Underage DUI And Legal Consequences

Sadly, the official statistical data clearly demonstrates that more and more people are injured or even killed in DUI accidents every year. Furthermore, more and more underage drivers are charged with driving under the influence.

With that said, a relatively recent accident was caused by a 19 year old driver, who was operating the vehicle under the influence of alcohol. The driver was with a 15 year old passenger. Their car run the red light and collided with an SUV. The SUV, in turn, overturned and landed on the hood of another vehicle and there was also a fourth car involved in the accident as well. It all result in five injured individuals, of which two people are in critical condition.

The 19 year old driver was submitted to the BAC (Blood Alcohol Concentration) test and it showed that he was drunk. As you may know, when it comes to DUI, the state of California is using the Zero Tolerance law and this implies that all drivers who did not reach the age of 21, are not allowed to have any alcohol in their system.

Needless to say, DUI is a very serious offense in all states. Hence, the law enforcement authorities are not very forgiving when it comes to DUI criminals, especially underage ones. In most of the states the law does not allow anyone to drive their vehicles in case their BAC equals or surpasses the .08% threshold. In addition, the BAC for underage drivers is significantly lower than that number – in some states it is illegal to be driving under the influence of any amount of alcohol if you are not yet 21.

Here is some interesting and informative DUI statistics over the recent time:

• Nearly 30% of all underage drivers of ages 15-20, were killed in car accidents and were drinking before getting behind the wheel 
• When it comes to the above-mentioned age group, about 24% of DUI drivers in fatal accidents are males, whereas only 12% are females. 
• Over 28% of high school students in America admitted during the surveys that they were drinking and driving at least once in their lives. 
• Furthermore, a lot of underage drivers are not only drinking while driving – they do not even bother to wear seat-belts. Hence, more than 70% of the drivers from this age group that were involved in fatal DUI accidents were not wearing their seat belts when the collision occurred. 
• Over 40% of children drank at least a few sips of alcohol by the 8th grade. 20% of those also admitted that they were drunk at least once. 
• More than 70% of high school seniors state that they drank more than a couple of sips by the time they graduated and 5% of those also admitted that they were drunk at least one time. 
• Nearly 11 million people in the age group of 15-20 admitted that they were drinking alcohol in the past month. Nearly 20% claimed that they were binge drinking and 6% admitted to being actual alcoholics. 

The legal penalties for DUI are quite harsh and you will need to prepare for some genuinely unpleasant consequences indeed. In accordance to your BAC as well as your driving history, you may well be facing:

1. A fines or a number of fines – from $100 and more 
2. Obligatory DUI classes 
3. 3-5 years of probation for driving under the influence 
4. Time in county jail 

In case you are an underage driver who was driving under the influence, additional laws will apply. In the state of California every single one of those laws will be applied to the case, even if some of those duplicate, so you will be facing the following consequences:

• Vehicle Code 23136 covers drivers under 21 with BAC of 0.01% or more. Although violating that law is not considered a crime, it is still penalized with one year of driver’s license suspension.
• Although it is considered an infraction, it does not involve any jail time. However, it does imply the following penalties: 

1. Suspending the driver’s license for a year in case it is the first time offense, 
2. $100 in fines in case it is the first time offense, and 
3. Obligatory alcohol awareness classes for three or more months in case you are over 18 years of age. 

• Vehicle Code 23152 covers driving at any age while: 

1. influenced by alcohol or drugs, 
2. having a BAC of 0.08% or more; 
3. The California law considers it a misdemeanor and the following legal penalties apply: 

- Suspension of driving privileges,
- Informal probation for 3-5 years,
- Up to $1000 in fines,
- Alcohol or drug awareness classes for 3-9 months,
- Up to six months in jail.

• Vehicle Code 23224 – in case you have not reached 21 you are not allowed to carry alcohol inside a vehicle except in the following cases: 

- the container is unopened, sealed and full, and
- you are:

• accompanied by parents or any other specified adults, or 
• parents or adults told you to get rid of alcohol, or 
• it is part of your job to carry alcohol with you and you are working for someone with a certified license. 

- This is a misdemeanor and it implies the following penalties:

• Vehicle is going to be impounded up to 30 days, 
• $1000 in fines or more, 
• Driver’s license suspension for one year or more.

If you were arrested and charged with DUI in Sacramento, call our law offices at (877) 870-4087 or use our online contact form to request free case review.

The Sacramento DUI Specialists

Driving Under The Influence: Consequences And Legal Defense Options

DUI cases are often quite bizarre and somewhat weird indeed. For example, a relatively recent case surprised the law enforcement authorities. What was surprising? Well, first of all, the fact that the woman did run into a ten feet tree and secondly the fact that the same tree was stuck in the grill of her car when she was arrested.

