Sacramento DUI Lawyer

Sacramento DUI Attorney

If you have been charged with DUI in Sacramento, it can be hard to navigate California’s complicated court system. If you are found guilty of DUI, you could face jail time, fines, license suspension, and even problems in your personal and professional life. It’s important to know California’s DUI laws, the penalties for breaking them, and your legal choices, and a skilled Sacramento DUI lawyer can help you.

The attorneys at the Law Office of Conor Bell know how hard it is to follow California’s DUI rules and how a conviction can affect every part of your life. Our DUI lawyers are dedicated to giving you a personalized legal experience that helps you face the least number of consequences possible. Our main goal is to make sure that each client’s defense is unique and fits the specifics of their case.

Sacramento, California DUI Laws and Penalties

California has strict DUI laws that are designed to penalize those who are guilty and to dissuade behaviors that put others at risk. It is illegal to drive a car while intoxicated on drugs or alcohol or with a blood alcohol concentration (BAC) of 0.08% or higher. The BAC levels are even lower for commercial drivers and drivers under the age of 21.

The penalties for a DUI conviction can vary depending on the circumstances of your case. Mitigating or aggravating factors that are present could significantly increase the penalties that you face. No matter what the circumstances of your case may be, it is important that you share all the details with your attorney to help build the right defense. Even if you violate the law, you are protected by attorney-client privilege, and honesty can significantly help your case.

The sentence for a DUI is mostly set by state law, but judges can use their own discretion, if necessary, based on the specifics of the case. If found guilty of DUI, you could face fines, jail time, probation, drinking education programs, and the revocation of your license. The severity of the penalties depends on several circumstances, including:

• Whether this is your first DUI or you have been convicted of DUI before in the last ten years
• The presence of aggravating factors such as driving too fast, driving with a child in the car, or causing an accident resulting in injury or death
• Whether there was an accident and it was caused by drugs, alcohol, or a mix of the two

Judges use a list of mitigating and aggravating factors to figure out the right sentence within the range that is allowed. For some accused of DUI, however, there is the opportunity to reach a plea deal with the prosecution that could reduce the penalties you could face and avoid sentencing in court.

The penalties for a DUI sentence are harsh and depend on how many times the person has been convicted before. This also depends on if there are any other factors that make the case worse. Potential penalties for a DUI include:

• First DUI charge. Up to six months in jail, $390 to $1,000 in fines, six months without a license
• Second DUI charge. 96 hours to one year in jail, $390 to $1,000 in fines, two years without a license
• Third DUI charge. 120 days to a year in jail, fines up to $1,800, three years without a license

These penalties apply to misdemeanor DUI charges. However, there are many circumstances that could change the potential penalties you could face.

California DUI Aggravating Factors

DUI charges could be accompanied by aggravating circumstances that could not only increase the potential penalties faced for a DUI charge but could cause additional charges to be applied. These are referred to as aggravating factors. When aggravating factors are present, judges are less likely to be lenient. Some common factors that make DUI cases worse in California include:

• Traveling with a small passenger. If you get a DUI and there is a child under 14 in the car, you may have to serve additional jail time. This time increases with each offense. For instance, if you serve an additional 48 hours for the first offense, you may have to serve an additional ten days if this happens again on a second offense.
• More than one victim in the car. If more than one person is hurt or killed in a felony DUI case, the term can be increased for each victim.
• Driving faster than the speed limit. If you were going significantly over the speed limit, this could also result in additional jail time.
• Driving through construction or safety zones. In California, DUI crimes in certain safety zones, like construction zones, earn additional fines, sometimes double the average amount.

These are just a few of the aggravating circumstances that could increase potential DUI penalties. Knowing all the circumstances of your arrest and what led to the arrest allows our team to build a defense that works for your case.

Felony DUI in California

In California, most DUIs are misdemeanors, but in some cases, a DUI charge can be classified as a felony. Felony DUIs have much harsher punishments, such as long-term license suspension, heavy fines, and time spent in jail or prison. Most of the time, a felony DUI charge comes from these three situations:

• Causing harm or death. If your DUI causes major harm or death to another person, you will likely be charged with a felony and face up to four years in prison and fines of $390 to $5,000. You could be charged with vehicle manslaughter or second-degree murder if the DUI kills someone.
• Any fourth DUI in ten years. In California, you can be charged with a crime if you are found guilty of a fourth DUI in ten years.
• Previous conviction for felony DUI. If you have been convicted of a felony DUI before, any later DUI offense will also be considered a felony, even if it involves injury or other factors that make the first offense worse.

You may have a harder time finding work, getting professional licenses, or finding a place to live after being convicted of a felony DUI. A skilled DUI lawyer can help you fight these charges to protect you from such consequences.

