Category: DUI

DUI

DUI & TESLA AUTOPILOT MODE

SACRAMENTO CRIMINAL ATTORNEY

Sacramento Criminal Attorney

Can I get arrested for a DUI if I am driving Tesla in Autopilot Mode?

It is no secret that driving under the influence of alcohol or any other intoxicating substance is illegal. Generally, if you get caught driving under the influence of alcohol, you may be charged pursuant to Vehicle Code section 23152(a) VC, and driving with a blood alcohol concentration (BAC) of 0.08% or higher per Vehicle Code section 23152(b) VC.

So the question arises, whether you can still get a DUI conviction of you get caught driving Tesla in autopilot mode. Some may argue that the autopilot is engaged and the intoxicated individual is technically not driving the vehicle. However, this argument fails. Continue reading “DUI & TESLA AUTOPILOT MODE”

DUI DEFENSE

Sacramento DUI Attorney
AFTER DUI ARREST

Thinking about the aftermath of a DUI is extremely overwhelming but eventually, the intense feelings will subside and its important you act correctly to make sure your situation gets better. As soon as you are arrested for a DUI, act promptly. Do not fall into the trap of inaction, as that will exacerbate the stress. As soon as you are arrested for a DUI, the DMV and the court will take serious action against you.

To properly respond, it’s important you seek an attorney to lessen the worry to a manageable level. Immediately after a person is arrested, he or she will be kept in police custody, either at the police station or in county jail.

Most people arrested for DUI are eligible for release either by posting bail or on their own recognizance by submitting a written promise to appear in court at a later date. If a person you know is eligible for release on bail, you have two options: you can bail the amount yourself or you can obtain a bail bond from a licensed bail bond agent. After release, you should immediately seek a lawyer as it can significantly affect your chances of success. Continue reading “DUI DEFENSE”

GETTING YOUR FIRST DUI

SACRAMENTO DUI ATTORNEY

Sacramento DUI Attorney

YOUR FIRST DUI CHARGE

DUI arrests continue to increase in frequency across the US as a whole and particularly in the state of California. With the increase in arrests, state and local governments have continued to increase the severity of punishments and a conviction will cost the average defendant in ways they may have never imagined. Aside from the serious government imposed penalties, DUI arrests place the accused under immense stress and can cause individuals to lose their jobs, standing in the community, and stability at home. Understanding your unique situation is critical to obtaining a favorable outcome, and based on the charges and your background, there are different sections of the California Vehicle Code that will apply.

Driving under the influence is a serious crime with some harsh penalties. Contact a Sacramento 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.

  1. The first is that the officer who arrested you must have had probable cause to stop you, like speeding or running a red light for example.
  2. Second, you must have violated California’s DUI laws by driving with an illegal blood alcohol content (BAC) of .08 or refused to perform a chemical test.
  3. Lastly, the arrest must have been lawful. If all three of these are not met, the charges against you should be dismissed.

Continue reading “GETTING YOUR FIRST DUI”

FIELD SOBRIETY TESTS & DUI ARREST

DUI Attorney in Sacramento

Non-standardized Field Sobriety Tests

Besides the NHTSA sponsored tests, other physical and verbal field sobriety tests are used to measure intoxication. Physical performance tests measure balance, while verbal tests measure mental acuity. Although officers typically administer the NHTSA field sobriety tests, sometimes nontraditional tests are used to supplement the standardized tests.

Physical Tests

There are several physical performance field sobriety tests that measure coordination. For example, standing at attention for 30 seconds to monitor body sway. The test is unreliable because studies show that drinking does not significantly affect body sway until nearly three hours after the cessation of drinking. Another example is picking up coins from the ground. This measures eye-hand coordination and balance. Other tests can include rapidly touching the thumb to the tip of each finger on the same hand, or patting the palm of one hand with the palm and back of the other. Continue reading “FIELD SOBRIETY TESTS & DUI ARREST”

DUI CONVICTIONS FOR UNDERAGE DRIVERS

DUI Attorney in Sacramento

DUI Attorney in Sacramento Explains DUI’s For Those Under the Age of 21

Getting a DUI is a serious matter which should be discussed with a DUI attorney in Sacramento immediately. There are two main laws that cover underage DUIs in California:

Vehicle Code 23136 VC

This is known as the “zero tolerance” law for underage DUI. This law states that anyone under the age of 21 that drives with a blood alcohol content (BAC) of 0.01% or greater is in violation of the law and may face a one-year suspension of their driver’s license.

This law is not only limited to alcoholic beverages and includes any sources that include alcohol, including medications. Continue reading “DUI CONVICTIONS FOR UNDERAGE DRIVERS”

COMMON DUI MYTHS

DUI Attorney In Sacramento

DUI Attorney in Sacramento Explains Common DUI Myths

There are a lot of misconceptions regarding DUI laws in the state of California. It is important to take everything a friend or acquaintance tells you about DUI laws with a hint of skepticism and contact a DUI attorney in Sacramento instead. It’s very important to understand the actual laws and policies so you can protect yourself if you’re in the unfortunate circumstance where these rules are relevant. Below this article aims to clear up some common misconceptions or myths about getting a DUI in California. Continue reading “COMMON DUI MYTHS”

CONSEQUENCES OF MULTIPLE DUI ARRESTS IN ONE YEAR

DUI Attorney in Sacramento

DUI Attorney in Sacramento Discusses the Consequences of Multiple DUI Arrests in One Year

Driving under the influence of drugs or alcohol is a very serious conviction. The consequences associated with this conviction increase in severity with the increase in DUIs incidents. There are minimum and maximum sentences for each conviction. Judges consider the specific circumstances and other factors surrounding a DUI when deciding the exact sentencing. If you have been convicted of another DUI in the same year, make sure to speak to a DUI attorney in Sacramento.

Most drunk driving incidents are prosecuted as misdemeanors but a DUI may be considered a felony if someone is injured or if you have already had four or more DUIs. Courts consider the past 10 years as a “lookback” period. Any DUI’s that occurred before that period are not taken into consideration. Continue reading “CONSEQUENCES OF MULTIPLE DUI ARRESTS IN ONE YEAR”

DUI: LEAVING THE SCENE

If you’ve been involved in a car accident, there are important things you must do immediately after. One of the most important responsibilities is to stay at the scene of the accident until all information is exchanged and you are cleared to leave.

You are obligated by California law to stop if you are involved in an accident. You are also required to locate the owner of the other vehicle and exchange documentation (insurance, registration, etc). If no one is with the vehicle, leave a note with your information on it. Immediately after, follow a police report. If you fail to do so, you may be charged with leaving the scene of the accident. There are many reasons why you may have left the scene so it is important you contact an experienced Sacramento DUI attorney who can help you with your case specifically. Continue reading “DUI: LEAVING THE SCENE”

DUI: DRIVER’S LICENSE RESTORATION

If you are convicted of a single DUI, the court will suspend your driving privilege for 6 months and require to you to complete a DUI program prior to your license being reinstated. You need to contact an experienced Sacramento DUI lawyer to protect your rights.

The arresting police officer is required to forward a copy of the completed notice of suspensions or revocation form and any driver license taken into possession, with a sworn report to the DMV. The DMV will then conduct an administrative review and if the suspension or revocation is upheld during this time, you may request a hearing to contest the suspensions or revocation. You have the right to request a hearing from the DMV within 10 days of receipt of the suspension or revocation order. If the review shows there is no basis for the suspension or revocation, the action will be set aside and you will be notified.

Continue reading “DUI: DRIVER’S LICENSE RESTORATION”

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”