With that said, even though it was quite obvious that the woman was driving under the influence of alcohol, there are plenty of other signs that the law enforcement authorities are using in order to determine whether or not the person is driving under the influence of alcohol or illegal substances. Needless to say, the question that most people will fear to hear from a law enforcement officer is “Have you had anything to drink today?”.

Well, there are certain legal proceedings when it comes to DUI. The very first thing that will happen is the police officer asking you questions. You are not obligated to answer those questions and keep in mind that anything you say can and will be used against you in the court of law. The best way to go in this case would be politely telling the law enforcement officer that you are going to wait for your DUI legal representative in order to consult with him first. In addition, it is not illegal if your BAC (Blood Alcohol Content) does not surpass the .08 threshold. If that is the case, you can always say that you had one beer and this is the reason why the smell of alcohol is on you.

Secondly, the law enforcement officers may want you to submit yourself to the filed sobriety tests. These are quite straightforward – you will be asked to recite the alphabet backwards, to touch your nose with the tip of your finger, to walk a straight line and so on. Although these tests may seem to be relatively harmless, it does not necessarily imply that the police officer will think so too. After all, he or she is going to view it all very subjectively and, odds are, will see reasons to arrest you. Good thing that you are not obligated to submit yourself to these tests and you can always politely refuse. Still, in case the law enforcement officer believes that you were driving under the influence of alcohol, he or she is not going to let you go that easily.

The next step would be the breathalyzer test. This is one of the most common tests that will allow the law enforcement officers to determine whether you were driving under the influence or not. It is a fairly simple test, but its results may prove to be somewhat subjective as well. There is also the possibility that you will need to submit yourself to the blood test. In case you are certain that your BAC is below the .08 legal limit, it is the best test for you. It is the most accurate one indeed and the sample will be preserved, so your lawyer will be able to use it in the future.

It is important to remember that you can refuse to submit yourself to these chemical tests, but in this case you will automatically lose your driving privileges for a year. This decision is the one made by the DMV (Department of Motor Vehicles) and you can fight it, but only within 10 days after the arrest took place, otherwise you will have to forget about your license for a year. It is also peculiar that the DMV’s decision is in no way related to the outcome of your DUI case.

One way or the other, regardless of how mild your DUI charges may be, there is always a huge risk of suffering dire legal consequences. After all, even in case it is your first time DUI offense and you never broke the law in the past, you are still going to have to pay extensive fines, which means thousands of dollars from your pocket. Second DUI offense will have much more legal penalties. Furthermore, do not forget that the court may decide that you need to attend the DUI classes and you will have to pay for those on your own as well. The cost of your insurance is going to rise significantly as you will need to buy a special type of insurance for high-risk drivers. Moreover, do not forget that you may be sentenced to perform community service – hundreds of hours of unpaid labor. Worst case scenario – depending on the circumstances of the crime, you will be sentenced to county jail or even state prison. Furthermore, you risk losing your driving privileges for a very long time.

DUI charges will be available in your criminal records and these records will be available to the public. Hence, it will make finding a job very challenging. After all, only a few employers will want to deal with a DUI criminal. Furthermore, you may be expelled from college or university and it may end your career. Family conflicts are also quite common at this stage. Generally speaking, the DUI charges will have detrimental impact on your day to day living.

Therefore, in case you or maybe your loved ones were charged with DUI and you do not know what to do, the smartest thing would be getting in touch with a qualified as well as genuinely experienced DUI attorney at the earliest opportunity. That is right – only a qualified as well as experienced legal representative will know what kind of defense strategy to choose in order to minimize the legal damage. Perhaps the police officers had not reasons to pull you over in the first place or maybe the results of the BAC tests were inaccurate – the lawyer is going to examine every single piece of evidence in order to establish a clear picture and minimize the sentence or to get the case dismissed to begin with.

John Williams, ESQ
Law Offices of Sacramento DUI Specialists

Out-Of-State DUI Convictions In Seattle, WA

The Sacramento DUI Specialists, a necessity to fight your Sacramento DUI charges.

Even if you are a California driver, who is driving out of state, it does not mean that you can ignore the road rules and regulations just because you are not in your state. On the contrary, it is important to understand that even if you are driving out-of-state, you will still be penalized and charged in line with Sacramento laws and you license could be just as easily suspended, so keep that in mind all the time while you are driving in another states across the country. Special interstate agreements are the regulations that are governing the road rules and policies for everyone.