License Suspensions and License Limits

If you are found guilty of DUI in California, you will automatically lose your license. However, a lot of drivers can get limited licenses that let them drive to important places like work or school while their license is suspended. Many times, drivers with these limited licenses must have an Ignition Interlock Device (IID) installed on their car which will test their BAC to ensure that it is below the legal limit before the car will start.

The amount of time you may be required to have the IID on your car will depend on the factors surrounding your DUI and whether it is your first, second, third, or subsequent DUI violation.

The Implied Consent Law in California

California’s implied consent rule says that all drivers must take breath, blood, or urine tests if they are legally arrested for DUI. If you refuse to take these tests, your license could be taken away automatically for one to three years, based on your driving record.

Common Defenses for DUI

While the circumstances of each DUI charge are unique, there are some common defense strategies that an attorney may use to help challenge the circumstances of the charge to have your charges reduced, dropped, or reach an acquittal. Common defense strategies include:

• Unlawful police stop. Reviewing the police stop is one way that your lawyer may challenge the charges against you. Police must have a valid reason to pull you over for the initial stop. This could include speeding, improperly changing lanes, or another type of moving violation. Once the stop is made, if the police suspect that you are under the influence, they can proceed with DUI protocols. However, if the initial stop was not legal, the DUI charge is not admissible.
• Challenging the chemical test. Police may use a breathalyzer, a blood test, or both to test your BAC. Both tests, however, could have significant flaws in their testing and results. A breathalyzer may be improperly calibrated, or the officer may not have the right training to administer the test. A blood test could be completed in a contaminated facility or improperly handled in the chain of custody. Either test could return false results that could cast doubt on the charges you face.
• Suppressing evidence through legal motion. Submitting a motion in which you wish to suppress evidence is an attempt to prevent certain evidence from being presented in your case. This could stem from other areas of the case that are challenged. If, for example, a police officer did not have grounds to pull you over, their dash cam video may then be inadmissible as evidence.

These are just a few of the defenses that your attorney could use to defend you against DUI charges. There are, of course, many other types of defenses that could be used. Discussing your case with your attorney can help to devise the right plan that could work in your case.

Steps to Take if Charged With a DUI

If you are arrested for DUI in Sacramento, remain calm and apply these important steps. Cooperating with law enforcement during the arrest is important so that you do not have additional charges filed against you. You should, however, avoid answering any questions on your drug or alcohol intake without a lawyer present. An attorney’s presence ensures that the line of questioning you face is appropriate and that your rights are protected throughout the legal process.

Keep your matter under discussion only with your attorney. Collect any data or witness information that will support your defense. Be sure to follow any court instructions about license suspensions or hearings. Ultimately, follow the advice and guidance of your attorney. With their help, you can avoid unintentionally incriminating yourself and ensure your case remains on the facts.

FAQs

How Much Does a DUI Lawyer Cost in California?

The cost of a DUI lawyer in California varies based on the complexity of the case and the attorney’s experience. Fees will generally be lower for misdemeanors and higher for felonies, particularly those involving accidents, injuries, or multiple other charges. Additional expenses such as court fees or professional witness costs may also apply.

Should I Hire a Lawyer for a DUI in California?

If you are charged with a DUI in California, you should hire a lawyer even though it is not required. DUI laws are complicated, and a skilled lawyer can help you navigate the court system, make plea deals, and maybe even get your charges or penalties reduced, dropped, or bring an acquittal. A lawyer will protect your rights and improve your legal chances. Discussing the circumstances of your case with your attorney will help them devise a defense plan that works for your case.

How Much Is a DUI in Sacramento?

The cost of a DUI in Sacramento depends heavily on the details surrounding the DUI. Factors contributing to the cost include fines, court fees, DUI education programs, increased insurance rates, and potential costs of ignition interlock devices. First-time offenders generally face smaller fines than those who have subsequent offenses and those who have aggravating factors.

What Is the Three-Hour Rule for DUI in California?

The three-hour rule in California states that a BAC test must be completed within three hours of the initial stop by police. If the test is conducted outside of those three hours, it may not be accurate in reflecting the BAC at the time of driving. If you feel your test was inaccurately taken, be sure to discuss that with your attorney, who can use that to challenge the validity of the results.

Sacramento DUI Lawyer

If you are facing a DUI charge, an attorney at the Law Office of Conor Bell can help. We keep up with the newest DUI rules and improvements in chemical testing technology to build a defense that works. Our lawyers carefully look over every part of your case to make sure that your rights are protected and that you have the greatest defense possible.

We defend your rights and provide you with a tailor-made defense to strive for the greatest possible outcome. Contact us today to get started.