California Criminal Lawyer Blog

In most cases, the person arrested for drunk driving will have his driver's license confiscated by the officer if he (1) takes a breath test showing .08% blood-alcohol or higher, (2) gives a blood or urine sample which will be analyzed later, or (3) refuses to be tested. He will also be given a pink sheet of paper which serves as both a notice of suspension and a 30-day temporary license. (For out-of-state drivers, the license will not be seized and the suspension will only be of the privilege to drive within California.)

It is critically important to CALL THE California DMV WITHIN 10 DAYS OF THE ARREST to request a hearing to contest the suspension; failure to do so will result in the suspension taking effect 30 days after the arrest. Requesting a hearing will also result in an extension of the 30-day temporary license, usually for another month or two depending upon when the hearing is held. Nothing is lost by requesting a hearing and a good DUI attorney has a fair chance of getting the suspension thrown out.

The California Department of Motor Vehicles is a huge bureaucracy with all of the inefficiency and incompetence that one has come to expect. The division of the DMV responsible for the "APS" suspension of licenses is the Drivers Safety Office (DSO), with branch offices located around the state. It is at these offices that the hearings will take place, presided over by a "hearing officer" -- a DMV employee without legal training who will serve as both prosecutor and judge. Without an attorney experienced in such hearings, the chances of obtaining a "set-aside" of the suspension are not good.

To find out more about your rights and how to protect them contact our office at (916) 447-7842.

CA DUI Guide

In most cases, the person arrested for drunk driving will have his driver's license confiscated by the officer if he (1) takes a breath test showing .08% blood-alcohol or higher, (2) gives a blood or urine sample which will be analyzed later, or (3) refuses to be tested. He will also be given a pink sheet of paper which serves as both a notice of suspension and a 30-day temporary license. (For out-of-state drivers, the license will not be seized and the suspension will only be of the privilege to drive within California.)

It is critically important to CALL THE California DMV WITHIN 10 DAYS OF THE ARREST to request a hearing to contest the suspension; failure to do so will result in the suspension taking effect 30 days after the arrest. Requesting a hearing will also result in an extension of the 30-day temporary license, usually for another month or two depending upon when the hearing is held. Nothing is lost by requesting a hearing and a good DUI attorney has a fair chance of getting the suspension thrown out.

The California Department of Motor Vehicles is a huge bureaucracy with all of the inefficiency and incompetence that one has come to expect. The division of the DMV responsible for the "APS" suspension of licenses is the Drivers Safety Office (DSO), with branch offices located around the state. It is at these offices that the hearings will take place, presided over by a "hearing officer" -- a DMV employee without legal training who will serve as both prosecutor and judge. Without an attorney experienced in such hearings, the chances of obtaining a "set-aside" of the suspension are not good.

To find out more about your rights and how to protect them contact our office at (916) 447-7842.
CA DUI Guide

An attractive alternative to a jail term is electronically monitored "house arrest," or home detention. Authority for the home detention program can be found in Pen C § 1203.016:

• (a) Notwithstanding any other provision of law, the board of supervisors of any county may authorize the correctional administrator ... to offer a program under which minimum security inmates and low-risk offenders committed to a county jail ... may voluntarily participate in a home detention program during their sentence in lieu of confinement in the county jail. Penal Code § 2900.5(f) further provides for credit for time served towards any mandatory minimum jail sentence. Electronic house detention commonly involves periodic telephone checks, wearing a bracelet or anklet transmitter, or both telephone checks and wearing a transmitter. The restriction is not necessarily 24 hours a day, however: The correctional administrator may permit home detention program participants to seek and retain employment in the community, attend psychological counseling sessions or educational or vocational training classes, or seek medical and dental assistance. [Pen C § 1203.016(f)]. Time is also usually given the detainee to shop for food, pick up cleaning, and pursue other necessary chores. Until recently, a sentencing court could, with the defendant's consent, order home detention. Currently, however, the court is limited to restricting or denying participation in the program; approval of participation in the program in lieu of jail rests with the sheriff or other county correctional administrator. In practice, however, and by statutory mandate, a sentencing judge's recommendation is usually given considerable deference. (e) The court may recommend or refer a person to the correctional administrator for consideration for placement in the home detention program. The recommendation or referral of the court shall be given great weight in the determination of acceptance or denial. Home detention programs require the defendant to pay a private company to install and monitor the electronic equipment used to ensure his or her restriction to the home. Although the enabling statute says that "Inability to pay all or a portion of the program fees shall not preclude participation in the program" [Pen C § 1203.016(g)], the simple fact is that the companies supplying the equipment are in the business to make a profit and few counties are in a position to provide the funds. To learn more about this call our office and speak with one of our knowledgeable attorneys at (916) 447-7842. CA DUI Guide

