Arrested for DUI in the Sacramento Area?

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    Arrested for DUI in the Sacramento Area?

    Let My Family Help You. Free Initial Consultations.

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      What Can Our Experienced Attorneys    Do For You?  

      Blood tests can be inaccurate. We retest when appropriate.

      We request a DUI hearing to preserve your license.

      We challenge improper police stops and arrests.

      What Can Our Experienced Attorneys

        Do For You?  

      Blood tests can be inaccurate. We retest samples when appropriate.

      We request a DUI hearing to preserve your license.

      We challenge improper police stops and arrests.

      Sacramento DUI Attorney

      Accused of a DUI in the Sacramento area?

      If you have been accused of a DUI in the Sacramento area or elsewhere in California, the attorneys at the Wyatt Law Corporation offer a free initial consultation to review your options. Keep in mind that you have 10 days to request a DMV hearing to reinstate your license.  We will take care of scheduling the DMV hearing for you and then we’ll review your options to contest your DUI.

      Unlike a traffic violation, a DUI is a criminal offense. It’s charged either as a lesser misdemeanor or a more serious felony depending upon the circumstances. Because a DUI is a criminal offense, it will stay on your record for life and will affect you in many ways. For example, it will show up in a background check when you are applying for jobs or a professional license.

      For this reason, we recommend that you give us a call so we can discuss your options. While not all DUIs are worth fighting, most are and our attorneys have been successful in many situations.

      What are the Penalties for DUI in Sacramento?

      Penalties for DUI in the State of California can vary based on the number of previous DUI convictions on your record and more. The law recognizes that there may be extenuating circumstances surrounding your DUI charge, but there may also be aggravating circumstances with stiffer penalties. Remember that you are innocent until proven guilty. Therefore these penalties may not apply to you. We will fight to get your charges eliminated or reduced.

      Aggravating factors include:

      • Prior DUI convictions
      • Having a BAC of .15 or higher
      • The DUI accident resulted in property damage
      • Someone was injured in a DUI accident
      • Someone was killed in a DUI accident
      • There were minors in the vehicle at the time of the DUI
      • Refusing to submit to a chemical test

      If these aggravating factors are present, you can expect to face more severe DUI charges.

      What are the Penalties for a Sacramento First-Time DUI?

      You can be convicted of DUI in California for having a blood alcohol content (BAC) of over .08. Unlike other crimes, you can face penalties simply for being charged with DUI in California. These are not criminal penalties, but administrative penalties that are handed down by the Department of Motor Vehicles.

      There are two categories of penalties for DUI, administrative penalties and criminal penalties. Criminal penalties will not be levied against you unless you are convicted of DUI. Administrative penalties do not require a conviction. We will discuss this in more detail later.

      Administrative Penalties for First-Time DUI

      If you are arrested for DUI and the arresting agency establishes that you have a BAC of over .08, the arresting agency will confiscate your driver’s license and issue an “order of suspension/revocation.” You will be issued a second temporary license that is only good for 30 days. Once the temporary license expires, the order of suspension goes into effect. You will have 10 days from the issuing of the order of suspension to fight the suspension by asking for a hearing.

      You may also be able to apply for a restricted license which permits you to perform necessary tasks such as driving to and from work. First-time offenders can generally choose between a restricted license for 12 months which requires an interlock ignition device or a six-month requirement after license reinstatement for an IID.

      IIDs are basically breathalyzers that are attached to your vehicle and will not start if you have any alcohol on your breath.

      Criminal Penalties for First-Time DUI

       DUI is considered a misdemeanor in California. Those convicted will face penalties ranging from $390 to $1,000. There may also be penalty assessments that cost several thousand more dollars on top of the base fine. Judges may sentence you to anywhere between two days and six months in jail. You can also be placed on probation for anywhere between three to five years.

      Penalties for a Second DUI Conviction in Sacramento

      As standard operating procedure, the penalties of a second DUI conviction mean a mandatory minimum of 96 hours in jail. You can, however, be sentenced to up to a year in jail.

      There is a three- to five-year automatic probationary period and you will be expected to complete 30 months of DUI school. Fines range from $390 to $2000.

      The severity of your administrative penalties will depend on the circumstances surrounding your case.

      Penalties for a Third DUI Conviction in Sacramento

      If you are convicted of three DUIs within a 10-year “lookback” period, you face a mandatory minimum of 120 days in jail. You could face an entire year in county jail for a third DUI conviction. Your license will be suspended for at least two years. If you choose not to get an Ignition Interlock Device, that period will be three years.

