DUI Legal News

JULY 3, 2017

DUI Checkpoints in Sacramento County – The Do's & Don'ts

The 4th of July is known for getting together with family and celebrating our nation’s Independence Day. However, this celebration can quickly turn into a nightmare if you run into a Sacramento DUI checkpoint and are charged with a Driving Under the Influence Penalty. This article is not an endorsement of drinking and driving on the 4th of July; you should always to have a designated driver, no matter how little you intend on drinking...

JUNE 20, 2017

Marijuana DUI Resources for Sacramento, CA – Educate Yourself

I’m often asked: “Can I be charged with a DUI for driving under the influence of marijuana?” The short answer is yes, but cannabis DUIs differ from alcohol DUIs in several significant ways. This content outlines those differences, and provides a working knowledge of the law related to cannabis DUIs, and advises medical and recreational users to avoid driving while high on Marijuana...

OCT 13, 2016

Should I Hire a Private DUI Attorney? An Honest Answer

This question (or some variation of it) comes up in almost every single consultation, and understandably so. Potential clients want to know if hiring a private attorney is worth the investment. This article aims to answer that question. Three DUI Defense Options: Represent Yourself, Public Defender, or Private Attorney I hesitate to even label it...

OCT 6, 2016

Overview of the Sacramento DUI Process

Going to court for DUI charges is intimidating. This article will give an overview of the Sacramento DUI process to alleviate some of the nerves everyone experiences before going to court. Table of Contents1 The Arraignment2 Pre-trial Conference3 Trial4 Appeal The Arraignment The purpose of an arraignment is to make you aware of your charges....

OCT 4, 2016

Should I refuse to complete the Field Sobriety Tests?

Table of Contents1 Introduction2 In Most Circumstances, You Should Refuse to do Field Sobriety Tests3 However, Refusing to Blow into the Preliminary Alcohol Screening Device may Undercut a Rising Alcohol Defense4 Conclusion Introduction Field Sobriety Tests (FSTs) are standardized tests used by police to establish probable cause to arrest a DUI suspect. The point of this....

MAY 27, 2016

Why am I being charged with two different Vehicle Code Sections?

When charging for a DUI for alcohol, the District Attorney charges two Vehicle Code (VC) sections: VC 23152(a) and VC 23152(b). Let’s talk more about what each of these sections entail. VC 23152(a) doesn’t require that your BAC be at any particular level. It simply considers whether or not you drove “under the influence” or...

MAY 26, 2016

The Rising Alcohol Defense

A defense that is commonly used at trial is the “Rising Alcohol Defense.” In short, this defense argues that the breath/blood tests administered during the DUI investigation don’t accurately represent the BAC because of the time in between driving and the administration of the tests. Depending on the drinking pattern, one’s blood alcohol level could....

FEB 17 2016

I was recently charged with a misdemeanor DUI, and I have a commercial license. Am I going to lose my commercial license permanently?

Find out what the punishments are for being convicted of a DUI as a commercial license holder....

FEB 15 2016

I was recently arrested for a DUI, but the officer didn’t read me my Miranda rights. Will my case be dismissed?

SHORT ANSWER Failure to read a person their Miranda rights typically does not result in dismissal of a case. LONG ANSWER In most cases, a Miranda violation does not lead to dismissal of a DUI case. An officer only has to read you your Miranda rights when you are in custody and being interrogated. Confusingly,....

FEB 12 2016

Can I get a DUI for driving under the influence of marijuana?

Find out whether or not driving under the influence of marijuana can result in a DUI ....

FEB 10 2016

Is it possible to have a past DUI conviction removed from my record?

Expungements pursuant to Penal Code 1203.4....

FEB 9 2016

How do I protect my drivers’ license after being charged with a DUI?

Protect your driver’s license after being arrested for DUI....

DEC 18 2015

I’ve been charged with 3rd DUI in Sacramento County. Am I going to Jail?

Find out whether or not a 3rd DUI will result in jail time.....

DEC 17 2015

I’ve been charged with a 2nd DUI in Sacramento County. Am I going to jail?

Find out whether or not a 2nd DUI will result in jail time.....

NOV 16 2015

I’ve been charged with a 1st DUI in Sacramento County. Am I going to jail?

Being charged with a First DUI in Sacramento County? Read this short article to find out if you’ll have to do any time in custody.....