Home detention programs require the defendant to pay a private company to install and monitor the electronic equipment used to ensure his or her restriction to the home. Although the enabling statute says that "Inability to pay all or a portion of the program fees shall not preclude participation in the program" [Pen C § 1203.016(g)], the simple fact is that the companies supplying the equipment are in the business to make a profit and few counties are in a position to provide the funds.

To learn more about this call our office and speak with one of our knowledgeable attorneys at (916) 447-7842.

CA DUI Guide

 

When a California driver is arrested for driving under the influence of alcohol, his driver's license is immediately confiscated by the police and he is served with the DMV's "Notice of Suspension". This one-page document (fine print on both sides) serves to (1) formally suspend the license, (2) provide a temporary driving privilege for 30 days, and (3) explain some aspects of the applicable law. Buried in this fine print on the back side is the most important legal provision: there is a right to an administrative hearing to contest the suspension and force the DMV to return the license -- but only if the individual or his DWI attorney contacts the DMV's local Driver Safety Office (DSO) and formally demands a hearing WITHIN 10 CALENDAR DAYS of the arrest. If the call is not made, on the eleventh day the right to contest the suspension is lost and it will begin 30 days from the arrest regardless of any possible defenses.

This immediate suspension is for either (1) having .08% or higher blood-alcohol (.01% for drivers under 21); (2) providing a blood or urine sample when the officer believes the eventual analysis will be .08% or higher; or (3) refusing to take a chemical test. This is referred to as an administrative suspension (or sometimes "administrative per se" or "APS" suspension), and is to be distinguished form a license suspension or restriction which may (and probably will) later occur in the criminal courts -- in addition to the administrative suspension. Although this may seem to constitute "double jeopardy" or multiple punishment, the courts in their infinite wisdom have decided that the first suspension is only an "administrative sanction", as opposed to the second suspension in court which is a true "punishment".

If the driver is from another state, the officer has no right to seize the license, as that document is the property of another state. Similarly, California has no jurisdiction to suspend a driver's license issued by another state. The officer can and will, however, issue a "Notice of Suspension" identical to that given California license holders; this acts only as a suspension of the right to drive (after 30 days) within the State of California. If there is a conviction, California (as a member of the Interstate Driver's License Compact) will notify the home state of that fact; that state will then usually suspend the license in the same way as if the person had been convicted in the home state.

To find out more about your rights and how to protect them contact our office at (916) 447-7842.

CA DUI Guide

Administrative Hearing
The hearing officer will open the hearing by testing the tape recorder, then having each person present identify himself or herself. The hearing officer will then state the purpose of the hearing and recite the issues to be determined. The next step will be to identify and mark as exhibits the documents which will usually constitute the department's entire case. At a minimum, this will consist of the "officer's statement" signed under oath, containing evidence of driving and of a breath test, and the notice of suspension. Exhibit documents will usually also include the licensee's driving record, the arrest report and, if blood or urine was tested, laboratory certification. Exhibits may also include accident reports, and supplemental investigations. If the officer testifies and uses reports to "refresh his memory" which were not forwarded to the department, the hearing officer will probably make copies of those and introduce them as well.
California DUI lawyers will undoubtedly have objections to most of these documents. The hearing officer will rule on these objections -- overrule them -- and then admit them into evidence. It should be clearly understood by counsel that the hearing officer has no legal education, and so will simply not understand the objection in most cases, nor any statutory or case authority cited by counsel. The hearing officer will understand only the memorandums on legal issues periodically forwarded from Sacramento which present the department's official policy toward issues.
The hearing officer may attempt to call the licensee if he or she is present. If counsel does not want the client to testify, counsel can simply advise the hearing officer that the licensee is asserting his or her Fifth Amendment rights. Although there is some language in an old appellate decision stating that the licensee has no self-incrimination privilege [Goss v. Department of Motor Vehicles 264 Cal.App.2d 268, 70 Cal.Rptr. 447 (4th Dist.l968)], hearing officers will never take the extensive time and effort necessary to compel the testimony.
When the hearing officer has finished accepting his or her own documents into evidence, the officer will rest the department's case. If, however, the hearing officer realizes that an element of the case is missing, the hearing officer can request -- and grant -- a continuance.
Note: the law on this subject is unclear; it is at least arguable that there is no statutory authority for a continuance prior to administrative review of a decision without the licensee's consent.

