arrested for a DUI in Sacramento, don’t face it alone. Contact us today for a consultation, and let us help you build a strong defense. At Allaye Chan Law, we are committed to protecting your rights and your future.
California Penal Codes
California Vehicle Code §23152
This section covers the most common DUI offenses:
- 23152(a): It is unlawful for a person to drive a vehicle under the influence of alcohol.
- 23152(b): It is unlawful for a person to drive a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher.
- 23152(f): It is unlawful for a person to drive a vehicle under the influence of any drug.
- 23152(g): It is unlawful for a person to drive a vehicle under the combined influence of alcohol and drugs.
California Vehicle Code §23153
This section deals with DUI offenses that result in injury:
- 23153(a): It is unlawful for a person, while under the influence of alcohol, to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any other person.
- 23153(b): It is unlawful for a person, while having a BAC of 0.08% or higher, to drive a vehicle and concurrently cause bodily injury to any other person.
- 23153(f): It is unlawful for a person, while under the influence of any drug, to drive a vehicle and concurrently cause bodily injury to any other person.
- 23153(g): It is unlawful for a person, while under the combined influence of alcohol and drugs, to drive a vehicle and concurrently cause bodily injury to any other person.
Additional Relevant Sections
- California Vehicle Code §23136: It is unlawful for a person under the age of 21 to drive with a BAC of 0.01% or higher (Zero Tolerance Law).
- California Vehicle Code §23140: It is unlawful for a person under the age of 21 to drive with a BAC of 0.05% or higher.
- California Vehicle Code §23572: This section provides enhanced penalties if a person is convicted of a DUI and had a minor (under 14 years old) in the vehicle at the time of the offense.
Sacramento DUI Defense Lawyer Can Help!
A DUI will harm more than just your criminal record, it will affect your DMV record and DMV will hold an administrative hearing with regards to the revocation or suspension of your license – this is completely separate from any court action taken, and you will need to be sure that your attorney is an expert regarding DMV administrative procedures. Sacramento DUI lawyer Richard Chan has handled hundreds of DUI cases including the DMV administrative hearings, and will fight to help you keep your license. Call us today at (916) 446-4400.
First DUI / DWI Offense
What Happens When You Get Your First DUI in California?
1. Arrest and Booking
If you are pulled over and suspected of driving under the influence, you may be asked to perform field sobriety tests and take a breathalyzer or blood test to measure your blood alcohol concentration (BAC). If your BAC is 0.08% or higher, or if you are found to be under the influence of drugs, you will likely be arrested and taken to the police station for booking.
2. Administrative License Suspension (ALS)
After your arrest, the Department of Motor Vehicles (DMV) will initiate an administrative process to suspend your driver’s license. This is separate from any criminal charges. You have only 10 days from the date of your arrest to request a DMV hearing to challenge the suspension. If you do not request a hearing, your license will be automatically suspended for four months.
3. Release from Custody
After being booked, you may be released from custody on bail, on your own recognizance, or after posting bond. The conditions of your release will depend on the specifics of your case and your criminal history.
4. Court Appearance
You will be given a date for your arraignment, which is your first court appearance. At the arraignment, you will be formally charged, and you will have the opportunity to enter a plea (guilty, not guilty, or no contest). It’s crucial to have an attorney represent you at this stage to help you understand the charges and the potential consequences.
5. Criminal Penalties
If convicted, a first DUI offense in California typically carries the following penalties:
- Fines: You may be fined between $390 and $1,000, plus additional penalty assessments, which can significantly increase the total amount.
- Probation: You may be placed on probation for three to five years, during which you must comply with specific conditions, such as not committing any further crimes.
- DUI School: You will be required to complete a three-month DUI education program, which involves attending classes for a total of 30 hours.
- License Suspension: If convicted, your driver’s license will be suspended for six months. However, you may be eligible for a restricted license after completing certain requirements, such as installing an ignition interlock device (IID) or enrolling in DUI school.
- Jail Time: For a first offense, you may face up to six months in county jail, although many first-time offenders are able to avoid jail time through probation or other alternatives.
6. Increased Insurance Rates
A DUI conviction will likely result in higher car insurance premiums. Your insurance company may view you as a high-risk driver and either increase your rates significantly or cancel your policy altogether.
7. Ignition Interlock Device (IID)
In some cases, especially in counties participating in the pilot program, you may be required to install an IID in your vehicle. This device prevents your car from starting if alcohol is detected on your breath.
8. Criminal Record
A DUI conviction will go on your criminal record, which can have long-term consequences, including difficulties with employment, professional licensing, and more. However, after completing all terms of your sentence, you may be eligible to have the conviction expunged from your record.
Second DUI / DWI Offense
Driving under the influence is not taken lightly in the state of California. The penalties for driving under the influence depend on two factors:
- whether you have prior DUI’s on your record
- and if anyone is injured as a result of your driving under the influence.
Most drunk driving cases are prosecuted as misdemeanors but if you’ve had more than four, you will be charged as a felony. California DUI’s are “priorable” offenses which means that the consequences of a DUI conviction get more serious with each successive drunk driving conviction that takes place within a ten year period. The period is calculated from arrest date to arrest date. Therefore, if you receive a DUI within 10 years of a prior DUI, then you will be charged with a second DUI.
