What may have started as a fun night on the town with friends can quickly go south when arrested for driving under the influence. Unfortunately, many underestimate the severity of these charges, especially if it is their first offense. A drunk driving charge in California can carry heavy penalties. Although it is difficult, there are some circumstances in which you may be able to have your DUI dismissed. If charged, the following blog can help answer questions you may have regarding the penalties and how a DUI lawyer in Sacramento, California can fight for your justice.
What Are the Consequences for a DUI in California?
In California, a DUI is charged to those who have a Blood Alcohol Concentration of 0.08% or higher. However, if you have a BAC lower than 0.08% but the officer has determined that the alcohol you’ve consumed has impacted your ability to drive, you can be charged with a DUI so long as there is a detectable amount of alcohol in your system.
If charged with a DUI, you may find you will face three days to six months behind bars, fines and fees, court-ordered DUI classes, a suspended license for at least six months, and probation.
It’s also important to note that with each DUI you are convicted of, the more intense the penalties will be. Additionally, if there are any aggravating circumstances, you may find that the charges against you become more severe. For example, you may discover that if you are caught driving under the influence with a minor in the vehicle, you will spend a mandatory forty-eight hours in jail, installation of an ignition interlock device, and fines up to $2,000, on top of the other DUI charges you’re facing.
Is It Possible to Have a DUI Dismissed?
When you’re facing a DUI charge, you may think there’s nothing you can do to fight the charges. However, this is far from the truth. In some instances, you may be able to have the charges against you dismissed. It is in your best interest to connect with an experienced attorney if facing charges, as they will be able to gather the necessary evidence and argue your case on your behalf.
One way your attorney can fight to have the charges dismissed is by showing that your traffic stop was unconstitutional. If you were pulled over because you were seen leaving a bar at 2 a.m. but broke no traffic laws or showed no signs of intoxication, the officer likely did not have reasonable suspicion to pull you over. As a result, the evidence collected at the scene may not be used against you.
Additionally, if the officer did not conduct the breathalyzer test properly or the device was defective, it can skew your results. If your attorney can prove this, your charges may be dismissed.
At the Law Offices of Dale R. Gomes, our dedicated legal team will do everything possible to assist you through these challenging times. We understand that facing a DUI can have significant impacts on your life. That’s why our team is committed to exploring all possible avenues to craft a defense that works in your favor. Contact us today to learn how we will fight for you.