Sacramento Driving Under The Influence (DUI) Attorney
DMV Hearing Attorney in Sacramento
When you’re arrested for a DUI, the police officer will confiscate your license and issue you an Order of Suspension and Temporary License. You may drive for 30 days from the date the order of suspension was issued before the suspension actually goes into effect (assuming your license is not expired, suspended, or revoked for any other reason). You have the right to an administrative hearing to challenge the suspension. It is absolutely critical that you contact an experienced attorney to request an ADMINISTRATIVE HEARING from the DMV within 10 days of being issued your Order of Suspension. Once this time limit has elapsed, it is too late to prevent the administrative suspension!
The DMV administratively suspends the license of anyone arrested for DUI who: has a blood alcohol concentration (BAC) level of 0.08% or more; OR 0.04% while driving a commercial vehicle; OR for refusing a chemical test (blood or breath); OR for being under age 21 with a BAC of just 0.01%. If you are over 21, this suspension will last at least 4 months. If you are under age 21, it will last at least one year. This is why it’s crucial to contact an experienced DUI attorney to request an administrative hearing within 10 days of being arrested for a DUI.
If the administrative hearing review shows there is no basis for the suspension, the administrative suspension of your license will be set aside, meaning you can keep your license for the time being. The DMV hearing is an administrative proceeding solely regarding your driving privilege and the circumstances surrounding the arrest, and is separate from the DUI case you will face in criminal court.
Driving under the influence of alcohol (DUI) can have costly consequences, including jail time, fines, probation, and license suspension. It’s important to have an expert DUI attorney in Sacramento in your corner, fighting for you every step of the way. Call Nagra Law Firm P.C. today, at (916)-913-1378.
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Contact Nagra Law Firm P.C. today to protect your rights with an experienced DUI Attorney in Sacramento, CA.
Why hire a Sacramento DUI Defense Lawyer?
The toughest battle in fighting a DUI case does not occur with the DMV, but instead, in criminal court. That is because in criminal court, it is not just your driver’s license that’s in jeopardy, it’s also your liberty. This is because DUIs can result in serious jail time. DUIs in California are prosecuted by the District Attorney’s Office in the County Superior Court in which the DUI is alleged to have occurred. If you are being accused of Driving Under the Influence and believe that you are innocent, or simply want to protect your rights, then it is crucial to hire an expert Sacramento DUI lawyer.
Our Sacramento DUI attorney will talk to you and investigate your case to see whether any potential defenses to your case could apply; potentially file motions such as a motion to suppress evidence; negotiate a plea deal with the DA’s office; or even beat the entire case at a jury or bench trial if the evidence is insufficient to prove the case beyond a reasonable doubt.
For our Sacramento DUI lawyer, cost for clients is certainly an important consideration, and so we offer affordable retainer fees and payment plans that are competitive with other top Sacramento DUI attorneys’ fee rates.
Penalties for DUI conviction in criminal court
Punishments for a DUI in criminal court in California generally include your license being suspended until completion of a DUI class, probation of up to 5 years, and fines, as well as the following maximum times in custody:
Punishments
1st time DUI – MISDEMEANOR (VC23536 & 23538)
Maximum of 6 months in county jail
2nd time DUI – MISDEMEANOR (VC23540 & 23542)
Maximum of 1 year in county jail
3rd time DUI—MISDEMEANOR (VC23546 & 23548)
Maximum of 1 year in county jail
4th time DUI – FELONY (VC23550)
Maximum of 3 years in county jail
5th time DUI – FELONY (VC23550.5)
Maximum of 3 years in state prison
Possible Defenses to a DUI in California Criminal Court
Our drunk driving lawyer, the best DUI lawyer in Sacramento understands how to present any applicable defense to the case in court, such as one of the following:
- Illegal vehicle stop
- Warrantless entry to a home
- Arrest unsupported by probable cause
- Inaccurate or invalid field sobriety tests (FSTs)
- Mouth alcohol defense
- Drinking after driving defense
- Necessity defense
- Mistake of fact defense
- Involuntary intoxication defense
- Improper DUI checkpoint
- Improperly administered or preserved blood alcohol test
- Medical conditions mistaken for DUI symptoms
- No movement of vehicle defense
- Rising Blood Alcohol defense
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Read our blogs on DUI
DUI Punishment in California
Learn about the serious consequences of DUI convictions in California and why seeking legal counsel from an experienced DUI lawyer is crucial. Explore possible punishments and how an attorney like Mr. Nagra can help mitigate negative outcomes.
