6 Facts About DUI Arrets

If you were charged with DUI, you may lose your driver’s license. However, some of the states still are offering you a chance to reinstate the license within a month. Yet, other states will not provide you with such an opportunity and will revoke your license immediately after the arrest. However, even if there is a way to reinstate your license, you will need to send a former appeal and go through all the formalities, including the DMV (Department of Motor Vehicles) hearing that has nothing to do with the criminal case.

With that said, there are some other facts that you may also not have known regarding the DUI arrests and here is a list of those, helping you get all the details and info straight:

1. As it was previously stated, the law enforcement authorities may well revoke your license right during the arrest. And in some of the states, it will really depend on the judge and how he or she will rule out to proceed. For instance, in some of the cases, the license may only be reinstated after about 90 days. In other times, you will have restricted driving privileges – driving from home to work and back only. One way or the other, even when it will come the time to get the license back, you are going to need to pay expensive fines in most of the cases.
2. Once you are charged with DUI, the law enforcement authorities are going to inform the DMV about the charges and the license will either be revoked or, depending on the circumstances, you will be able to appeal the decision. Furthermore, do not forget that the DUI offense is also going to remain in your personal criminal records. This does imply that the DMV will be able to see it and any potential employer will be able to see it as well. This implies that in case you are going to be off searching for a commercial driving job, you may be rejected, since the employer will perform a thorough check and will figure out why you were charged with DUI. In addition, do not forget that the overall cost of the insurance is going to be elevated sky high.
3. In most of the cases and in most of the states, you are going to have the possibility to refuse the field sobriety tests. This does imply that you can refuse to recite the alphabet backwards, walk the straight line and other standard procedures. After all, the results of those tests are completely subjective and really depend on the law enforcement officer performing it. And, of course, in different states there are different policies as to whether or not you must submit yourself to any kind of chemical testing. Of course, in most of the states refusing these tests will be used against you in court, even if you had the right to refuse to begin with.
4. Furthermore, you must keep in mind that in most of the cases the refusal to submit to breathalyzer testing will turn up against you and will make you lose your license for a year. However, you can choose the type of test that is most suitable for you as well as your needs and requirements.
5. You must keep in mind that breathalyzers are the most inaccurate tests to begin with. Hence, you should choose between the blood sample as well as the urine sample. Needless to say, blood test is the most accurate one. Nevertheless, it does require some blood to be drawn from the vein and it is up to you to decide whether you can and are willing to do that.
6. The law enforcement authorities need to prove beyond any reasonable doubt that you actually were drunk to begin with. And this is one of the many reasons why they are going to be insisting on administering the chemical tests to begin with. Furthermore, if you have managed to confess that you were actually drinking and driving, this confession will be used against you as well. Hence, it is best to keep silence up until you will get a chance to consult your legal representative. And, of course, you will want to have the attorney both at the criminal trial as well as the DMV hearing in order to make the most from the legal defense and to keep the license too. 

Hence, in case that you are charged with DUI, the very first thing that you will need to do would be getting in touch with a qualified as well as skillful Sacramento DUI law office as soon as possible. For more information about DUI defense in Sacramento, call our law firm email us using contact form

5 Basic DUI Defense Tips And Recommendations

1. In case that you are planning on going to a party with your friends or loved ones, where there is going to be plenty of alcohol, odds are, you are going to be drinking. And this is why it is very important as well as genuinely crucial even, to make sure that you plan ahead. This means either leave the car home and call a cab once you are done with the party or, if you are so insistent on driving in your own vehicle, call a designated driver. After all, the legal consequences of driving under the influence of alcohol are quite dire. Not only will you have to pay some hefty fines – you are also risking to lose your license for a very long time. Furthermore, do not forget that the cost of your insurance is going to elevate sky high. Mandatory alcohol awareness classes, mandatory ignition interlock device in the car and even county jail or state prison may turn out to be part of the sentence as well. Hence, before you ever go behind the wheel drunk, think twice and just consider if it is really worth it. 


2. Do not forget that you have your very own Constitutional right to remain silent. And once you are pulled over by the law enforcement officer, there comes a time to use that right in full. After all, once you will be pulled over, the police officer is going to approach to you and will tell you why you were stopped to begin with. It may be because you have a crack in the windshield or perhaps due to the fact that one of your tail lights is not working. However, if you were pulled over early in the morning or late at night, in most of the cases all of those reasons are going to be nothing more than excuses that the law enforcement officers are using to approach you and to start the interaction. Of course, if you are actually drunk, there will be certain signs that will show that – watery red eyes, slurred speech, odor of alcohol. Nevertheless, who is to say that you do not have a medical condition that does cause it all to begin with? One way or the other, even if you were drinking, it will not help if you will admit it to the law enforcement officer – on the contrary, it is going to make things worse for you in court. Sure enough, there is no need to start lying to the officer as well – simply remain silent all the time and call DUI lawyer for an advice to follow. 


3. The law enforcement officer will want you to submit yourself to the field sobriety tests. And even though the police officer is going to say that it is for your own good and that he or she just wants to know if you are good to drive, do not be fooled – even if you are going to perform great on those tests, the law enforcement office is still going to find a reason or two to arrest you. And even though the results of field sobriety tests are viewed as subjective in court, they may still be used against you. And while you are obligated by the law to provide the law enforcement officer with your license and insurance, you are not obligated to provide him or her with your consent to submit to the FSTs. Hence, avoid these tests and do not give the officer yet another reason to arrest you from the get go. 


