Best DUI Lawyers Sacramento, CA Of 2024 – Forbes Advisor – Technologist

What happens when you get a DUI in Sacramento? First, officers have to prove they have a reason to arrest you, either through preliminary alcohol screening (PAS) or field sobriety tests. Your blood alcohol concentration (BAC) must be 0.08% or higher to be charged with DUI in most cases in California.

The sections below break down what will happen if you’re facing DUI charges, how officers prove you’re intoxicated and common DUI defense examples.

Legal Blood Alcohol Concentration (BAC) in California

If Sacramento police catch you driving with a BAC of .08% or higher, they could charge you with a DUI.

California DUI laws set different BAC limits depending on the driver’s age and type of license:

• 21 and over. a BAC of 0.08% is considered drunk driving.
• Under 21. a BAC of 0.01% is considered drunk driving.
• Commercial license. a BAC of 0.04% is considered drunk driving.
• Rideshare driver. a BAC of 0.04% is considered drunk driving.

If your BAC is exactly 0.08%, you can still be charged with a DUI. This is known as a “per se” DUI, and it has the same penalties.

Implied Consent Laws in California

Every driver in California, even non-residents, automatically consents to DUI chemical testing by just being on California roads. But keep in mind that implied consent laws in California only apply after a driver has been arrested for DUI.

You will not be punished for refusing a breathalyzer test before arrest, and your refusal cannot be used against you in court as an admission of guilt.

However, your right to refuse a preliminary alcohol screening (PAS) test only applies as long as you:

• Are over the age of 21
• Are not on DUI probation

If you’re not of legal age or already facing DUI charges, your refusal to consent could result in increased jail time and fines if found guilty.

Even if you legally refuse testing, you can still be arrested, and failing to consent to testing after arrest will result in similar penalties. Regardless of charges, you will also automatically lose your license for up to a year.

DUI Penalties in California

Is a DUI a felony or misdemeanor? In California, DUIs are considered misdemeanors up until the fourth offense. Felony charges apply to four-time (or more) repeat offenders or if the DUI resulted in great bodily injury (GBI) or death.

Facing a felony or having multiple DUIs will increase the penalties and fees per charge:

Along with these penalties, drunk drivers also risk a “strike” on their record if facing felonies. The California “Three-Strikes Law” mandates that repeat offenders with multiple felonies receive strikes on their records for each subsequent felony.

A strike or two can double prison sentences and fines. If you’re on your third strike, you face a mandatory 25 years to life at sentencing.

What to Expect After a DUI Arrest in California

After a DUI arrest, the officers will ask you again to submit to testing. They will get a warrant to test your blood at the station if you refuse. Your refusal after arrest will also result in an automatic license suspension and increased jail time if found guilty.

You’ll face two cases against you after DUI: a criminal case and a DMV case. While a criminal case determines your guilt, the DMV case decides whether you get to keep your license. The arresting officer will confiscate your license, and you only have 10 days from the date of arrest to contact the DMV and request a hearing.