The Driver License Compact is a special agreement between 45 states as well as D.C., which is meant to be governing certain road policies and violations. Even if you are not a resident of the state, the DLC may well have your license suspended. The state that is non-resident is going to report the violation to the special administrative division of the driver’s home state. In case the driver’s home state has similar legal regulations for the offense committed by the driver, it will treat the case as though the driver committed an offense on home territory – with consequence driver’s license suspension and all the legal penalties. The Non-resident Violator Compact was signed by forty four states and it is meant to protect the privileges and the rights of the drivers, who are driving outside their home state. Hence, in case you are driving outside home state, the law is going to make sure that you will get absolutely the same privileges and rights as the state’s citizens. In case you are going to be charged with a moving violation, you will be protected by the due process and the state will not be able to detain you outside Sacramento. However, you will be required to comply with the citation as ordered by the non-resident state. Should you fail to comply, you may well lose your driving license. 

In case you are a Sacramento resident and you were charged with a Sacramento DUI, the California law is going to treat it as a previous DUI conviction. However, there is one small exception – in case your BAC was below .08%. The Sacramento Motor Vehicle Commission is going to impose administrative license suspension. Furthermore, should you commit another DUI within 10 years after this one, it will be considered your second Sacramento DUI offense and will be treated accordingly.

Hence, it is apparent that even if you are a non-resident travelling outside your home state, there is still a chance that you may lose your driving privileges over a DUI offense. One way or another, if you wish to keep your license and would like to minimize the sentence, it is important to have a qualified as well as genuinely experienced Sacramento DUI attorney by your side. He will have the knowledge and the skills to assist you on the matter.

How Important Is A Skillful Plea Bargaining In a DUI Case

Being charged with DUI is very stressful as it entails plenty of severe legal penalties. Of course, the type of penalties vary from case to case and generally depend on the circumstances of the crime. Nevertheless, in most cases, a convicted DUI offender will have to pay expensive fines and may even be sentenced to county jail. Needless to say, this is the kind of experience no one will want to have. 

Discover ways to fight your Sacramento DUI Charges Here

With that said, this is why plea bargaining is so important when it comes to DUI cases. Plea bargain essentially represents negotiations between your attorney and the prosecutor. During those negotiations your legal representative is going to do his very best to convince the prosecutor to drop the charges or at the very least to minimize the supposed sentence.

What many people do not fully realize is that there are no fixed penalties for driving under the influence of alcohol. It all depends on a variety of factors and even if it is your first time DUI, there is always a chance that you may be sentenced to jail. On the other hand, a qualified as well as experienced DUI legal representative is going to have what it takes to negotiate a better deal for you. For instance, jail time could be replaced by community service.

Another good example is the fact that most people do not fully realize that their BAC (Blood Alcohol Content) is also a determining factor – if your BAC was particularly high, you will have to attend alcohol awareness classes for a significantly longer time. A plea bargain can replace alcohol awareness classes with a few Alcohol Anonymous meetings, which is far more beneficial and will take less time and efforts from you.

One way or the other, it is 100% apparent that in case you wish to have your sentence reduced or wish to get the case dismissed or need to get a good plea bargain, it is important, crucial even, to have a qualified as well as genuinely experienced DUI lawyer by your side. He will be able to help you make the most from the plea bargain with the prosecutor. He will know how to approach the prosecutor and how to convince him that you do deserve a second chances and a better deal should be made.

Is It Possible To Get a DUI While Sleeping In The Vehicle?

No doubt, being charged with DUI will have a very negative impact on your day to day living. After all, you risk losing your driving privileges, you will have to pay expensive fines, you will need to attend alcohol awareness classes, perform community service, buy a new insurance and may even be sentenced to county jail.

With that said, in certain cases, people are committing a DUI crime without really knowing it. For instance, in case you were in a bar or a restaurant and you had a little too much to drink, chances are, you will want to sleep it off inside your vehicle. Well, one moment you were falling asleep on the driver’s seat and the next a law enforcement officer, who happened to be patrolling the area, it knocking on your car window. Police officers usually spot people, who are sleeping in a car on the side of the road or on an empty parking lot.

More information is available at www.sacramentoduilawyernow.org

Still, is this a crime to be sleeping it off inside the car? Well, it depends on two major factors. First of all, whether or not your keys were in the ignition. At times, we put the keys in because it is our first instinct. Well, if the keys are in the ignition, it implies that the driver is able to put the vehicle into motion and is physically in control of his or her car. Hence, in such cases, it is best to leave the keys in your pocket, your purse or put in the console compartment. Anywhere but the ignition is going to do just fine.

The second factor, which could lead to a DUI arrest, would be the position of the driver. In case you fell asleep on the front seat, there is a much bigger chance that you were capable of putting your vehicle into motion. Of course, even if you were sleeping on the back seat, the law enforcement officer may use it against you, but it will not make as strong of an argument.

