DUI Attorney in Sacramento

Elements of a DUI Case in California

In California, driving under the influence (DUI) is a charge that can have major impacts on your life for years after. If you’ve been charged with a DUI, a Sacramento DUI attorney can help you build your case and minimize the consequences. 

Under California law VC Section 23152, there are four major elements that can get you convicted of driving under the influence. This includes:

• Driving a motor vehicle with a blood alcohol level of 0.08% or higher.
• Driving a motor vehicle while addicted to any drugs.
• Driving a motor vehicle while impaired by alcohol, drugs, or any combination of the two.
• Driving a commercial vehicle with blood alcohol content of 0.04% or higher.

To be convicted of DUI in Sacramento, it must be proven beyond a reasonable doubt that you have operated a motor vehicle while breaking at least one of these laws.

Consequences of DUI in Sacramento

A first-time DUI conviction may only be a misdeamnor in California, but it is a crime that will appear on your criminal history and may prevent you from doing things such as: being able to get a rental vehicle, applying for jobs requiring security clearance, or applying for employment in certain industries. 

After receiving a DUI charge, the first thing the DMV will do is suspend your license for 30 days unless you request a hearing with the DMV and win it. You may also have to spend time in jail until the proceeding begins if you are unable to post bail.

If it is your first DUI charge in California, you could face potential consequences such as:

• A 6-month driver’s license suspension. If the driver is not convicted of DUI in court or wins their initial hearing with the DMV after the charge is brought up, then they may be able to avoid this type of penalty altogether.
• 4-6 months of driving with an ignition interlock device (IID) in your vehicle. An IID is a breathalizer device that is built into your vehicle to ensure that you cannot start your engine while under the influence.

Once the proceeding date has been sate, the case will generally follow these steps:

• The first step in the proceeding is an arraignment where a plea can be entered by the driver and their legal team.
• Your DUI attorney can attempt to negotiate a plea deal that may be able to bring about a favorable outcome without the need to go to trial.
• When plea negotiations are not successful, the trial date is set and may be decided by jury.
• Your Sacramento DUI lawyer will try to find holes in the prosecution’s argument such as refuting the arresting officer’s testimony or highlighting a violation of the defendant’s rights to fight for your case.