To have any questions answered contact our office at (916) 447-7842
Information from CA DUI Legal Guide

California has two basic drunk driving laws, found in Vehicle Code section 23152, sections (a) and (b):
• 23152(a) It is a misdemeanor to drive under the influence of alcohol and/or drugs.
• 23152(b) It is a misdemeanor to drive with .08% or more of alcohol in your blood.
Note: In most cases, both the 23152(a) and (b) offenses will be charged. Even though there is only one act, the law says that a defendant charged with drinking and driving can be convicted of BOTH offenses -- but can only be punished for one (the punishments are identical). Vehicle Code section 23153 sets forth the "felony DUI" provisions where an injury results from the drunk driving, while Penal Code sections 191.5 and 192 describe the crime of "vehicular manslaughter" where there is a death.
Procedurally, you should be aware of certain legal rights you have -- rights which are commonly ignored by the police:
• There must be legally sufficient facts to constitute "probable cause" to stop, detain and arrest you.
• You should be advised that submission to field sobriety testing and portable field breath testing is not required by law.
• Once arrested, you must be advised of your constitutional rights -- the "Miranda" warning -- before any further questioning takes place.
• You must be given a choice of breath or blood testing; if you refuse, you must be advised of the legal consequences (the "implied consent" advisement).
• If a breath test is administered at the police station, since the breath sample is not saved, you must be given a chance to obtain a blood sample for later independent testing by your defense attorney.

To have any questions answered contact our office at (916) 447-7842

Information from CA DUI Legal Guide

What is a DUI?
DUI is an acronym that stands for Driving Under the Influence. What does "under the influence" mean? Drugs (whether legal, illegal, prescription or over-the-counter medications) and alcohol are known to affect or "influence" a person's behavior. Alcohol is a depressant, which can slow down a person's motor skills, therefore affecting driving ability. Drugs can be a depressant or a stimulant. A stimulant speeds up the body such as heart rate and metabolism and can also affect one's driving ability.
In every state in the U.S. it is illegal for a person to be operating a motor vehicle while under the influence of drugs or alcohol. You can be charged with a DUI if police have reasonable evidence that your driving ability was affected by drugs or alcohol. You can also be charged with a DUI if you are found to be driving with a blood alcohol content above the state's legal limit.
What is a DWI?
There are some states such as New York that refer to drunk driving as DWI or Driving While Intoxicated. A person is intoxicated when he or she has consumed drugs and/or alcohol to the point where it affects their mental or motor skills. Some common symptoms of intoxication include slurred speech, fumbling for items such as a driver's license, difficulty maintaining balance, red eyes and a flushed face.
If police consider you to be intoxicated, they will ask you to submit to a field sobriety test and a chemical test. A field sobriety test (like the Walk and Turn) checks your mental and motor skills to see if you are exhibiting signs of intoxication. A chemical test (blood, breath or urine) measures a person's blood alcohol content. If you are over the state's legal limit (.08%) you can be charged with DWI.
Other states that refer to drunk driving as DWI are Alaska, Arkansas, Connecticut, Louisiana, Missouri, Nebraska, New Jersey, New Mexico, Texas and West Virginia.
While DWI and DUI essentially mean the same thing, the penalties vary from state to state. Other acronyms include: OWI: Operating While Intoxicated (Indiana, Iowa); OUI: Operating Under the Influence (Massachusetts, Rhode Island); OVI: Operating a Vehicle While Intoxicated (Ohio); DUII: Driving Under the Influence of Intoxicants (Oregon).

