Experienced DUI Defense Attorneys Serving Sacramento and the Surrounding Areas

Driving under the influence is a serious crime in the state of California, potentially resulting in extremely severe criminal penalties. If you are convicted, you could be facing fines, probation, community service, mandatory counseling, and even jail time – all for a first-time offense.

For this reason, if you have been charged with driving under the influence (DUI), you should speak to an attorney as soon as you can. The experienced Sacramento DUI defense lawyers at The Law Offices of David S. Chesley may be able to assist you with asserting a defense to your charge or negotiating for a plea deal on your behalf.  To schedule a free case evaluation with one of our attorneys, call our office today or send us an email through our online contact form.

DUI Limits

In the State of California, it is illegal to operate a motor vehicle if your blood alcohol concentration (BAC) meets or exceeds a certain level. These BAC limits include the following:

• A person 21 years of age or more who is operating a passenger vehicle must not have a BAC of 0.08 percent or higher.
• A person who is operating a commercial vehicle must not have a BAC of 0.04 percent or higher. This includes a commercial box truck, tractor-trailer, or other similar vehicle.
• A person who is under the age of 21 may not operate a motor vehicle with a BAC of 0.01 percent or higher.

In addition to alcohol, the DUI laws in California also apply to medications. Specifically, an individual may not operate a motor vehicle if he or she consumed illegal drugs or excessive drugs which have alcohol in them (such as some cough medicines), certain prescription medications, and certain over-the-counter medications.

When a driver is convicted of DUI in the State of California, that DUI will remain on the driver’s record for a period of ten years. In addition, a DUI conviction will remain on your criminal record indefinitely, potentially making it difficult to get a job, gain admission into a college or university, or even rent an apartment.

Penalties in DUI Cases

Not all DUI charges are the same, and the penalties imposed upon conviction depend upon a variety of different factors. Depending upon the offender’s license type, age, and prior history of convictions, the potential penalties may include administrative license suspensions, fines, criminal license suspensions, community service, jail time, driver improvement school, and required installation of an ignition interlock device on the driver’s vehicle.

Administrative Penalties

Administrative driving penalties usually come into play when a police officer confiscates the offending driver’s license after he or she refuses or fails to undergo chemical testing. The California Department of Motor Vehicles is responsible for confiscating the license, and this administrative suspension comes in addition to any other criminal fines and penalties imposed under California DUI law. Once the police officer issues a temporary license at the scene, the DMV will typically review the police officer’s report and may set aside the suspension. If the DMV does not set aside the suspension, the driver may request an administrative hearing within ten days after he or she receives the order of suspension. For this reason, it’s critical for anyone facing a license suspension to speak to a DUI defense attorney in Sacramento as soon as they can.

You may face harsher administrative penalties if you refuse to submit to a chemical test once a police officer pulls you over for suspected drunk driving. For a first offense, your license can be suspended for one year. Following a second offense, your license can be revoked for two years. Following a third offense, your license may be revoked for three years.

DUI Criminal Penalties

The State of California takes DUI offenses very seriously. Consequently, the penalties upon conviction for a DUI offense can be extremely harsh. Defendants who are under the age of 21 at the time of their arrest may face two kinds of charges:  alcohol possession and violation of California’s Zero Tolerance Law.

Individuals who are under the age of 21 at the time of their arrest may not possess alcohol in a motor vehicle unless the container is sealed, full, and unopened. The driver must also be accompanied by a legal guardian or parent – or must be employed by a person who possesses an off-site liquor license. A person under the age of 21 who violates this law is subject to the following potential penalties upon conviction:

• A maximum monetary fine of $1,000
• Vehicle impoundment for a period of 30 days
• License suspension for a period of one year

Drivers who are under 21 years of age at the time of their arrest are also subject to the State of California’s Zero Tolerance Law. According to this law, a driver under the age of 21 must not be found to have a BAC of 0.01 percent or higher. The first time the driver is arrested, he or she can receive a one-year administrative driver’s license suspension, mandatory attendance at DUI school, criminal charges, and large monetary fines. The administrative suspension period depends upon whether or not the driver underwent a chemical DUI test.

Convicted DUI drivers who are 21 years of age or older also face significant potential penalties. First-time DUI offenders can receive:

• An immediate administrative driver’s license suspension for a minimum of four months
• A maximum of six months’ incarceration
• A maximum of $1,000 in monetary fines
• A fee of $125 for the reinstatement of their license
• Mandatory installation of an ignition interlock device in the vehicle
• Required attendance at a DUI program

Second and subsequent DUI offenders in California are subject to even harsher criminal penalties, translating into heftier fines and longer jail sentences. For example, if a driver sustains a second or subsequent DUI offense within a ten-year period, the license revocation or suspension could last a minimum of one year.

Commercial drivers, including drivers of big rigs and tractor-trailers who drive for a living, are held to an even higher standard in DUI cases. A commercial driver who is operating a commercial vehicle with a BAC of 0.04 percent or more will likely receive a one-year license suspension for the first offense and a permanent license suspension for a second or subsequent offense that occurs in a ten-year period.

If you have been charged with drunk driving, the skilled Sacramento DUI defense lawyers at The Law Offices of David S. Chesley may be able to recommend a charge reduction or plea deal to the prosecutor in your criminal case. This could involve reducing the DUI charge down to a reckless driving charge, for example.

Ignition Interlock Devices

In many DUI cases, sentencing judges will require that the defendant driver obtain and place an ignition interlock device (IID) in his or her vehicle for a required period of time. These devices are expensive and time-consuming – both in terms of installation and use.

Once the device is installed in the defendant’s vehicle, the defendant must blow into the device prior to starting his or her vehicle. If the device detects any alcohol on the driver’s breath, the vehicle will not start.

Contact Us Today to Speak with a Sacramento DUI Defense Attorney

If you are facing DUI charges in California, you want a lawyer on your side who can help to alleviate the disruption and potential consequences to your life brought on by a conviction. The legal team at The Law Offices of David S. Chesley can meet with you and develop a strategy to do just that. To schedule a free consultation and case evaluation with a DUI defense lawyer in Sacramento, call us today or contact us online.