4. Yet another genuinely vital Constitutional right is the right for the legal counsel. You know – the Miranda rights. In fact, unlike what you may see in the motion pictures as well as TV shows, the actual law enforcement officers will rarely read you those Miranda rights and you will therefore need to ask for the attorney on your own. Furthermore, do not forget that if the request for the legal counsel is going to be ignored, the case will be thrown out of the court. This is a very important factor – regardless of what kind of evidence the police may have already collected and what kind of evidence may be working against you, if they did not read you your Miranda rights or ignored the request for the attorney, you are going to need to make sure that you mention this to the judge as well – the court will get the case dismissed right away and without any further hesitation. 


5. There is yet another way to literally get the case thrown away. And this is by asking for an independent blood test to be taken in an independent laboratory and by an independent specialist. Of course, most of the people will not know where to start and where to go to retest the blood, but this is not the point. The point is that if the law enforcement officer collected all of the evidence against you, including the blood test results, there is still a way to get out of jail – you may request him or her to allow you to perform an independent test and if that request is going to be ignored, you will get your get out of jail free card, since all of the evidence against you will be put under big question.

If you were arrested and charged with DUI in Sacramento, call Law Offices of John Williams immediately or email us using contact page.

A DUI Suspect Stopped While Playing Pokemon Go

Even people who are far from being fans of gaming, were incredibly hyped with the launch of the mobile Pokemon Go game. This game featured “added” reality – it was basically integrated into real life and you were required to collect all 142 Pokemons, while scavenging around and exploring the real GPS map with all those creatures on it.

With that said, it was first considered a great idea – after all, even people, who were not particularly enjoying long walks, were finally going outside, interacting with other people and having fun. Still, nothing is perfect and Pokemon Go has its own flows as well. Chances are, you heard about some cases, when robbers were using the app in order to lure in more potential victims.

Well, while it may be a fun game, it is a pretty dangerous one as well – that much is certain. Too many people all over the country and worldwide were losing their minds and neglecting even the most basic safety precautions while playing that game. Some of them were literally walking into the upcoming traffic while playing, others were falling down the cliffs, since they never paid attention to where they were going.

Still, one way or the other, some of the drivers were the ones, who demonstrated the most ridiculous behavior. Think about it – some people were actually using their smartphones while driving in order to catch those Pokemons literally on the go. Such disregard demonstrates that smartphones are a whole lot smarter than some people out there. Just look at where such behavior got them – two people drove off the cliff, another guy simply went over the border and was arrested by the border patrol officers. Some guy even managed to hit a parked police vehicle. When he got out of his car, he was waving his smartphone and cursing the day he started playing Pokemon Go.

Moreover, some people go as far as drinking alcohol and playing Pokemon Go while driving. As if driving under the influence of alcohol was not enough – these guys just want to make sure that they will provoke an accident or will be arrested. To think that some people are placing a silly mobile game above their very own safety as well as the safety of others around them – it is pretty difficult to comprehend indeed.

Still, Pokemon Go is popular right now as well and it is very important, if you are a fan of this app, to make sure that you forget about it at least while you are driving. Regardless of how rare of a Pokemon you may be hoping to catch and how skillful you wish to be at this game, do not place it above your well being as well as the well being of others around you. One way or the other, it is simply not worth it and even if you are not going to hurt anyone, you can still get in a whole lot of legal trouble.

Read more information about local DUI laws at: www.sacramentoduilawyernow.org

Miranda Rights And Their Uses

If you know little about the modern justice system, odds are, you still know about the Miranda rights and the fact that the law enforcement officer is required to read them to the arrested person before anything else. After all, we have seen and heard those lines in too many TV shows as well as motion pictures. These are quite straightforward: “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?”

The person that is being arrested will be required to provide the arresting law enforcement officer with a definitive answer. In case that the arrested person will remain silent, it may imply that this individual simply does not understand English language. If that is the case, a professional translator will be provided and will read Miranda rights in the native language of the arrested individual. However, if the arrested individual chooses to remain silent for whatever reason, the police and the interrogators are required to stop. Moreover, in case that arrested person states that he or she requires an attorney to be present, the interrogation will need to stop until the lawyer will arrive on scene. However, you need to keep in mind that the law enforcement officers will be obligated to read you your Miranda rights only if they wish to interrogate you. They are, however, not obligated to read those rights during the arrest. Nevertheless, in case that the law enforcement officers have the intention of interrogating you in the future, they will need to read you those Miranda Rights loud and clear. If they will not do this, the case may end up being overturned in court. Hence, the arresting officers are always paying a lot of attention to this issue during the arrest of the suspect.

In case the police officers have reasons to think that public safety is under question in the matter, they will have the right for interrogating the arrested person right there and then, without reading Miranda Rights first. To be clear, Miranda Rights serve as legal protection from self-incrimination and do fall under the Fifth Amendment. In any case, the arrested individual will have to tell the law enforcement officers his or her name, age, contact information, address and some other crucial details. Furthermore, the arrested individual will be search for safety reasons. In addition, in case the arrested individual confessed in committing a crime even before the Miranda Rights were read, this crucial evidence will most certainly be used against him or her in the court of law.

One way or the other, if you are an innocent person, who just had the misfortune to be in the wrong place at the wrong time, Miranda Rights can be used in your defense. If you were arrested and charged with DUI, only a seasoned lawyer who is specializing in Sacramento DUI law can help you beat your charges.

The Sacramento DUI Specialists

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.