Charged with a DUI?\u00a0 Call 916-546-8052 for a free consultation today.\u00a0 Protect your rights.<\/p>\n
Most people arrested for a DUI or DWI in California believe that the cards are stacked against them and believe the best solution is to resolve the case as quickly as possible.\u00a0 This could not be further from the truth.\u00a0 Fighting a DUI charge is generally the better choice than walking into court and accepting the first offer made by the District Attorney\u2019s Office.\u00a0\u00a0 There are many parts of the prosecutor\u2019s case that need to be carefully examined, including:<\/p>\n
When a person is charged with a DUI in California, they can be charged with two different code sections, Vehicle Code Sections 23152(a) and 23152(b).\u00a0 Depending on the reason for the arrest they can be charged with one or both of these sections.<\/p>\n
When arrested for driving under the influence of alcohol, generally you are charged with both 23152(a) (Driving Under the Influence of Alcohol or Drugs) and 23152(b), if your blood alcohol level is .08 percent or more while driving.<\/p>\n
The Arrest<\/b><\/p>\n
Most of the time a DUI arrest starts with a traffic stop or at a DUI checkpoint.\u00a0 After a conversation with the officer, he\/she typically will ask you to perform a series of field sobriety tests and then may asks<\/span> you to blow twice into a preliminary alcohol screening device (or \u201cbreathalyzer\u201d).\u00a0 After the arrest is made and you are transported to the jail, the officer will usually ask you to take an additional test at the jail, which may be blood or breath.\u00a0 By law you are required to take this test.\u00a0 If you refuse it may result in much tougher penalties from the DMV and from the court.<\/p>\n For most DUI arrests you will be released from jail a few hours after your arrest and booking. \u00a0You will be given a court date for a future date to which you must appear (unless you have hired an attorney who, in most cases, will be able to appear without you being personally present).\u00a0 If you are charged with a Felony DUI<\/b>\u00a0you likely will have to post bail before being released.<\/p>\n Time is of the essence when arrested for a DUI.\u00a0 You have ten days<\/b> from the date of the arrest to contact the DMV and schedule a hearing to contest the arrest and the pending license suspension.\u00a0 If you do not contact the DMV within 10 days, you forfeit your right to the hearing and your license will be suspended in 30 days. \u00a0\u00a0After retaining my office, we will schedule the DMV hearing for you as long as we are contacted before the 10 days have run.\u00a0 Once we have scheduled the hearing, the DMV is required to send a copy of the police report and any copies of blood alcohol results prior to the hearing.\u00a0 We will be able to review these with you, looking for any inconsistencies in the report.<\/p>\n It is vitally important to contest the arrest both with the DMV and the court.\u00a0 Often there are inconsistencies in the Officer\u2019s report, or we discovery<\/span> that the breathalyzer was not calibrated correctly, leading to falsely high blood alcohol results.\u00a0 Do not wait to involve an attorney in your case.\u00a0 Contact us at 916-546-8052<\/a> for a free consultation today.<\/p>\n In most cases we can appear in court without you being personally present at the hearing and will notify you of the new date and the results of the court hearing.\u00a0 Most DUI cases consist of multiple court dates, as we file and run motions, collect evidence, and negotiate with the District Attorney\u2019s office.\u00a0 In many cases we have been able to reduce the charges to a \u201cwet and reckless\u201d or a complete dismissal of charges. \u00a0If a settlement is reached, that is agreeable by you, we can execute a plea without you having to be present.<\/p>\n If no settlement is reached, we will then discuss your options for trial and the case is generally then set for trial.\u00a0 A typical trial in a DUI case is 3-5 days, depending on the circumstances.\u00a0 Many times we are able to reach a settlement once the case is set for trial because the District Attorney\u2019s Office will start to scrutinize their case in the same light we have from the beginning.\u00a0 Often then they see the inconsistencies that we have been showing them.<\/p>\n When driving under the influence because of drug use you are only charged with VC 23152(a).\u00a0 \u00a0Additionally, unlike a DUI because of alcohol, there is no DMV hearing associated with this crime.\u00a0 Despite these two differences, a charge of driving under the influence because of drugs is a serious charge that takes an experienced attorney to look into the complicated issues that surround this crime.<\/p>\n Under California law, drugs are defined as any substance other than alcohol that could affect your brain, muscles, or nervous system.\u00a0 You can be charged and convicted of driving under the influence when those drugs impair you to the point that you can no longer drive like a sober person in similar circumstances.<\/p>\n You can be prosecuted for driving under the influence of drugs regardless of the drug, so long as that drug affects your brain, muscles, or nervous system.\u00a0 Such examples are illicit drugs (such as cocaine), prescription drugs (such as vicodin, oxycodone, and marijuana), and certain over the counter drugs (such as diphenhydramine found in Tylenol PM).<\/p>\n While an arrest for driving under the influence for alcohol and drugs start the same (generally with a traffic stop or DUI checkpoint) they differ greatly from there.\u00a0 Once an officer believes that you are under the influence of drugs rather than alcohol a Drug Recognition Expert, or \u201cDRE\u201d, does the investigation before arrest.\u00a0 This may be the officer who made the stop, or it may be an additional officer that is called to the scene.\u00a0 If that officer believes that you are impaired because of your drug use, he will arrest you and generally take you to jail for a blood test to determine what drugs are in your system.<\/p>\n Unlike a DUI due to alcohol, there is no magic number that shows you were under in the influence when driving.\u00a0 As such, DUI cases due to drug use are much harder for the District Attorney to prove, and an experienced attorney is needed to closely examine the evidence and determine the best course of action.<\/p>\n Driving under the influence, whether it is because of alcohol or drugs, is a misdemeanor in California unless:<\/p>\n If charged with a first time misdemeanor driving under the influence charge the penalties can be:<\/p>\n If you are charged with a second or third misdemeanor driving under the influence allegation, the penalties can be greatly increased.\u00a0 Most counties require a minimum mandatory jail time for a second offense of 96 hours, and 120 days for a third offense.\u00a0 Additionally, the court will order an 18 month alcohol education class.<\/p>\n If charged as a felony the penalties can be:<\/p>\n The above penalties only apply to felony DUI\u2019s without injury.\u00a0 If an injury occurs, the total prison time may go up dramatically, as well as the possibility of a strike being assessed against your record.\u00a0 Please contact us<\/a> directly at 916-546-8052 for a free consultation to discuss the penalties associated with felony DUI.<\/p>\n If you or your loved one has been arrested for any DUI charge, do not hesitate to contact us<\/a> at 916-546-8052<\/b> immediately to discuss your case.\u00a0 Protect your rights and get the best possible outcome available.\u00a0 Our firm handles these cases all over California, including in Sacramento, Yolo, Placer, El Dorado, Sutter, San Joaquin, and Nevada Counties.<\/p>\n Additional Resources <\/b><\/p>\nContacting the DMV<\/b><\/h4>\n
The Court Process<\/b><\/h4>\n
Driving Under the Influence \u2013 Drugs<\/b><\/h4>\n
The Arrest<\/b><\/h4>\n
The Court Process<\/b><\/h4>\n
Penalties for Driving Under the Influence<\/b><\/h4>\n
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Contact Us<\/b><\/h4>\n