Driving under the influence of alcohol or any illegal substances is never a good idea. You are not just putting yourself in danger. Do not forget about your passengers, other drivers, and pedestrians – they are all at risk as well. Driving under the influence in the state of California is even worse, since the state applies some harsh legal penalties to DUI drivers.
When a person is charged with a DUI in California, there are two basic things that the prosecution will need to prove beyond any reasonable doubt. First of all, whether a person was actually driving under the influence of alcohol or drugs and second – whether his or her BAC (Blood Alcohol Content) was equal or surpassed the .08% threshold. While these two things may seem to be quite easy to prove, in truth, it is a whole lot more challenging.
First, the prosecution will need to prove that a person was actually operating the vehicle – driving it during the time of the accident – and while it may seem like the simplest task, it really is not. Of course, in some cases, the law enforcement officer was present at the scene and actually witnessed how the offender was operating the vehicle. In this case, the officer will be summoned to court to prove this. However, this is not always the case. At times, the law enforcement officers arrive on the scene after the accident took place and therefore cannot say for certain if the offender was actually operating the vehicle. They were called by witnesses who claim they may have seen how a person was operating the vehicle under the influence of alcohol. Of course, proving the driving factor will be a whole lot more challenging in such a case and both the defense and the prosecution could use this fact to their benefit.
The next thing that the prosecution will need to prove would be the fact that the offender was actually driving under the influence of alcohol or some kind of illegal substances, nd this is where things could get tricky. After all, under the California laws, driving under the influence may occur if a person’s mental and physical abilities are affected by alcohol or drugs in such a way that they are no longer capable of controlling their actions, make responsible decisions and act as a sober person would in the very same situation.
The prosecution will try and prove that you were under the influence of alcohol or illegal substances through the arresting officer’s testimony. He or she will tell the court about how you were operating the vehicle, how you acted on the road, and what your reaction was when you were pulled over. Furthermore, the arresting officer will elaborate more on your ability to answer his or her questions as well as to perform the field sobriety tests. Finally, the prosecution will also want to demonstrate the BAC test results that would indicate that your Blood Alcohol Content was equal or surpassed the .08% legal threshold.
Needless to say, every single DUI case is different and this is one of the many reasons why you should get in touch with a qualified, experienced Sacramento DUI attorney to ensure you are not be facing the harshest legal penalties. And these could be quite severe indeed – expensive fines, pricey insurance, mandatory alcohol or drug awareness classes, the need to perform community service, installation of an ignition interlock device in your vehicle, as well as time in county jail or even state prison, depending on how severe the offense was.
Only a professional Sacramento criminal attorney will have what it takes to approach every different case in an individual manner, taking into consideration all the factors and all the evidence, and using all the available facts to your favor. If you or your loved ones were charged with DUI and you are already doing your very best to ensure you get proper defense, we simply cannot help but recommend that you get in touch with the best lawyers out there as soon as possible, thus giving yourself a fighting chance at winning the case or at least minimizing the sentence.
Before you are going to get to the trial, you are going to go to the preliminary hearing. This basically implies that you are going the trial that will take place before the actual trial. During the time of that hearing, the judge will not be establishing if you are guilty or not. The preliminary hearing is meant to discover if there is enough evidence to go to the trial in the first place. The judge is going to use the so-called “probable cause” standards in order to determine if the case is eligible for the trial. There has to be enough evidence to present to the jury.
Hence, the judge will need to review all the evidence that is going to be provided by the prosecutor. It is the job of the prosecutor to demonstrate that there is evidence pointing out the need for the case to proceed to the trial. The prosecutor will be using all the available evidence, including witness testimonials, police reports as well as any available physical evidence too. On the other hand, your legal representative will need to prove that there is not enough evidence for the case to go to trial. Hence, the lawyer will be able to use witness reports as well, physical evidence and any other crucial facts. Needless to say, not every single case will go to the trial, especially in case that we are talking about a serious felony. There is also the possibility that the jury will resolve the matter and will decide whether the case will need to go to the trial. Finally, do not forget that a plea bargain may help you deal with the matter properly. A good plea bargain may be a better option indeed.
Sure enough, the rules of preliminary hearings may differ from state to state, but one thing is common for every single state – preliminary hearing offers the one of a kind possibility to get the case dismissed before it goes to trial. Therefore, in case that you are hoping to avoid going to trial and wish to minimize the legal damage, you will need to act quickly. This means that you will need to get in touch with a qualified as well as genuinely attorney at the earliest opportunity. A good lawyer will be able to get things done properly – he will know how to approach the judge, the prosecution and the jury if necessary.