      DUI With Injury in California

       If someone who is either a passenger in your vehicle or another driver on the road is injured while you are operating your vehicle under the influence of drugs or alcohol, you will face substantially harsher penalties. However, prosecutors must also prove that you broke some other traffic law in causing that injury. In other words, just because you got into an accident while drunk and someone was injured does not mean that you are guilty of DUI with injury or VC 23153 violation.

      DUI with injury can either be charged as a misdemeanor or a felony depending on the severity of the injuries caused.

      What constitutes bodily injury? According to the California Vehicle Code 23153 simply requires that you were under the influence of drugs or alcohol, operating a motor vehicle, broke a traffic law, and caused another driver or passenger a bodily injury.

      Penalties for DUI With Injury in California

       A VC 23513 violation can be charged as either a felony or a misdemeanor.

      • Misdemeanor: You will be charged with a misdemeanor if the injuries were relatively minor and it is only your first or second DUI charge.
      • Felony: You will be charged with a felony if the injuries to others were either severe or this was your third DUI charge within a 10-year lookback period.

      Felony DUI in California

      Penalties for felony DUI are severe. You can face base penalties of two, three, or four years in state prison with added penalties if the individuals injured sustained severe or life-altering injuries. You will face consecutive one-year sentences for each individual injured in the accident. Fines range from $1,015 and $5,000. You will be required to complete 18 to 30 months’ worth of DUI school. You will be assigned “habitual traffic offender” status for three years and your license will be revoked for five years.

      If someone is killed in a DUI accident, the penalties get substantially harsher.

      DMV Hearing in California

       If you are arrested for DUI, the arresting officer can seize your driver’s license. You will be given a 30-day temporary license, but after those 30 days have run out, your license will remain in suspension. You have 10 days from the issuance of the order to suspend to request a hearing to reinstate your license or to reinstate your license with restrictions. Note that this does not require an actual conviction. The law need only provide evidence that your BAC was .08 or greater.

      Talk to a Sacramento DUI Attorney Today

      If you have been accused of a DUI, the litigation team at Wyatt Law Corp. can defend you. Talk to us today to set up a free consultation.

      Our Attorneys

       

      Our Attorneys

       

      "Truly has his client's best interest at heart as opposed to his pocket book. Unfortunately, this is a rare quality to find in an attorney."

      -Roger Patrick Niello

      "I'm very confident so far in the work he's done and that the outcome will be amazing! Russ is very knowledgeable and complete opposite of most attorneys that I know, I really enjoy spending time speaking with him (and that's saying a lot considering for most attorneys you have to pay by the hour to talk to them LOL!!!)"

      -R.B.

       

      "This group is fantastic! Russ is really on his game and has helped me out greatly- not only did he legally defend me through a tough time but with his help the outcome helped drastically change my life for the better! Strong staff and NICE office! A+"

      -Keenan S.

       

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      We Serve the Following California Counties

      We Serve the Following California Counties

      Sacramento County
      Placer County (Including Rocklin, Roseville and Lake Tahoe)
      El Dorado County
      Yuba County
      Yolo County
      Solano County
      Merced County
      San Joaquin County
      Calaveras County

      Sacramento

      901 H St. Suite 601
      Sacramento, CA 95814
      Ph: (916) 277-8820

      Cameron Park

      3350 Country Club Dr. #202
      Cameron Park, CA 95682
      Ph: (530) 350-6645

      Fairfield

      609 Jefferson St., Ste G1
      Fairfield, CA 94533
      Ph: (707) 772-5737

      Stockton

      221 Tuxedo Ct., Suite A
      Stockton, CA 95204
      Ph: (209) 245-7433

      This site is for general informational purposes only. Some information may be out of date or inaccurate for your area. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. If you have a specific legal question please consult an attorney. Attorney is only licensed to practice in California. Attorney Russ Wyatt is the owner of the firm and attorneys Raymond Wyatt and Peter Wyatt are attorneys of counsel to the firm.

      This site is for general informational purposes only. Some information may be out of date or inaccurate for your area. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. If you have a specific legal question please consult an attorney. Attorney is only licensed to practice in California. Attorney Russ Wyatt is the owner of the firm and attorneys Raymond Wyatt and Peter Wyatt are attorneys of counsel to the firm.