Information provided by www.drunkdrivinglaws.org

If you have been arrested for drunk driving in California you will face both administrative as well as criminal penalties. The outcome of the any DUI case in California depends on many factors that come up during the arrest and ensuing proceedings. For example if you are already on probation for a prior DUI and refuse to submit to a breathalyzer you could face higher administrative action against you. Because of the complexity of a DUI case you should have an attorney on your side to protect your rights.

Administrative penalties you could face:

- 1st time DUI - license suspension for at least 4 months.
- Courts will order mandated completion of alcohol assessment and treatment in order for you to get your license back at your expense.
- New law affecting Sacramento drivers - it is now mandatory to install at your expense an ignition interlock device at your expense.
- When your license is reinstated it will be reinstated with restrictions and you will be required to obtain SR-22 insurance coverage at your expense.

Potential Criminal Penalties:

- 1st Offense - Conviction carries a mandatory incarceration in County jail of 2 days.
- Fines incurred upon conviction range from $2500-$3000, but completion of sentence including adherence to probation requirements and other items (administrative penalties) will incur additional expenses.
- DUI convictions can be counted as priors for a period of 10 years.

California does allow for reduction of DUI charges. This involves negotiations with the district attorney and if there was a blood draw, the possibility of retesting your blood. A Sacramento DUI attorney is best equipped to help accomplish this goal.

Continue reading "DUI - First Offenses and what you could face" »

There are significant differences between a misdemeanor and a felony offense arrest. Consequences for felony convictions are much harsher than punishments for misdemeanors.

In general, misdemeanors are punishable by a fine and/or incarceration for less than a year in county jail - although there are exceptions to this rule. Misdemeanor infractions such as traffic violations usually have pre-set penalties.

Whereas, felony convictions normally have much more substantial punishments. Certain felony charges may stipulate much higher fines and sentence time vs. if it was classified as a misdemeanor, and felonies may carry a sentence of more than a year which would put you in prison vs. county jail.

Most people think they are always provided with the right to have a court appointed attorney if they face charges. This is not necessarily the case. Such as if charged with a misdemeanor and there is no chance of jail time, then in some counties will not provide a court appointed attorney. However in felony cases, if you are not able to afford to hire a private attorney, the courts will appoint an attorney for you since the stakes are so much higher.

Being convicted of a felony has far more ramifications and lasting consequences than just prison. Once convicted of a felony you lose your right to vote, cannot serve on a jury and cannot work in certain professions.

Most court systems base the "three strikes" law on whether a defendant has had prior felony convictions. If a defendant has been convicted twice of a felony offense, one more felony conviction could subject him or her to life in prison.

A person may be charged with a felony DUI if he or she has had prior DUI convictions within a specified time period. Some areas take the person's blood alcohol content (BAC) into account when determine the degree of felony charge.

A DUI felony conviction will lead to time in prison and large fines. As well as the losing your driving priviledges. If you have recently been arrested for driving under the influence and believe you are facing the possibility of felony charges, you should contact our office immediately @ 916-585-4434.

It is important to contact the DMV driver safety office in Sacramento at (916) 657-0214 within 10 days of your DUI arrest. When calling you need to demand an administrative hearing, regarding your driver's license. You must also request a stay of the suspension pending the hearing. If you do not contact the DMV within 10 days of your DUI arrest, you will lose your right to a hearing and your license will get suspended automatically at the expiration of 30 days. Going to or calling your local DMV office is not enough and will not prevent the DMV from suspending your license. The DMV hearing process can be complicated. The hearing officer acts as both the deciding judge and the prosecutor, or opposing party. You need an experienced DUI attorney who knows how to best defend you not only in criminal court but also at your DMV hearing to prevent, if possible, the DMV from taking away your license.

In the criminal case, the District Attorney will work hard to obtain a conviction against you. You need an attorney who knows the system and will help you to navigate each step.

Continue reading "DUI arrests - What can happen and what you need to do to protect yourself" »

The state's budget director was arrested recently and charged with suspicion of driving under the influence after police allegedly spotted her swerving while driving near the Capitol, The Sacramento Bee reports.