Furthermore, avoid using the services of a state attorney – these guys simply do not have the time to devote to your case. A professional lawyer specializing in Sacramento DUI will be able to invest all of his efforts into the case and will make sure that he will do his best in order to get the case dismissed or reduce charges before the trial. He will use the preliminary hearing in order to make the most from your defense and will help you the most.
The long and hard day is finally over, so you are driving your car home dreaming about how you are going to fall asleep in your bed. You take a quick look in the rear view window. A police car is appearing from some distance. Of course, the very first thing that you are going to do is checking your speed. Well, nothing wrong here – you are not surpassing the allowed speed limit. Still, you do not want to leave the things to chance, so you put both hands on the wheel. You were not texting while driving, you have a hands free phone in the car. Everything seems to be fine, so there is absolutely no reason to worry about anything.
Yet, you have forgotten to fix the broken taillight and you only realize it when the police car start signaling you with flickering lights. While you are pulling over to the side of the road, you are trying to remember if everything is in order. Now where did you put your driver’s license again? Is the registration fresh? And what about the insurance? Then your heart starts pounding – you were drinking with your friends tonight. Of course, it was only a couple of beers, but you do not remember what is the legal alcohol limit in Sacramento, CA. You try to explain the situation to the law enforcement officers, but the only thing that they really trust is the breathalyzer. And it already indicates that you were actually drinking and your BAC (Blood Alcohol Content) surpasses the established .08% limit. Hence, the officers are acting in line with the law and arrest you for driving while impaired.
With that said, a lot of people believe that they are only going to be stopped for a DUI check in case they will be frantically driving their vehicles. Other individuals get goosebumps only if they hear about an approaching Sacramento DUI checkpoint. Truth be told – it is the little things that may well get you in trouble. Speeding, ignoring the stop signs and even broken taillights may well have you being pulled over by the law enforcement officers, who are consequently going to establish that you were drinking and will have you arrested for DUI.
No doubt, if you are arrested for DUI, you are going to panic. After all, even if it is your first DUI arrest, chances are, you already heard about the possible consequences as well as legal penalties that may well be waiting for you. We are, of course, talking about losing your driving privileges, having to pay expensive fees and fines, community service, alcohol awareness classes, installation of an ignition interlock device in your vehicle as well as even possible jail time in county jail.
One way or the other, the very first thing that you will want to do in case you were charged with driving under the influence of alcohol, is getting in touch with a qualified as well as genuinely experienced attorney. The matter is very serious and you will require expert advice on this one.
There are some things that really matter in cases like this. First of all, you will need to understand whether or not you were legally pulled over. Did the law enforcement officers have the right to stop you? Did they have a reason to? In case there was no reason to pull you over and the law enforcement officers did so nonetheless, any evidence accumulated during this arrest will not be viable in court.
Once you are pulled over and if the officer has reasons to believe that you were drinking, he or she will ask you to step out of the vehicle. This is when the officer is going to be looking for any signs of alcohol intoxication. We are talking about things like unfocused eye contact, slurred speech and so on. The officer may also ask you to submit yourself to the sobriety tests.
It is very important to know that in California, unlike in many other states, in case the law enforcement officer would like you to take the breathalyzer test, it is obligatory for you to submit it or you will have to go to the police station. This is due to the fact that in California you are automatically agreeing to submitting to such tests when you are getting your driver's license. Hence, in case you will refuse, you may lose your license for up to seven months. Furthermore, if it is your second DUI offense and you refused to take the test, your license will be suspended for up to a year.
First time DUI offenders risk having to pay up to $1000 in fines, losing their license for up to 3 months and even having to spend up to 30 days in jail. In addition, there are certain additional fees as well and you may end up paying a lot more.
One way or the other, if you were charged with DUI, you will need to find an experienced lawyer, who had to deal with cases like this one before and who will know how to handle the judge and the prosecutor. Hence, it will be your number one priority to find a great attorney to represent you in court of law.
If you were arrested and charged with drunk driving in Sacramento, Sacramento DUI Specialists will help. Contact Sacramento Drunk Driving Attorney for your free case evaluation.
Needless to say, driving under the influence of alcohol is a crime against humanity. This is when a person is knowingly and willingly gets behind the wheel, while his or her mental or physical condition is impaired by alcohol or illegal substances. Even though the official DUI statistics clearly demonstrate a significant rise in DUI crime every year, perhaps some of potential DUI offenders will sober up a bit after learning some of the facts behind the DUI statistics. Hence, check out the following information and make an informed decision next time you will drink and decide to drive your vehicle:
Lots of people consider that DUI is actually a minor crime and that the law enforcement authorities are going to treat it as such. Well, this is where they are wrong – the police is very unforgiving when it comes to the DUI offenders, due to the ever rising number of Sacramento DUI accidents on the roads all over the nation.
