DUI Attorney in Sacramento

Elements of a DUI Case in California

If you’ve been arrested for drunk driving, understanding the elements of a DUI case in California is one of the most important steps you can take. A DUI conviction can affect your license, job, finances, and even your immigration status. When you know what the prosecution must prove, you and your Sacramento DUI attorney can build a more focused defense.

1. Driving with a Blood Alcohol Concentration (BAC) of 0.08% or Higher
   • The prosecution usually relies on breath or blood test results.
   • Your attorney can challenge how the test was administered, how the sample was stored, and whether the machine was properly calibrated.
2. Driving While Impaired by Alcohol, Drugs, or Both
   You can still be charged with DUI even if your BAC is under 0.08%. What matters is whether alcohol, drugs, or a combination of the two impaired your ability to drive safely.
   • Officers often point to driving behavior, field sobriety test performance, and physical signs like slurred speech or unsteady balance.
   • These observations are subjective and may be challenged through cross-examination and expert testimony.
3. Driving a Commercial Vehicle with a BAC of 0.04% or Higher
   If you hold a commercial driver’s license (CDL) and drive a commercial vehicle, you face a lower legal BAC limit of 0.04%.
   • A commercial DUI can trigger license consequences that threaten your career.
   • Even out-of-state CDL holders can be reported and sanctioned.

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What the Prosecution Must Prove in a Sacramento DUI

To convict you of DUI in Sacramento, the prosecution must show:

• You drove a motor vehicle, and
• At the time of driving, at least one of the legal DUI standards above applied to you.

The standard of proof is “beyond a reasonable doubt.” This is a high bar. If the evidence leaves the judge or jury with reasonable questions about any element, the law requires an acquittal.

Consequences of a DUI in Sacramento

The consequences of a DUI in Sacramento go far beyond a night in jail or a fine. A first-time DUI in California is usually a misdemeanor, but it still counts as a criminal conviction and can affect your driver’s license, job prospects, professional licenses, and even your insurance for years.

This page walks you through what to expect after a first DUI in Sacramento, how the DMV and the court process work, and how a DUI attorney can challenge the case.

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Is a First DUI in Sacramento a Misdemeanor?

In most cases, a first DUI in California is charged as a misdemeanor under Vehicle Code section 23152.

It still matters a lot because:

• It appears on your criminal record, which can show up on background checks.
• It can cause trouble with security clearances and government jobs.
• Certain professional licenses (nurses, teachers, real estate agents, commercial drivers, etc.) may be affected.
• Some employers and rental car companies may refuse to work with anyone who has a recent DUI.

If the DUI involves injury, multiple priors, or other aggravating factors, the case can be charged as a felony with much higher penalties.

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What Happens to Your License After a DUI Arrest?

Immediate DMV Action (Administrative Per Se Suspension)

After a DUI arrest in Sacramento, two separate processes start:

1. DMV administrative case (license only).
2. Criminal case in Sacramento County Superior Court.

Here’s what usually happens on the DMV side:

• The officer takes your physical driver’s license and gives you a “Notice of Suspension” and a 30-day temporary license (often a pink slip).
• You generally have 10 days from the date of the notice to request a DMV hearing to challenge the suspension.
• If you do nothing, a license suspension starts after the 30-day temporary license expires.

For a first DUI with a BAC of 0.08% or higher, the DMV administrative suspension is typically about 4 months, though you may qualify for a restricted license if you meet certain conditions.

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Criminal Court Penalties for a First DUI in California

Separate from DMV action, a conviction in court for a first misdemeanor DUI in California can include:

• Probation: typically 3–5 years of informal probation.
• Fines: base fines of $390–$1,000, plus penalty assessments that can push the total bill into the thousands.
• Jail time: up to 6 months in county jail (many first-offense cases resolve with little or no actual jail time, depending on the facts and the judge).
• DUI school: usually a 3–9 month alcohol education program.
• Court-ordered license suspension: often 6 months through the court, separate from DMV.
• Ignition interlock device (IID): Many first-time offenders must install an IID for about 6 months or accept a restricted license for a longer period.

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Sacramento DUI Court Process: Step by Step

Once prosecutors file the case, a typical first-offense DUI in Sacramento moves through these stages:

1. Arraignment

• You appear in Sacramento County Superior Court.
• The judge tells you the charges.
• You (through your attorney) enter a plea: guilty, not guilty, or no contest.
• Bail conditions can be reviewed. If you are in custody and cannot post bail, you may remain in jail until the release conditions are met.

2. Pretrial and Plea Negotiations

Your DUI attorney reviews:

• Police reports and body-cam footage
• Breath or blood test records
• Calibration and maintenance records for testing devices
• Any prior driving or criminal history

Your attorney may then negotiate with the prosecutor to:

• Reduce the DUI to a lesser charge (for example, a “wet reckless” in some cases)
• Limit jail time or convert it to alternative work programs
• Protect your license as much as possible

3. Motions

If there are legal issues, your attorney can file motions to:

• Challenge the traffic stop (lack of reasonable suspicion)
• Attack the probable cause for the arrest
• Suppress breath or blood test results if procedures were broken
• Raise violations of your constitutional rights (for example, improper questioning)

4. Trial

If plea talks fail or the defense strategy calls for it, the case goes to trial:

• A jury or judge decides whether the prosecution has proved the DUI charge beyond a reasonable doubt.
• The defense highlights errors, inconsistencies, and gaps in the state’s evidence.

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How a Sacramento DUI Attorney Can Challenge the Case

A local Sacramento DUI attorney looks for weaknesses at every step of the case. Common defense angles include:

• Challenging the stop: The officer must have a legal reason to pull you over (speeding, lane drift, accident, etc.).
• Field sobriety tests: Many tests are subjective and can be affected by fatigue, medical conditions, or poor instructions.
• Breath test issues:
  • The machine has not been maintained or calibrated
  • The officer did not follow the required observation period
  • Mouth alcohol, GERD, or other conditions affecting results
• Blood test problems: chain-of-custody errors, improper storage, or lab mistakes.
• DMV paperwork errors: Mistakes on the DS-367 form or missing documents can help at the DMV hearing.

A strong defense does not guarantee a win, but it can reduce penalties, protect your license, or even lead to a dismissal in some cases.

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Long-Term Consequences of a DUI in Sacramento

A DUI conviction in California follows you for years:

• 10-year look-back period: The DMV and courts use prior DUIs from the last 10 years to enhance penalties.
• Insurance: You may need an SR-22 insurance certificate for about three years and face higher premiums.
• Employment and licensing:
  • Background checks may show the conviction.
  • Jobs that involve driving, handling sensitive information, or public trust often treat a DUI as a serious issue.
• Travel and immigration: Non-citizens and people who travel frequently can face added problems depending on the country and visa rules.

Because the consequences of a DUI in Sacramento can shape your record and driving status for a decade, getting specific advice early in the case matters.