Jail time is mandatory on a second DUI offense and it can range from 96 hours to a year depending on factors such as your blood alcohol content. You will also be required to pay a fine between $390-$1,000 and will have to complete an 18 or 30 month court approved California DUI. Additionally, your license will be suspended for at least 2 years. DUI charges are very serious so make sure to contact an experienced attorney if you’re facing DUI charges.
You need to make sure you protect yourself if you’ve been convicted of a DUI. Anytime you’re looking at mandatory jail time, it’s best to contact an experienced attorney to represent you in court. Just because jail time is mandatory, it doesn’t mean there aren’t alternatives for you.
Because second DUI cases are so specific, a lawyer will best know how to handle it. The three most common ways to avoid jail time are: probation, alternative sentences such as home confinement or electronic monitoring, and beating the case itself. Each of which, your Sacramento DUI lawyer will be able to explain to you.
Felony DUI / DWI Charges
While many DUI crimes are considered misdemeanor offenses, felony DUI charges are also possible depending on a variety of factors. It is also against the law to drive while under the influence of drugs. A “drug” is any substance that can affect your nervous system or affect your ability to drive or any drug that would not normally impair your ability to drive, but when combined with alcohol, has a potentially intoxicating effect. If you are pulled over and the police officer tests for any presence of an illegal drug, you can be charged a DUI even if you don’t feel intoxicated or affected. Likewise, if you’re on legal or prescription drugs, this too can lead to a DUI charge.
There are three ways for a DUI to be charged with a felony:
- Your DUI caused death or injury to another one
- You have three or more prior DUI’s – Driving under the influence is a “priorable” offense, meaning the penalties become harsher every time you are convicted for another same or similar offense. If you have three or more prior DUI convictions within the last ten-years, you will be charged with a felony DUI.
- You have at least one prior felony DUI conviction – If you already have any felony DUI convictions, any additional DUI convictions will be charged as a felony.
Having a felony DUI is a serious issue with even harsher penalties than a misdemeanor DUI. They can result in lengthy terms in a state prison of at least 16 months. Courts can also impose heavy fines, as high as $10,000. Furthermore, probation is a possibility as either a replacement of prison time or fines or in addition to. Those on probation have very restricted liberties and must comply with many conditions the court imposes like drug and alcohol counseling, maintaining employment, submitting to random drug and alcohol tests and not committing any more DUI’s or other criminal offenses. You will also lose any driving privileges. Because driving isn’t considered a legal right, the state can revoke them. If you are charged with a felony DUI, seek a Sacramento DUI lawyer immediately.
We can assist you not only with your criminal 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.
Long-Term Consequences of DUI / DWI
Driving under the influence (“DUI”) is the most heavily targeted crime by law enforcement, and is the most common criminal offense in the United States. Once the dangers of drunk driving were made known, public outcry followed, and legislators acted fast to control the safety problem. Laws were written and tax payer dollars spent, and we are living in a day and age when a drunk driving conviction will have a significant negative impact on your life.
People are beginning to learn that driving drunk is just not worth it, but many don’t learn soon enough. In an attempt to limit the desire to drive under the influence, our DUI attorney in Sacramento has compiled a list of the long term consequences of a DUI conviction. Please don’t let yourself make the mistake of driving drunk, as you will see below, the consequences can be very serious!
- Revocation of Driver’s License – Depending on an individual’s driving record or past convictions, your driver’s license can be suspended as part of a DUI conviction – the length of time can vary greatly, and a DUI attorney in Sacramento may be able to negotiate a special restrictions license for qualified individuals
- Reduced Employment Opportunities – There are many companies across the company that refuse to hire individuals who have a DUI conviction, and many of those companies will fire individuals who are convicted while employed – many government jobs take DUI convictions very seriously
- Increased Auto Insurance Rates – Drivers who are convicted of DUI are usually automatically categorized as high-risk drivers by auto insurance companies and will be required to pay significantly increased insurance premiums – this is an expensive long term cost for DUI convicts
- Flagged Background Check – When employers attempt to hire you, or a landlord runs a background check prior to signing a lease agreement, they will see the DUI conviction and decide not to move forward – even volunteer organizations will turn you away!
- Loss of Personal and Professional Relationships – People don’t appreciate the fact that DUI convicts have put the lives of other’s in danger, and this can negatively impact your relationships
- Revocation of Scholarships – A DUI conviction is a fast way for a student to have current scholarships revoked, and the opportunity to receive future scholarships significantly reduced
- Multiple Convictions – If you have multiple DUI convictions, you can expect all of the above consequences to become significantly more harmful to your way of life – you can also expect to do some jail time
Contact Sacramento DUI Lawyer
Sacramento DUI lawyer at Allaye Chan Law has the experience needed to make sure the best possible outcome is secured. We have been helping people charged with criminal offenses in the Sacramento area for years, and we will assess possible defenses and help you negotiate with the prosecution. Call (916) 446-4400 to speak with Sacramento DUI lawyer Richard Chan for free consultation about your DUI/DWI defense case now.