Sacramento DUI Lawyer

Individuals in Sacramento and surrounding areas are heavily dependent on their cars due to the lack of public transportation and added convenience of moving around in an automobile. Therefore, when the right to drive is threatened by DUI charges, defendants commonly feel helpless and unsure about steps to take to defend themselves. A Sacramento DUI lawyer from Tully & Weiss can work to understand your case details and fight for a positive outcome.

A Breakdown of DUI Offenses in Sacramento, California

Driving under the influence – or DUI – crimes are some of the most commonly charged offenses in the state of California. As such crimes can seriously threaten the safety of others on the road, the government has enforced stringent regulations, such as California Vehicle Code Section 23152, that addresses the prevalence of driving impaired.

In California, it is illegal for drivers who are 21 and older to operate a motor vehicle if they have a blood alcohol concentration (BAC) limit of 0.08%. Those who drive commercial vehicles with a BAC limit of 0.04% and those under 21 with a BAC of 0.01% can face DUI charges. Even if you are found to be under the legal BAC limit, a police officer may charge you if they believe your driving abilities are impaired by alcohol or other substances.

Driving under the influence of drugs other than alcohol, such as cocaine or marijuana, is also strictly regulated in California. Individuals who drive impaired after consuming prescription drugs can face DUI charges as well. California employs drug recognition experts, or individuals who are tasked with evaluating drivers who are suspected to be operating a motor vehicle while impaired by drugs, to assist with law enforcement in the state.

California has an implied consent law, which requires individuals who have been lawfully pulled over and arrested for DUI crimes to take a blood or breath test in order to calculate their BAC. Suspected drunk drivers who refuse to submit to a chemical test may face further criminal or civil penalties, such as driver’s license suspension and increased fines or sentencing periods.

Criminal Penalties and Consequences for DUI Crimes in California

The penalties that DUI offenders can face for impaired driving crimes depend on various factors, including their criminal or driving record, whether anyone was injured as a result of a DUI-related accident, and the severity of impairment. While misdemeanor DUI crimes can lead to up to a year in county jail, felony DUI crimes can lead to long prison sentences.

While first, second, or third DUI offenses may be classified as misdemeanors, certain aggravating factors can elevate a DUI to be charged as a felony. Aggravating factors can include DUIs that caused the injury or death of another individual, DUI crimes that occur more than three times within a period of 10 years, and if the defendant has a prior felony conviction for a DUI.

In addition to criminal penalties, such as fines and time in jail or prison, there can likely be additional civil penalties imposed. Individuals convicted of a DUI can have their license suspended for a certain period of time, with the possibility of getting a restricted license that permits them to drive just to school or work. They may also need to attend a mandatory DUI education program and install an ignition interlock device on their car at their own expense.

Defense Against Your California DUI Charges

There are various legal strategies that can be leveraged to fight back against DUI charges. The experienced criminal defense team at Tully & Weiss has years of experience helping individuals defend against their DUI charges, ranging from first-time misdemeanor offenses to felony manslaughter. Depending on your case details, we can implement one or more of the following strategies:

• Analyzing your chemical tests. Blood and breath tests used to determine alcohol levels in the system are not always perfectly accurate; they can be subject to faulty calibration, false handling, or improper testing procedures. A lawyer can analyze your case to determine whether your chemical tests are reliable and, if not, work to challenge them before the courts.
• Understanding your traffic stop circumstances. If your traffic stop was not carried out according to adequate rules and regulations, then evidence collected as a result can be deemed inadmissible in a courtroom. An attorney can look into the details of your traffic stop to determine whether you were initially pulled over for a valid reason, according to California law.
• Looking into your arrest. In addition to the requirement of having a reason to initiate a traffic stop, your lawyer can determine whether there was enough evidence available for you to be arrested, otherwise known as probable cause, to determine you were driving under the influence. An attorney can bring forward evidence to show that your arrest was unlawful or that the process violated legal rules and regulations and work to get your charges dropped.
• Medical background. If you have a specific medical condition or prescribed medication that could have led to a false positive on a chemical test or made it appear as if you were intoxicated, a lawyer can work to provide evidence to show that this was due to your medical situation. By presenting valid medical reasons to explain the circumstances, they can challenge the prosecution.

An experienced lawyer from our firm can look into various details of your case, including the prosecution’s evidence, the details of your traffic stop and arrest, and other factors to help you understand which defense strategies may be suitable for your case.

A Breakdown of the DMV Administrative Process After a DUI Arrest

Individuals facing criminal proceedings for a DUI will also need to navigate a separate administrative process with the California Department of Motor Vehicles (DMV), adding another layer of complexity and frustration to the situation. After being arrested for a California DUI, your driver’s license will automatically be suspended, and you must request a hearing within ten days of your arrest to contest the suspension.

