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.
The knowledge of a specialized DUI attorney is extremely important for your case and life. You should consult with an attorney and learn about his or her expertise and knowledge in DUI cases. Do not pick an attorney strictly by price. The cheapest attorney may not be the best one and neither may the most expensive one be. Talk to the attorney directly and find out who cares about your case. Choose an attorney you are comfortable with. Your Sacramento DUI lawyer has the experience to investigate your arrest, represent you at all your court appearances as well as negotiate with the judge and prosecution to get your charges reduced or dismissed.
Once arrested for a DUI, your driver’s license will be confiscated and you will be issued a temporary driving permit. You will then have ten days to schedule a hearing with the California DMV so you can have the opportunity to challenge your license suspension. If you fail to schedule within ten days, you will automatically lose your drivers license for up to one year. At your arraignment, the first time you appear in court for your criminal case, you will need to enter your plea of either “guilty,” “not guilty,” or “no contest” to driving under the influence.
If you plea “guilty” or “no contest” your case ends and the judge will immediately impose a sentence. If you please “not guilty” the judge will set a future court date where your case will be tried before a judge and jury. Even if you do not think you can win your case, you shouldn’t assume that you would be found guilty. A skilled Sacramento DUI attorney will be able to increase your chances of success.
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FIELD SOBRIETY TEST
A police officer can pull over any vehicle the driver of which he has reasonable suspicion to believe is intoxicated. After the driver is pulled over the officer may conduct a field sobriety test. The driver will be required to perform simple physical and cognitive test to determine whether or not the driver is intoxicated.
The standardized field sobriety test is preformed under the guidelines of the National Highway Traffic and Safety, which were established to make tests more accurate. However officer may also perform the non-standardized field test.
The standardized field sobriety test includes:
- walk and turn around
- the one leg stand, and
- the horizontal gaze nystagmus test.
The first two are self explanatory. During the horizontal gaze nystagmus test the officer will ask you to follow a small object such as a pen or penlight in his hand just with your eyes without moving your head. The officers are looking for three main clues to determine intoxication:
inability to smoothly follow the object with your eyes (they jerk rather than follow smoothly)
pronounced nystagmus when your eyes are all the way to the side (the pupils keep jerking); and
the onset of nystagmus prior to reaching 45 degrees
If you fail four out of six tries, you will be listed as “failed the test” and arrested.
The non-standardized field sobriety test include:
- counting the number of fingers the officer raises
- count backward
- reciting the alphabet or any portion
- stand with feet together and tip your head backwards
- fighter to nose test, just to name a few.
Both the standardized and non-standardized testing are quite subjective. Since the police officer already suspects you of being intoxicated that may reflect on your test results. 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 Sacramento DUI lawyer.
DUI LAWYER IN SACRAMENTO
When a driver is suspected of driving a vehicle while intoxicated he or she will be subjected to the field sobriety test. However, the officers also use some of the latest technology devices to determine your blood alcohol concentration or BAC.
Because drawing blood on the side of the road or in a parking lot is not a practical, efficient or safe, peace officers us other means. Breathalyzer test is just one of those and most commonly used test.
The mechanics of the breathalyzer are simple. After drinking and absorbed by the body, alcohol is pumped throughout your body and reaches all major organs including your brain (hence the feeling of euphoria), and your lungs.
Because alcohol is easily evaporable, while blood containing alcohol goes through lungs it evaporates and the concentration of alcohol your lungs exhale is related to concentration of alcohol in your body. The ration of alcohol your lungs exhale to blood alcohol is 2,100:1.
There are three types of devices the office might use:
- Intoxilyzer, or
The these devices determine BAC are different, they are not always accurate. For example, anything that has alcohol may increase the Breathalyzer reading. Anything from mouthwash, to chewing gun, mints and energy drinks may affect the reading. Further, Breathalyzers must be adjusted for accuracy at least once every 12 months. This process is called calibration. Depending on individual usage of the unit, calibration may be required more frequently. Things such as eating less than 20 minutes before blowing into a breathalyzer, can damage it and require immediate recalibration. The damaged or improperly calibrated machines can result in a faulty ready and show a BAC that is 20% higher than it actually is.
