If you have been arrested or charged with driving under the influence of alcohol or drugs, it’s important that you take action sooner rather than later. Be sure to speak with a skilled Sacramento DUI lawyer who can guide you through every step of the criminal process as well as DMV proceedings.
When to Hire a DUI Lawyer in California
It is against federal and California state law to operate a motor vehicle while under the influence of alcohol or other substances, including prescription medications or illicit drugs. A driver can be arrested if their blood alcohol content is at or above the legal limit, which is 0.08 percent for most adults over age 21.
The limit is 0.01 percent for underage drivers or individuals on DUI probation. The blood alcohol content limit is 0.04 percent for drivers operating a vehicle that requires a commercial driver’s license or drivers transporting a passenger for hire.
In 2021, 41.7 percent of crash fatalities in California involved driving under the influence (DUI). More specifically, 30 percent of fatal crashes involved drivers impaired by alcohol, and 19.3 percent of fatal accidents involved drug-impaired drivers.
If you have been arrested for driving while impaired, you should hire a DUI lawyer right away. A qualified and experienced attorney has a deep understanding of California DUI laws and the procedures and expectations involved. Our firm provides Sacramento’s top DUI defense, helping clients understand the Sacramento DUI charges legal process and defenses necessary for a successful outcome.
What to Do If You Have Been Charged With a DUI
If you have been charged with a DUI, it is highly recommended that you exercise your right to remain silent and consult a Sacramento DUI attorney as soon as possible. It is advised to refrain from offering up unnecessary information beyond cooperating with law enforcement until you have legal counsel to effectively advocate for you.
A capable defense lawyer with experience handling DUI proceedings can review the details of your case to determine what strategy or approach may be ideal, depending on the factors of your situation. In some instances, it may be possible for the charges against you to be dismissed. Some of the ways to secure a DUI dismissal include:
- Providing evidence to suggest that the stop of the person or vehicle was unreasonable
- Proving that the field sobriety test was inaccurate or invalid (including breath test procedure was false, suppressed, or violated)
- Pointing out that the suspect was not given the opportunity to contact a lawyer during the DUI investigation
- Arguing that there was no evidence that the suspect was driving or in actual physical control of the vehicle
Every case is unique, and a skilled attorney can determine the strongest defense for your circumstances.
What to Expect in a DUI Case in Sacramento
If you are arrested for DUI, there are two separate issues you must tend to: 1) A DMV hearing and 2) a criminal court case. The DMV and Court processes are independent of each other. The DMV controls whether your driving privilege will be revoked. The criminal court proceedings deal with DUI punishment and may include jail, fines, DUI classes, license suspension, probation, installation of an ignition interlock, or a combination of these things.
Within the criminal court aspect, as in all other criminal cases, the first appearance is called an “arraignment.” This is where you are told about the charges and punishment you face. After the arraignment, there will be multiple settlement conferences where your DUI defense attorney and the District Attorney will talk about the case settlement. During this time, we will be negotiating for a dismissal or reduced charges.
We will thoroughly investigate your case by researching and filing all applicable pre-trial motions. We will explore all possible defenses, such as asserting that you did not “drive” a vehicle after drinking as required in CA for a DUI conviction.
Other defenses include a rising blood alcohol level, which means that at the time you were pulled over, your body had not fully absorbed the alcohol, and that it was not actually absorbed until hours later when you took the chemical test. We will be prepared to investigate and examine all of the procedures followed by law enforcement and the lab technicians who draw your blood.
DUI defense Attorney Ibraham Dbouk will gather mitigation evidence from you, including character letters, rehab treatment, proof of employment or schooling, or volunteer work. If we cannot obtain the resolution you want, you have the right to a trial by jury. DUI defense Attorney Ibraham Dbouk has successfully represented many clients at trial who were charged with DUI-related offenses.
If your case proceeds to court, it will likely be handled at the Gordon D. Schaber Sacramento County Courthouse, which is located at 720 9th Street, Sacramento, CA 95814. The courthouse that may process the DUI proceedings of your case can vary depending on various factors, including where the arrest took place. Be sure to confirm the location of the courthouse or any other legal venues with your DUI defense lawyer.
DMV Proceedings Following a DUI
To begin the DMV aspect of your case, you must schedule a DMV hearing. You must call DMV to request a hearing; it is not automatically set for you. If you do not request a hearing within 10 days, your license will automatically be suspended after a month. The number to call to set your DMV hearing is on your Temporary License/Notice of Suspension that the arresting officer gives to you.
At the hearing, the driver is informed of the legal grounds for the action, can review and challenge the evidence, and can present evidence, including witnesses and testimony, to persuade the DMV not to suspend their license.
If you lose or fail to request the DMV hearing, a four-month to one-year suspension can occur. DUI Attorney Ibraham Dbouk has plenty of experience with DMV hearings and knows what issues to look out for. We will handle this DMV hearing for you for no additional cost.