Charges of DUI in Sacramento not only carry criminal penalties, but also public embarrassment. In cases where a public official or celebrity is involved, the media can report extensively on it for months or years.

Our dedicated Sacramento DUI defense lawyers are prepared to help any defendant who gets caught up in such a charge. While DUIs are on a sharp decline nationwide, law enforcement and lobbying groups are still treating DUI issues like an epidemic. Police departments hold frequent DUI checkpoints, and they run television, print and online advertising campaigns.

DUI is one of the most frequently cited charges filed by police. A person charged with driving under the influence may not realize they are committing a crime if their blood-alcohol level is 0.08 or above. People can be legally intoxicated with a blood-alcohol level of 0.08 but not feel the effects like a person who has a blood-alcohol level of 0.04 based on weight, consumption and time factors.

The Sacramento Bee story shows that a one-time mistake can lead to a lot of frustration. California Finance Director Ana Matosantos, 36, was arrested and charged with suspicion of DUI, a misdemeanor charge.

Police spotted her car driving near the Capitol and saw the vehicle swerving. Officers also saw that her registration had expired. After making the stop, police conducted field sobriety tests and a breath test. Police refused to release the breath test results, the newspaper is reporting.

Matosantos offered her resignation, but it was declined and she is still working for Governor Jerry Brown. She is the first finance director in state history to be appointed by two governors of different political parties and she is thought to be the youngest.

While Matosantos gave a statement saying she had a lapse in judgment and took full responsibility for the incident, her employer decided to forgive her and keep her employed. Many other drivers aren't so lucky.

There are plenty of companies that will fire a worker simply for an arrest, which is no proof that a crime has been committed. Yet, this is commonplace in America. While a defendant looks forward to the fact that our criminal justice system is based on the notion of innocent until proven guilty, many employers don't see eye-to-eye with that idea.

They sometimes adhere to a zero-tolerance policy where an arrest means an automatic loss of job. In our difficult economy, this can be devastating. While an acquittal may not get a person's job back if they are fired, it certainly can't hurt. And for companies that will consider a probationary period until the case is resolved, fighting it aggressively is mandatory.

Even in cases where a person isn't employed, a DUI conviction can be expensive, so it must be aggressively fought. And picking up a criminal record after a conviction can make life in the future more frustrating also. Consult with a DUI attorney in Sacramento if you should ever find yourself in such a predicament.

Continue reading "California Budget Director Charged With DUI in Sacramento" »

A San Francisco woman was arrested and charged with suspicion of DUI after striking and injuring a pedestrian in the Richmond District, KTVU reports.

The accident comes as the Centers for Disease Control is reporting that drunken driving incidents have fallen 30 percent in the last five years. In 2010, they fell to the lowest mark in nearly 20 years, CBS News reports.

Charges of vehicular manslaughter in San Francisco and throughout California are serious and can lead to a prison sentence. If someone is convicted of vehicular manslaughter while intoxicated and they have a prior DUI conviction, that person can be charged with murder, since they presumably know the dangers of drunken driving.

This is a charge that is serious in its own right, but can be escalated to a major charge in short order. That's why hiring an experienced and dedicated San Francisco criminal defense lawyer to defend your rights and fight by your side is critical.

Any DUI charge is serious because it can lead to a huge hit to a person's reputation and hurt their chances of advancing in their career field or even finding a job if they are unemployed.

In this case, a 40-year-old woman was crossing Fulton Street at 20th Avenue in a crosswalk around 10 p.m. one Saturday when she was hit by a silver Volkswagen. The woman was taken to the hospital with a life-threatening skull fracture.

The 36-year-old driver, police said, stopped at the scene but was later arrested on suspicion of driving under the influence. While the woman only faces charges of suspicion of DUI at this point, the charges could be increased at any time. If the pedestrian's condition worsens or if she dies, she could face DUI-related vehicular manslaughter charges.

Her arrest comes as national numbers were recently released about the number of drivers drinking and driving on our roads. According to a new federal report, DUI incidents have fallen 30 percent in the last five years and are the lowest they've been in the last two decades.