If you have been arrested and charged with a DUI it is important to discuss your case with an experienced Sacramento DUI defense lawyer. Protect your rights and improve your chances of obtaining a favorable outcome for your case, contact our office today.
DUI ATTORNEY IN SACRAMENTO
FACTORS AFFECTING BAC LEVELS
Ingested alcohol absorbs at a slower pace in the stomach than the small intestine. The length of time alcohol remains in the stomach depends on the beverage consumed, presence of food, biological factors and stress. When alcohol lingers in the stomach, intoxication is less likely to occur because the enzymes and bacteria continuously metabolize alcohol before it is absorbed into the bloodstream.
There are numerous factors that affect BAC levels. The most obvious is alcohol potency. To calculate the percentage of alcohol, divide the alcohol proof by 2. Many people underestimate BAC levels because they consume beverages with a higher alcohol content.
Another distortion is the amount of alcohol in a drink, especially mixed drinks, which frequently contain more than one shot of booze. In addition, the size of the drink can affect estimated BAC levels. Using mugs of beer, a large wine glass, or an oversized shot glass can mislead drinkers into consuming more alcohol than expected.
When estimating BAC levels, consider the amount of food consumed and the time between eating and drinking. This will impact the speed at which alcohol is absorbed into the bloodstream. Alcohol consumed during or after a meal will absorb into the bloodstream at a slower pace; conversely, drinking on an empty stomach leads to rapid alcohol absorption.
If you have been arrested and charged with a DUI contact our office today 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 Sacramento DUI defense attorney at the Law Offices of Alin Cintean.
SACRAMENTO DUI DEFENSE LAWYER
FACTORS INFLUENCING TEST RESULTS
Since field sobriety tests are highly subjective, it is important for motorists to realize that many factors can affect an individual’s performance, such as emotional or physical conditions, rigorous testing conditions, officer bias, or the inherit difficulty to the average person.
Physical Tests – On the physical field sobriety tests, numerous factors can cause imbalance:
- weather conditions—wind, extreme temperatures or a slippery surface;
- defendant’s shoes, especially the height and shape, or material of the sole;
- old age, arthritis, physical injuries or defects;
- illness, common cold, sinus or ear infection; and
- emotional conditions, such as nervousness, anger, or other factors that inhibit concentration.
Caffeine – Interestingly enough, caffeine has an adverse effect on test results. The combination of alcohol and caffeine has a greater impact on muscular coordination and accurate timing. Even minor amounts of alcohol combined with caffeine can cause a defendant to fail the field sobriety tests.
Biological Clock – Another contributing factor is the circadian rhythm, which involves the 24-hour biological clocks in humans. Persons are more likely to perform poorly on field sobriety tests at midnight or early morning. Similarly, a person experiencing jet lag will perform the tests less adeptly than usual.
If you have been arrested and charged with a DUI contact our office today 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 in Sacramento at the Law Offices of Alin Cintean.
SACRAMENTO DUI DEFENSE ATTORNEY
If you are arrested for you fourth DUI and/or a DUI that led to an accident with injuries, your DUI charge will be a felony.
The consequences of a felony DUI vary from jurisdiction to jurisdiction and can include:
- 1 to 3 years in a state prison;
- mandated court-approved alcohol and/or drunk education program;
- court fines and penalties;
- restitution penalties to the injured party;
- 4 to 10 years of driver’s license suspension.
The most common opening offer by the prosecution for the 4th DUI arrest is 2 year prison term. Without an experienced attorney by your side that is the bargain plead you will receive. An experienced Sacramento DUI lawyer can negotiate a bargain plea that would allow a client to serve time on House Arrest/Electronic Monitoring.
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 lawyer in Sacramento at the Law Offices of Alin Cintean.