Sacramento DUI Attorney

DUI / DWI – Driving Under the Influence
California Vehicle Code Section 23152 makes it unlawful for a person who is under the influence of alcohol or drugs to drive a vehicle if the level of alcohol or drugs can impair their driving ability.

Unlike many other provisions of the Vehicle Code, however, a DUI is considered a criminal offense, not a traffic infraction. As a result, those arrested for DUI or suspicion of DUI need to take the matter very seriously, just as if it were any other criminal charge. A DUI conviction will not just appear on your driver’s record, it will show up as a criminal conviction in law enforcement databases and when prospective employer’s conduct a background check.

Nationwide, every state has set the legal limit of alcohol at 0.08% Blood Alcohol Content (BAC—a measure of the percentage of alcohol in the blood by volume), although those drivers who have less than this amount may still be cited for reckless driving. For commercial drivers, the limit is 0.04%.

A DUI Charge is Serious!

The state of California, like most other states, has cracked down in recent years on enforcing its DUI laws. California law enforcement bodies conduct over 2,000 sobriety checkpoints across the state every year, and according to the California DUI Management Information System, there are over 200,000 DUI arrests every year in the state.

You Need to Take Immediate Action if You Have Been Arrested for a DUI in Sacramento!!!

Many people mistakenly assume that there is nothing they can do once charged with DUI, particularly if they have refused or failed an on-the-spot BAC chemical test.

The problem is, people could not be more wrong and their lives have suffered for it!

This is a little off-topic for Sacramento, but not too far away in the San Francisco Bay Area, DUI convictions were put into doubt by the discovery that law enforcement officers were failing to calibrate their breathalyzer devices properly. Challenging the validity of a chemical test is just one way our Sacramento DUI lawyer can beat your DUI charge – there are plenty of other ways, including challenging the arresting officer’s conduct.

Police officers make mistakes and break procedure all the time, and if they do so during your arrest, the case can be thrown out of court. If you believe that your DUI arrest or the charges involved with your DUI are in any way unsupported or unjustified, contact our Sacramento DUI attorney right away. The average time between arrest and conviction for a DUI can be less than 90 days.

Sacramento DUI Attorney 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. Our Sacramento DUI attorney 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.

DUI Attorney Sacramento

Second DUI Offence

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.

DUI Lawyer Sacramento

FELONY DUI
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.

Sacramento DUI Defense

Long-Term Consequences of a DUI

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

Have you or a loved one been charged with DUI?

Our DUI attorney in Sacramento 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 our DUI attorney in Sacramento today!