DMV hearings are completely separate from court hearings held during your criminal proceedings. During this hearing, only the prospect of your license suspension will be discussed, and the DMV will consider details of the incident to make the decision. An experienced Sacramento DUI attorney can help you navigate both the criminal and civil processes associated with your DUI arrest.

A skilled attorney can bring forward robust arguments and evidence, as well as cross-examine witnesses to show the reasons why you should not have your driver’s license suspended. Failure to request a DUI hearing within ten days of your arrest leads to an automatic suspension of your license after 30 days have passed. Therefore, it is of utmost importance to contact an experienced lawyer as soon as possible so that you can work to fight any administrative barriers.

The Opportunity for a Restricted License

If you are facing a DUI conviction, you could be dealing with the suspension of your driver’s license as a result. There are, however, opportunities for DUI offenders to obtain a restricted driver’s license, which can allow them to commute to DUI educational programs assigned by the courts or work or school.

Requirements for obtaining a restricted driver’s license include:

• Having an ignition interlock device (IID) installed in your vehicle at your expense.
• Taking part in a court-ordered DUI educational program.
• Finishing a part of your driver’s license suspension period.
• Giving proof that you have high-risk motor vehicle insurance (known as an SR-22).

An experienced DUI attorney from our firm can help you understand your options for obtaining a restricted license so that you can get back on the road and carry out crucial tasks in your life. We can potentially present clear evidence to prove why you should be awarded a restricted driver’s license.

Aggravating Factors for More Severe DUI Charges

There are specific factors that can result in DUI charges escalating to more serious offenses and, therefore, carry more severe criminal penalties in California. If your case has one or more of the following aggravating penalties, an experienced lawyer from our firm can help you leverage key legal strategies, such as negotiating a plea deal to fight for restricted penalties:

• Causing an accident or injuries. DUI cases that involve causing a crash or injuries of another party can result in increased charges, such as a DUI causing injury or a felony DUI.
• Showing elevated BAC levels. Individuals with extremely high BAC levels, typically 0.15% or higher, can have their charges enhanced and face greater associated penalties.
• Having a minor in the car. California punishes offenders who drive under the influence of alcohol or drugs and have children in the car more harshly. Individuals facing DUI charges who had a minor in the car could also be facing child endangerment charges.
• Refusing to take a breath or blood test. Individuals who are suspected of driving under the influence of alcohol or drugs must agree to take a blood, breath, or urine chemical test after arrest under California’s implied consent laws. Failure to do so can lead to more severe criminal penalties and an automatic suspension of the driver’s license.

As felony DUI charges can carry severe restrictions, such as prison sentences beyond one year and long periods of driver’s license suspension, it is critical for those with aggravating factors in their DUI cases to start working with an attorney as soon as possible to mount a defense.

Understanding Requirements for an Ignition Interlock Device (IID)

An ignition interlock device, or IID, is a technology that analyzes your breath to make sure your blood alcohol content is below a certain level. Many individuals convicted of DUI crimes in California are required to install an IID into their vehicle as a requirement for being able to drive again under restricted conditions. Even first-time DUI offenders are now required to have an IID installed in their vehicle for a certain period of time.

To start the car with the IID installed, the driver will need to blow into the device. If the driver’s BAC is above a certain amount, the car will not start. Attempting to remove or tamper with an IID can lead to further criminal charges. Although inconvenient, installing an IID may be a feasible opportunity for some California DUI offenders to be able to drive again.

How a Sacramento DUI Attorney Can Support Your Case

Facing a DUI in Sacramento and surrounding areas can be highly distressing due to the serious associated criminal and civil penalties, as well as the impacts it can have on your personal and professional life. A skilled and compassionate attorney from our firm understands how high the stakes are and is here to help you navigate complex legal processes and serve as your ultimate advocate. Specifically, we can help you with the following:

• Building a strong defense strategy. A lawyer from our firm can work closely with you to understand key parts of your case, including the circumstances of your traffic stop and arrest and the evidence being used against you by the prosecution. We can work to find weaknesses in the prosecution’s case and even attempt to get your charges dropped if we find that your rights were breached.
• Representing you in DMV hearings and court. The bureaucratic and legal processes associated with DUI charges are highly complex. An experienced lawyer from our firm can help walk you through the required hearings, both civil and criminal, ensuring your rights and interests are protected.
• Negotiating a plea deal. In some cases, it may be ideal to negotiate a plea deal with the prosecution to ensure reduced penalties or sentencing. An attorney from our firm can negotiate fiercely with the prosecution regarding your charges and, if necessary, the judge, regarding your sentencing. We can advocate for alternative sentencing measures to mitigate the situation.

If you are dealing with DUI charges in Sacramento or surrounding areas, you do not have to handle the situation alone. An empathetic and experienced lawyer from our firm can help you right away.

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