Some predict that the poor economy has given people less money to spend on alcohol, while others believe people are staying home and drinking on the cheap rather than going to night clubs, restaurants and bars.

A 2010 telephone survey of 210,000 adults in the United States found that 1 in 50 said they have driven while intoxicated at least once in the previous month. That means about 4 million Americans drove while intoxicated in 2010. About 60 percent said they drove drunk just once, but some said they do it on a daily basis.

The responses equate to 112 million episodes of drunken driving in 2010, or 300,000 per day. That's still lower than in 2006, when 161 million incidents were estimated. The number of people killed in DUI accidents dropped from 11,711 in 2008 to 10,839 in 2009.

Continue reading "DUI Charges in San Francisco Levied After Pedestrian Accident" »

The Sacramento Bee reports that a man was recently arrested after allegedly running his car into a power pole that knocked out power to residents in portions of Woodland.

Picking up a DUI charge in Sacramento can be a harrowing experience. Most people who face this charge have never been thrown into the criminal justice system and don't know where to turn.

Hiring an experienced Sacramento DUI defense attorney should be the first point of order. Defendants have rights and many may not know all the specifics. But an attorney does. We can help you defend your rights and seek justice in your case.

This defendant, a 69-year-old man, is accused of driving a vehicle under the influence and driving into a power pole at County Road 98 and W. Beamer Street around 1:15 a.m. A 29-year-old passenger was injured in the crash, police said.

The newspaper reports that the roads were closed for seven hours while power crews dealt with the live wires, restoring power to the nearby residents. The article doesn't provide details about why police found him to be under the influence of drugs or alcohol.

Because it is a traffic accident, there are fewer details that can be challenged as opposed to a traffic stop by a law enforcement officer. In traffic stop situations, typically there must be proof that another traffic violation had taken place before the officer can lawfully pull over the vehicle. Some common violations in DUI cases:

• Swerving in and out of lanes


• Stopping and starting


• Running a stop sign or red light


• Not using a turn signal


• Speeding

Once an officer makes the stop, the defense's case doesn't stop there, however. Every action the officer takes must be looked at closely to determine if the defendant's rights were upheld at every stage of the investigation.

Law enforcement personnel get hours of training on how to properly conduct a DUI investigation. It's not as if this is new to even the rookie officer. So, they have few built-in excuses if they don't follow protocol when determining whether a driver is under the influence.

This includes not properly informing the driver of his or her rights, not explaining the consequences and benefits of refusing to participate in field sobriety or breath testing, and even poorly conducting these tests. Not being properly trained or purposely confusing a driver while giving these tests is also something to consider.

Weather conditions, eyewitness accounts, dashboard-mounted camera video surveillance and other factors must be explored by an experienced Sacramento DUI defense lawyer. The goal is to make sure the client gets a fair shot at defending the charges against him or her.

This is an intimidating process, but it doesn't mean it's a slam dunk for the state. Many DUI cases get overturned when the police, prosecutors or judges make procedural errors, or the state simply gets its facts wrong. The process is there for a reason -- to ensure the defendant's rights are upheld to get a fair trial.

Continue reading "Sacramento Man Charged With DUI, Causes Power Outage" »

Increased enforcement efforts will target motorists through the upcoming Labor Day weekend, with drunk driving charges in Sacramento being at the top of law enforcement's agenda.

The Sacramento Bee reports authorities will be out in force for the "Drive Sober or Get Pulled Over" campaign, which runs from Aug. 19 to Sept. 5.

The National Highway Traffic Safety Administration reports 29 people are killed by a drunk driver every day; between midnight and 3 a.m., someone is injured by a drunk driver every 23 minutes.

But the truth of the matter is that the number of drunk driving deaths on our roads has been in decline for decades -- down by 41 percent in California since 1988. Still, the California Department of Alcohol & Drug Programs reports nearly 215,000 people were charged with drunk driving in California in 2008.

That's almost 600 motorists a day.

Job loss, driver's license suspensions, jail time, fines, court costs and skyrocketing insurance premiums are just a few of the common costs of a drunk driving conviction. And a conviction leaves you more vulnerable for tougher sanctions for repeat violations. Statewide, nearly 1 in 5 DUI cases involve a repeat offender. Having a drunk driving conviction on your driving record is a real good way to be stopped, questioned and charged again.