With that said, getting behind the wheel while being intoxicated is a very bad idea to begin with. Such a driver is going to pose a real threat to all the drivers around him, his passengers as well as the pedestrians. However, this does not stop some people from committing the crime. Well, perhaps some more information on the possible Sacramento DUI consequences will sober some people up.
The very first thing that the arresting officer is going to do after he or she will establish that you were in fact driving under the influence of alcohol, is taking your driving license from you. Now, granted, you are going to receive a special temporary permit that will allow you to operate the vehicle for 30 more days. However, after the 30 days had passed, your actual driver’s license is going to be revoked. In case you wish to argue with this decision, you will have to initiate an administrative DMV hearing. Still, you will have to hurry up – the hearing will need to be initiated within 10 days after the accident or else you are going to lose your chance to restore the driver’s license.
Nevertheless, losing driving privileges is not the only penalty that you will be facing and it is not the worst one yet. Depending on the circumstances of the crime, you will have to pay expensive fines – thousands upon thousands of dollars. In addition, do not forget that community service is also a very common penalty for DUI criminal and this implies that you are going to be spending hundreds of hours performing unpaid labor. Furthermore, you will have to acquire the new insurance, which is specifically designed for high-risk drivers. The SR22 insurance is very expensive and will cost you nearly three times as much as the usual one. An ignition interlock device may be installed inside your car so as to prevent DUI accidents in the future – the device will block the ignition in case it will determine that your BAC (Blood Alcohol Content) is above the standard limits.
Finally, there is always a chance that you will be sentenced to county jail or state prison and you will have to spend a lot of time behind bars. One way or the other, it is obvious that the possible Sacramento DUI consequences are far from being pleasant, but if you or your loved ones found yourselves charged with DUI, the best thing to do would be hiring a qualified as well as genuinely experienced Sacramento DUI lawyer at the earliest opportunity in order to handle your legal matters properly.
An Ignition Interlock Device (IID) is a special kind of tool that is connected to your vehicle’s ignition. This tool is used as a safety precaution for convicted DUI criminals, who had their driving privileges reinstated. It works in the following way – if you wish to start your car, you will first need to submit yourself to a breath test. If the device will to determine that your BAC equals or surpasses .05%, the car will not start and you will not be able to go anywhere.
If it is your first DUI offense and your BAC was lower than 0.15%, it is up to the judge to decide whether or not you need to have an ignition interlock device installed inside your vehicle once your driving privileges are restored. The device is going to remain in your car for up to a year. However, if your BAC was above 0.15%, the installation of the Ignition Interlock Device is mandatory. It will be installed in your car while your driver’s license is suspended and will remain there for up to one year after the license was restored.
If it was your second or even third DUI conviction, the ignition interlock device is a mandatory requirement. It is going to remain inside your vehicle for up to three years after your driving privileges were restored. The DMV is going to notify you about the suspension of your license and further instruction, which will allow you to get the device. However, if you refused to install the device or ignored the notice completely, you will risk losing your driver’s license for an additional year.
Installation of an Ignition Interlock Device is not the harshest penalty for driving under the influence of alcohol. In fact, it is rather minor comparing to other legal penalties that you risk getting for a DUI. If you wish to minimize the legal damage and the negative impact these penalties are going to have on your day to day living, it is best to get in touch with a Sacramento DUI lawyer asap.
There are several things that the prosecution will have to prove in court in order to get you convicted for DUI. All elements should be indicating that you were in fact driving the vehicle under the influence of alcohol or illegal substances. It is the job of the prosecutor to make sure you are convicted for the crime and it is the job of a qualified and experienced Sacramento DUI lawyer to demonstrate that certain elements do not fit into this picture.
With that said, first of all, the prosecution will need to prove that your BAC (Blood Alcohol Concentration) was above .08%. It can be demonstrated through blood tests or via the breathalyzer. However, if you were charged with driving under the influence of illegal substances (drugs), there are certain blood and urine tests that will be taken into consideration. The law enforcement officer may use the field sobriety tests as enough reason to take you into custody, but these tests are not always reliable. The DUI attorney is going to verify their results thoroughly in order to exclude any mistakes.
Furthermore, it has to be proven that you were actually operating the motor vehicle. It is enough for you to be inside the vehicle with your keys in the ignition to consider that you were operating it. In addition, your vehicle must be in condition to drive. In order for the court to convict you, it must be proven that your car was functioning properly. Finally, it is also has to be proven that you were in a public spot, which means pretty much any place that the public has access to and any place with lots of people, which includes hospital grounds, school ground and so on.
If the prosecution has all these facts lined up against you, it is crucial to have a good Sacramento DUI attorney by your side. Remember – you must tell the truth to your legal representative, never lie, no matter how ashamed you may be – after all, you do not want any surprised to appear in court. A good lawyer is going to review all the evidence against you and will use it in order to come up with a solid legal defense strategy. Professional Sacramento DUI attorney will do his best to make sure your sentence is minimized or the case is dismissed.