Therefore, in case you had a little too much to drink and you are not planning on driving and would like to sleep it off on the car, keep your keys away from the ignition and do not fall asleep on the front seat of the car – these are the two major factors, which got a lot of people charged with DUI, so they had to be dealing with all the harsh legal penalties. Still, if you were charged with DUI since you were sleeping it off in the car, do not hesitate to find a good attorney as soon as possible.

Useful Information About DMV Hearing And Legal Representation in Sacramento, CA

If you were charged with driving under the influence of alcohol, the very first thing that the arresting officer is going to do will be taking your driver’s license from you. In case you do not want to lose your driving privileges, you will need to file an official request to the DMV within 10 days after the accident and initiate an administrative hearing. It is crucial that you make it happen within 19 days, otherwise your driver’s license is going to be revoked.

Now, it is important to understand that the administrative DMV hearing is a separate hearing and it does not have anything to do with the criminal court hearing. Any finding from the criminal court hearing are not going to be used during the DMV hearing. Why is this important? Well, it pretty much implies that you will need to come up with a solid defense strategy in the both hearings, presenting compelling proof to the DMV representatives and to the judge in the criminal court.

To demonstrate how it works, let us review and example. Let us imagine that John was pulled over at a DUI checkpoint and the BAC test indicated that his blood alcohol content equaled 0.1%. John was summoned in court. He was represented by an attorney and with his help John has managed to prove that there is no evidence against him. Sure enough, the case was dismissed. However, John still had to attend the DMV hearing. During that hearing the DMV representatives decided that John is going to lose his driving privileges for 10 years.

As you can see, the results of those hearings are very much different. However, you must keep in mind that you have the right to be represented by an attorney during the DMV hearing. Furthermore, you have the right to question the law enforcement officer that arrested you. You can use your own documents and any testimonies in order to fight the claims. Therefore, do not make the mistake of believing that the DMV hearing is just a simple formality. It is a very big deal. In fact, the fate of your driving privileges is going to be decided right there and then.

Hence, it makes plenty of sense to hire a qualified as well as genuinely experienced legal representative to help you out during the DMV hearing. That is right – only a good attorney is going to have the skills and the expertise that are necessary to present a compelling argument to the DMV representatives. In fact, you will need to have a good Sacramento attorney by your side if you want to keep your license. The Sacramento lawyer will come up with a solid defense strategy that will eventually result in the restoration of your license. It is a very bad idea to try and work things out on your own - you do not know how to approach the DMV representative and only an attorney could assist you.

Arrested for DUI in Sacramento? Contact our DUI law offices now!

The Impact of DUI Conviction

Being charged with DUI is a genuinely frustrating as well as discouraging experience. After all, the law enforcement authorities are not all too forgiving about driving under the influence of alcohol or illegal substances. Hence, the legal penalties for DUI are severe and quite frightening. This is one of the many reasons why so many people are frightened and are ready to take any deal, any plea bargain the prosecution is offering. In most of the cases, those initial offers are rarely good ones and it makes sense to wait for the trial. Hence, it is best not to male any rushed decisions and get in touch with a qualified as well as genuinely experienced Sacramento DUI attorney at the earliest opportunity.

Furthermore, it is important for you to understand that a DUI conviction does not only involve immediate consequences – the effects of these criminal charges may affect you long afterwards:

• Probation. In most cases, if it is your first time DUI conviction, you are probably going to be facing up to three years of probation. Probation implies plenty of conditions and terms that you will have to stick with. In case you are going to break any of those conditions or commit any kind of illegal actions during your probation, you are not only going to be charged with a certain crime, but also with probation violation.
• Moral dilemma. A lot of people are ashamed of their actions, they are embarrassed because they committed a DUI crime. Nevertheless, most of those people do not even realize how many DUIs take place all over the nation every day. Still, it can be somewhat difficult emotionally for some people to get through the process.
• Jail sentence. Some DUI cases may involve time in county jail or even state prison. Of course, it largely depends on the circumstances of the crime. For example, in case it is your second time or even third time DUI conviction, it is more likely that the judge will consider sending you to jail. Furthermore, if we are talking about a felony DUI, there is surely going to be jail time involved, especially if you hurt a person or even killed one in the accident.

Regardless of what kind of previous criminal records you may have and whether or not your DUI is qualified as a felony, it is very important to consult a Sacramento DUI attorney before making any kind of decision. Most of the time, it is smarter to let the case play itself. Although the prosecutor is going to do his best in order to convince you that the plea bargain is the best option for you, you must not be confused – a better way to deal with this conviction may appear during the trial.

Seeing just how serious a DUI conviction may be, it is crucial for you to hire a professional legal representative in order to create a solid defense strategy to fight your DUI case in Sacramento. A good lawyer is going to have all the skills and the expertise that will help him deal with the judge and the prosecutor. Therefore, if you are accuse of DUI, do not hesitate to find an attorney as quickly as it is possible.