Read MoreChoosing the Best DUI Attorney in Sacramento:
In this blog, Nagra Law Firm P.C. will take you through a detailed step-by-step guide to help you choose the best DUI attorney in Sacramento. So read carefully until the end and share this blog with someone who may need this vital information.
Read MoreFAQs on DUI /DWI Cases in California
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Why should I hire you instead of using a public defender?
The obvious advantage of using a public defender is that they are free. However, the old saying, “You get what you pay for,” has some truth to it – the downside of using a public defender is that they are often overburdened with a massive caseload. What this means is that they will often have very little time for your case, and minimal time to speak with you. Because of their massive caseload, they are incentivized not to fight your case as hard as possible, and instead, to simply move your case through the system. When you hire Akaash Nagra of Nagra Law Firm, P.C., what you get instead is an experienced defense attorney with a background as BOTH a former prosecutor AND former public defender. Mr. Nagra has the knowledge, resources, and skill to fight your case as aggressively as possible, rather than trying to make you plead guilty as soon as possible, as public defenders often do to their clients.
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How many Driving Under the Influence (“DUI”) cases have you handled?
As both a prosecutor and defense attorney, Mr. Nagra has handled hundreds if not thousands of DUI cases of all different types.
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What are the most common ways that people get caught committing a DUI?
The most common ways that people are caught committing a DUI are after a traffic collision, or after being pulled over for other traffic violations such as speeding, swerving, expired registration, etc.
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I got arrested for a DUI. What happens to my driver’s license?
Generally, when someone is arrested for an alcohol-related DUI in California, the arresting officer will confiscate your license and issue you an Order of Suspension and temporary license. The temporary license lasts 30 days from the date the order of suspension was issued, at which point the suspension goes into effect. You have the right to a DMV Administrative Hearing to challenge the suspension of your license, but you must request it within 10 days of your arrest, otherwise it is too late! Therefore, if you are arrested for a DUI, it is crucial to call us A.S.A.P.
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What is a DMV Hearing?
A DMV Hearing usually refers to the DMV Administrative Per Se Hearing referenced in the question above. You have the right to a DMV Hearing to challenge the suspension of your license after you are arrested for a DUI, but you must request it within 10 days of your arrest. Call Nagra Law Firm right away to challenge the suspension of your license after a DUI, otherwise you will automatically lose your privilege to drive a vehicle.
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What is the time limit to request a DMV hearing? What happens if I miss the time limit?
The time limit to request a DMV hearing is 10 days from the date of the Order of Suspension (date of arrest). If you miss the time limit, then there is no way to challenge the administrative suspension of your driver’s license.
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What happens if I drive while my license is suspended?
You can go to jail for driving on a suspended license in California. It is a misdemeanor crime, under Vehicle Code Section 14601 et seq. If you have been charged with driving on a suspended license, call our Sacramento suspended license lawyer today at (916)-913-1378.
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Can you get a DUI for driving on drugs?
Yes, Driving Under the Influence (DUI) does not only refer to driving under the influence of alcohol, it also refers to driving under the influence of drugs. In California, a drug DUI is charged under VC 23152(f). Call our expert Sacramento Drug DUI attorney today for a free consultation to discuss your case.
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What if I had a prescription for the drug(s) I took?