No one is perfect and we all make mistakes – it is in our nature. However, what is utmost important is not letting our mistakes ruin our lives as a whole. For instance, drinking alcohol and getting behind the wheel is never a good idea – especially when you are a minor, under 21 years of age.
With that said, there is a Zero Tolerance law in Texas when it comes to minors and DUI (driving under the influence of alcohol or illegal substance). See, for an adult to be charged with a DUI, his or her BAC (blood alcohol concentration) should be equal or surpassing the 0.08%. However, if it is a minor under 21 years of age, no matter how much alcohol there is in the blood, he or she is going to be taken into custody.
It is important to understand that drinking alcohol when you are under 21 years of age is illegal, let alone getting behind the wheel while you are drunk. As for legal penalties, even though the crime is classified as a Class C misdemeanor, the minor is still going to need to pay an expensive fine, perform some community services and even attend alcohol awareness classes. Furthermore, the crime is going to appear on the person’s public records. This may get him or her expelled from school or college and it will be difficult to find a decent job with these records. Losing driving privileges for 2 months is also a painful penalty.
In order to minimize the impact of above mentioned penalties, it is crucial to hire a professional Sacramento DUI attorney, who will use his knowledge and expertise to help you fight the verdict. Experienced Sacramento DUI lawyer will do his very best to clean your records and to make sure they will not be available to the public.
Being accused of driving under the influence of alcohol or any illegal substances is very serious for pretty much anyone. Even if it is your first time DUI offense and it is deemed as a Class B misdemeanor, you will still have to face some serious legal consequences. After all, you can easily lose your driving privileges (your license will be taken from you by the arresting officer on the scene) and have to pay expensive fines (thousands of dollars from your pocket). The judge may also find it necessary for you to attend mandatory alcohol or drug awareness classes (you will have to pay for those from your own pocket) or perform community service (meaning hundreds of hours of unpaid labor).
Sure enough, most of us will do our best to avoid such harsh penalties. If that is the case, the best course of action would be to come up with a proper offense strategy rather a defensive one. Now, it is crucial to understand that you must not rely on your own skills when it comes to court – you must not deal with the judge and the prosecutor on your own. You may risk losing every advantage you have. Furthermore, hiring a public lawyer may also not be a good idea. Do not get us wrong – public defenders in their majority are great specialists, but they simply do not have enough time to help you.
Hence, if you or your loved ones were charged with a DUI offense, the very best thing to do would be to hire a professional as well as genuinely experienced legal representative, who is not going to let you down. So where are you going to find him? Well, there is a number of options. Yellow Pages is one, but do not forget about all the possibilities of the World Wide Web. That is right – you will be able to read more about a law firm, its reputation, go through all available client testimonials.
Set up a meeting (initial consultation is free of charge in majority of firms) and ask the attorney if he had any success in cases like this in the past. The Sacramento DUI lawyer will have to be honest with you – he should not promise 100% results, because it is a sign of unprofessional lawyer. Use the consultation to your benefit and find the best Sacramento DUI attorney for you.
The Sacramento DUI attorneys publish a new article on their blog with an objective to educate people about drunk driving and its harsh legal consequences. Attorney Kevin Spade intends to educate people about drunk driving. The Sacramento DUI attorney maintains that drunk driving doesn’t only involve driving under the influence of alcohol alone. There are several types of illegal substances or drugs that can intoxicate a driver and when found under the influence of such substances, he or she could be arrested by the law enforcing agencies of California. This is the reason why one should avoid driving when in an inebriated condition or intoxicated due to taking any drug.
According to the attorney, when someone is caught driving under the influence of alcohol or some drug, he/she risks facing serious charges. The law enforcement officer can even search the vehicle to discover traces of any illegal substance to label additional charges against the driver. The possession of drug or any contraband may aggravate the gravity of an offense, and the accused needs a strong defense system to avoid conviction. According to The Sacramento DUI Specialists, people should not only avoid driving in an inebriated condition, but also avoid possessing any contraband or an illegal substance.
The article also lists out the legal consequences that one may have to face when caught under the DUI law of California. One of the most common penalties includes the seizure of the driver’s license. The law enforcing officer may take the license and the accused may get a temporary permit to drive a vehicle for 30 more days. Besides, one may have to pay expensive fines for any damage caused by the person due to his/her drunk driving. At the same time, one will have to pay for court fees as well.
Sacramento DUI lawyer Kevin Spade maintains that they can provide the best Sacramento criminal defense in DUI cases, but people should avoid driving under the influence of alcohol or any drug. His article could be an eye-opener for all those who risk their own and other’s lives on the road by driving a vehicle in an intoxicated condition.