Category: DUI DEFENSE

DUI Defense

UNDERAGE DUI

Sacramento DUI Lawyer Provides Underage DUI Defense Legal Services

Driving under the influence is not only a dangerous and risky act to participate in but it has severe consequences, especially in the state of California, which as a zero tolerance policy for those underage. If you are above the legal drinking age in California, you will be arrested for a DUI when you have a blood alcohol content (BAC) of 0.08% or higher.

However, if you are under the age of 21, your BAC only has to be at 0.01%. California has two major laws concerning underage drinking and driving. The first pertains to a blood alcohol content of 0.01% and higher and the second pertains to a blood alcohol content of 0.05% or higher. If you are under 21 yrs of age and are arrested for drinking and driving, you can be violating more than one law. Contact an experienced Sacramento DUI lawyer for help. Continue reading “UNDERAGE DUI”

REFUSING FIELD SOBRIETY TESTS

Few motorists realize that they have the right to refuse an officer’s request for field sobriety tests (FSTs). There is no legal requirement that a driver must perform FSTs before or after an arrest. An officer can only request, not compel, a motorist to perform tests. The critical issue is whether the refusal to perform FSTs is admissible as evidence of intoxication.

Continue reading “REFUSING FIELD SOBRIETY TESTS”

FIRST DUI

Driving under the influence is a serious crime with some harsh penalties. Contact a DUI attorney for consultation immediately.

Over 200,000 drivers are arrested each year for driving under the influence in California alone and the administrative penalties vary. Before you can be sentenced of drunk driving though, the prosecution must establish three things. Continue reading “FIRST DUI”

DUI MYTHS & FACTS

Myth No. 1 – Alcohol on breath is a reliable sign of alcohol intoxication. Alcohol is actually odorless. What officers perceive as alcohol on breath is actually an odor of the beverage. For example, a person who will drink a non-alcoholic margarita or beer, will have the same smell on his or her breath as a person who drank an alcoholic beverage of the same kind.

Myth No. 2 – Breathalyzers and other breath tests are accurate. Actually, without proper maintenance these devices can show a misreading unto 20% higher than your actual blood alcohol level. Anything from mouthwash, to chewing gun, mints and energy drinks may affect the blood alcohol content or BAC reading of the devise.

Myth No. 3 – Police officers cannot influence BAC reading. The alcohol concentration changes considerably during breathing. The last part of the breath can contain over 50% above the actual BAC. Peace officers know this, that is why they tell you to blow harder for a long period of time. That way they get the last part of the breath containing a higher BAC.

Myth No. 4 – If I want to challenge by DUI charge I am going to have to take it to trial. In reality less than 10% of DUI cases actually end up in trial with a jury present. The prosecutor has a ton of work and is willing to negotiate a plea bargain, that will make his job easier. However they know you do not know the law and will not offer you anything worth taking. An aggressive representation can get you a plan of action which will result in a lesser sentence, less fines, less headache.

Myth No. 5 – I drank, I drove, therefore I am guilty. Drinking and driving is not against the law. Drunk driving is. The State of California defines drunk driving when you BAC is .08 or above. If you are over 21 and your blood alcohol level is below .08, you committed no crime.

Myth No. 6 – A lawyer cannot help me, they only charge money. Quite to the contrary. Having knowledgeable, experienced and aggressive representation can reduce your sentence and minimize exposure. When hiring a Sacramento California DUI attorney there should be no hidden fees. Even if it is a flat fee contract read it slowly and carefully and make sure you understand every part of what you are signing.

To protect your rights and improve your chances of obtaining a favorable outcome for your case, it is important to discuss your case with an experienced DUI attorney.

UNDER 21 DUI

The State of California has a “zero tolerance” policy when it comes to driving while intoxicated for individuals who are under 21 years of age.

What that means for you is that if you are under 21 and there is any amount of alcohol in your system, even as little as 0.01% blood alcohol content or BAC level, you will be arrested and charged. Continue reading “UNDER 21 DUI”