Legally, the fact that you may have had a prescription to take drug(s) is not a valid defense to a DUI in California courts.
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Will the DMV suspend my license if I’m arrested for a drug DUI?
Generally, no. The DMV does not administratively suspend the license of people who are arrested for a drug DUI, unless there is some other reason to suspend their license, such as also having alcohol in their system.
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What are Field Sobriety Tests (FSTs)?
Also known as the “Roadside Olympics,” FSTs are the tests that police officers put suspected DUI drivers through before they are potentially arrested. Law enforcement claims that these tests are designed to detect drivers who are driving under the influence. However, some experts believe that most of these tests are not actually accurate indicators of intoxication, due to how many confounding variables can be involved and the large possibility of confirmation bias on the part of the police.
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Do I have to do the Field Sobriety Tests (FSTs)?
NO. You have the absolute right NOT to participate in FSTs. In this attorney’s opinion, you should always exercise that right. The police are very skilled at making you believe that completing FSTs is beneficial, but that is almost never the case.
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What is a Preliminary Alcohol Screening test? Do I have to do it?
The Preliminary Alcohol Screening (“PAS”) test is usually the last Field Sobriety Test (“FST”) given to a suspected DUI driver before they are potentially arrested. According to the police, this test determines your Blood Alcohol Level (“BAC”). Like the other FSTs, you are NOT required to submit to a PAS test, a right which this attorney advises you should exercise.
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Do I have to submit to a chemical blood or breath test if I’m suspected of a DUI?
Yes. As a driver in California, if you are suspected of a DUI you must ultimately submit to a blood or evidential-grade (not PAS) breath test. This can be confusing, as you do NOT have to submit to FSTs (including the PAS test), but you DO have to submit to a blood or evidential-grade breath test. Simply put, if you are pulled over for a DUI, the only test that you are legally required to do is your choice of either a blood test or an evidential-grade breath test.
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Do I have to provide a statement if I’m pulled over for a DUI?
No. You have the absolute right to remain silent at all times. This attorney believes that it is generally beneficial to exercise that right in a DUI case.
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What happens if the police have to get a warrant to force me to do a blood draw?
Once equipped with a warrant signed by a judge, the police will then conduct a forced blood draw, which means that they can literally hold your body down with force while a nurse obtains your blood sample.
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What is the legal limit to drive in California?
Generally, .08% Blood Alcohol Level (“BAC”) is the per se legal limit to drink and drive in California under VC 23152(b). The limit is lower, at .04% BAC, for commercial license holders, and just .01% BAC for people under 21 or currently on DUI probation.
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If I’m under the legal limit, can I ever be arrested for a DUI of alcohol?
Yes, under VC23152(a), technically even if you are under a .08% BAC you can still get a DUI if law enforcement can show that because of your drinking, you were too impaired to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances.
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Has the legal limit always been .08% BAC?
No. Historically, the legal limit was higher. It was lowered over time. Always be sure to follow the current laws. Call our Sacramento DUI attorney if you have any questions.
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How many alcoholic drinks does it take to get to a .08% BAC?
The answer will vary based on a person’s body size and other factors, but an approximate answer for a person of average size is roughly four standard drinks.
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Does a DUI carry jail time?
Yes, all DUI cases carry the potential of jail time in California. Even for a first-time DUI, the maximum sentence is one year in jail.
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What is the typical punishment that someone receives for a DUI?
The typical punishment for a DUI is usually some amount of jail time or community service; probation; fines; license suspension; DUI classes; and two points on your driver’s license from the DMV, which usually increases insurance premiums.
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Is it possible to beat a DUI case completely?
Yes. A DUI case can be beaten completely if you are found not guilty at trial, or if the prosecutor dismisses the case. One circumstance in which prosecutors often dismiss a DUI case is when a defense attorney’s motion to suppress evidence is granted by a judge. To learn more, contact our experienced Sacramento DUI lawyer.