A Sacramento DUI defense lawyer can help. A reduction or dismissal of the charges is often possible -- particularly for first time offenders. And an immediate appeal of your driver's license suspension must be requested via an administrative hearing through the department of motor vehicles.

Increased enforcement periods, such as those around Labor Day weekend, are problematic for a number of reasons:

-Law enforcement often activates reserve units, volunteers, desk personnel and other officers who may not have the proper training and experience to conduct a DUI arrest.

-Law enforcement roadblocks or sobriety checkpoints can violate a motorist's rights on a number of fronts -- these charges should always be handled by an experienced attorney.

-Emphasis on drunk driving enforcement can lead to marginal or unfair arrests.

There are many ways to challenge a DUI charge in San Francisco or Sacramento:

-Probable Cause: Police must have reason to stop your vehicle. They must also have reason to ask that you perform field sobriety tests or submit to a breathalyzer examination.

-Field Sobriety Tests: Motorists are under no obligation to take these tests. They result in nothing more than an officer's opinion about your level of sobriety. There are only three standardized tests and a right way and a wrong way to administer them.

-Breathalyzer Examinations: These results continue to be challenged by defense lawyers and thrown out of cases across California.

An arrest for DUI is not a conviction. An experienced lawyer can help. Having a drunk driving conviction on your record can impact your life for years to come. And the tiered nature of California's drunk driving laws makes it vital to fight the charges.

Continue reading "Labor Day Weekend increases risk of DUI Charges in Sacramento, San Francisco " »

You've never been in trouble with the law but one evening you decide to go wine tasting or beer sipping at the many wonderful wineries or breweries around Sacramento. You feel fine and start to drive home but right before you get to the freeway you see a bright red light shining in the rear view mirror, nearly blinding you. You wonder why you are being pulled over and find it quite curious that the uniformed police officer asks you to step out of your car. You are asked to do some tests many of which you've seen other drivers perform on the side of the road and at the end of it all you're back in a car. Unfortunately its not your car and the driver is not taking you home. You're going to jail. After providing a breath or blood test you find out later that your blood alcohol level was way over California's legal limit. You just got arrested for a first DUI.

Reality is that people arrested for a first DUI whether in Sacramento, Placer, Yolo or other Northern California counties have had little or no prior contact with police. In their rank you will find people from all ranks of life including engineers, professors, defense attorneys and yes, even prosecutors. It is very easy to underestimate your alcohol consumption and your blood alcohol level before driving.

According to experts, even though you may not feel it, the first organ being affected by alcohol or other substances is the brain. If you feel buzzed or lightheaded after consuming alcohol or another substance, your ability to drive is likely impaired. Law enforcements know this and they use specially designed field sobriety tests to evaluate how your mind is affected.

Now that you've been arrested for a DUI what's next? Here is what to expect if you have been arrested for DUI in Sacramento:

• You will spend anywhere between 4 to 8 hours in jail before being released

• When released from jail, you will receive a court date for your arraignment about four weeks out in the future

• If you took a breath alcohol test, the results are immediately available and your case will be ready to proceed at the first court date

• If you opted for a blood test, it will take the Sacramento County Crime Lab approximately 6 to 8 weeks to get to your sample. This means that there is a good chance that your case will not be ready at the first court date and will have to be continued.

Upon a plea of guilty or no contest:

• You will be placed on three years of informal summary probation

• You will have to do 48 hours of jail time or in the alternative work project or ankle bracelet/home arrest

• You will have to complete a mandatory first offender DUI program

• Your driver's license will be suspended by the court (in addition to the DMV suspension) however you should be able to obtain a restricted license after 30 days

• You will be required to install an ignition interlock device for at least five months

• You will have a fine of about $480 + penalty assessments (about $2300 after penalty assessments)

Second DUI, third DUI and DUI with injury convictions carry significant harsher penalties. A criminal defense lawyer with experience in DUI cases will be able to guide you thorough the court and DMV system.

Continue reading "Consequences for a First DUI in Sacramento" »