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What are some of the most common defenses to a DUI?
Some of the most common defenses to a DUI are illegal vehicle stop; warrantless entry to a home; drinking after driving; necessity; improperly administered or preserved chemical test; medical conditions mistaken for DUI symptoms; no volitional movement; and rising blood alcohol level.
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What is a wet reckless?
A wet reckless is a charge which is essentially a reduced version of a DUI, carrying less punishment. A wet reckless may be offered to people whose DUI was not as bad as the average. For example, perhaps someone whose blood alcohol level was just barely over the legal limit. To discuss your particular case, contact our expert Sacramento DUI lawyer.
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How long will my DUI case last in the court system?
The first court date is typically two to three months after the date of arrest. The first court date is called an arraignment. After arraignment, a DUI case may resolve immediately, or it can last over a year. It all depends on the particular case and the desired outcome of the client.
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How long will a DUI be on my DMV record?
A DUI will stay on your DMV record for 10 years.
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How long does a DUI last on my criminal record?
A DUI will stay on your criminal record for life, unless you are able to expunge it off your record.
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Will a DUI affect my insurance rates?
Yes, because a DUI conviction results in two points on your license, it will generally increase your insurance premiums.
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What does volitional movement mean in a DUI case?
In a California DUI case, the prosecutor must prove volitional movement, which means they must prove that you purposefully moved your vehicle any distance while you were drunk. Simply sitting in the driver’s seat with the engine on and the car in drive and your foot on the gas pedal is NOT volitional movement unless you actually moved the vehicle.
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Can the police arrest someone for a DUI committed on private property?
Yes, California DUI laws do apply on private property as well as public roads.
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Can my previous DUI conviction(s) be used against me to increase the punishment for my current DUI case?
Yes, if the previous DUI(s) occurred within 10 years of the current DUI case, they can dramatically increase the mandatory minimum jail time.
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What are the consequences for a repeat DUI offender?
As mentioned above, the law punishes repeat offenders more harshly than first-time offenders. They generally receive more jail time, longer probation, higher fines, lengthier DUI classes, lengthier license suspensions, etc.
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I think the police officer who arrested me lacked a valid reason to pull me over in the first place. What can be done?
Contact our DUI law firm about filing a motion to suppress evidence in your case. It will be up to the prosecution to prove that a valid reason existed to pull you over. Otherwise, your entire DUI case can get dismissed!
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Do I have the right to take my DUI case to trial?
Yes, you have the absolute right under the 6th Amendment to take your DUI case to a jury trial and have twelve ordinary members of the community decide whether or not you are guilty. At trial, you are presumed innocent unless proven guilty. The prosecution has the burden of proof beyond a reasonable doubt, and you can present witnesses or evidence of your own.
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Can I be punished for taking my case to trial?
Legally, no. Although practically speaking, yes, the judge can potentially impose more punishment if you are convicted at trial than you otherwise would have received had you pled guilty to the same crime before trial. Appellate courts have made it clear that this practice violates the Defendant’s right to go to trial and is illegal, although the practice persists unofficially in some courts.
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How is a DUI case proven in court?
Like other cases, a prosecutor will generally try to prove a DUI case using witness testimony, and other available evidence such as chemical test results, videos, pictures, 911 calls, etc. The defense can challenge the prosecution’s evidence and present evidence of their own.
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Do I have the right to testify at my DUI trial?
Yes, you have the absolute right to testify at your DUI trial if you wish. However, you also have the absolute right to remain silent if you wish, which means the prosecutor can NEVER call you to the witness stand nor comment on your silence during the trial.
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Should I fight my case or take a deal?
Each case is different, and the pros and cons of each option must be carefully weighed by you and your attorney. There is no one-size-fits-all approach.
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What do you recommend I do with my DUI case?
Contact our experienced Sacramento DUI attorney today at (916)-913-1378 to discuss the details of your case, and he would be happy to give you his honest opinion.