AFTER A DUI ARREST
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DUI ARREST IN SACRAMENTO COUNTY
It is illegal to drive under the influence of any alcoholic beverage or drug, either illegal or legal, or a combination of the two and can therefore be arrested for DUID (Driving Under the Influence of Drugs). DUID prosecutions are a little more ambiguous than DUI cases because there is no specific number or “legal limit” in DUID cases. There needs to be circumstantial evidence and just like DUI cases, there are many factors that will change the penalties.
In DUI drug cases, the suspect has a choice between a blood or urine test. However, urine tests aren’t very reliable or fair at times because certain drugs can leave the system more quickly than others. Certain factors such as illness, injury, fatigue or even nervousness can give police officers the appearance of drug intoxication, which makes these cases open to interpretation.
After a DUI Arrest
A blood test might be conducted after an arrest. A blood sample for alcohol is usually more accurate than breath analyses. There are different factors that affect how quickly the blood alcohol level rises: the number of drinks per hour, the strength of alcohol in the drink, your weight, your sex, your age, food in the stomach, other medicines or drugs. Only a qualified medical expert can draw blood because any problems in the method can alter the results. Upon arrest, the officer is required to immediately forward a copy of the notice of suspension or revocation form along with any driver license taken into possession.
The DMV will automatically conduct an administrative review, which examines the officer’s report, the suspension or revocation order, and any test results. If the administrative review confirms the suspension or revocation, you may request a hearing to challenge the suspension within 10 days of the receipt of the suspension. Call (916) 441-4888 to speak with a DUI Attorney in Sacramento at the Law Offices of Wing & Parisi after a DUI arrest. If the review shows there is no basis for the suspension or revocation, the action will be set aside.
Once the officer confiscates your driver license, it can only be returned at the end of the suspension or revocation with a $125 reissue fee to the DMV ($100 if you were under 21 and were suspended under the Zero Tolerance Law). If you receive a temporary license, you may drive for 30 days from the date the order of suspension was issued as long as you have a valid California driver license. If you need a license to go to and from work, you may apply for a restricted license at any DMV field office.
Once arrested, you will receive a notice to appear in Court either with a ticket or a paper titled “promise to appear, own recognizance”. Call (916) 441-4888 and speak with a DUI attorney in Sacramento about your case. In California, if chosen to hire a private DUI attorney, you do not have to be present for the first court appearance. Your attorney will appear on your behalf, leaving you to your normal life.
Following the first appearance, your case will be set for a pretrial conference, giving your lawyer an opportunity to meet with the prosecutor, review the case for possibility of settlement, and perhaps get a plea-bargain offer. At the conclusion of the pretrial phase, the prosecutor will usually make an offer for a plea-bargain. Your attorney’s role is to review the particular circumstances and assist you in deciding whether to accept or reject the offer.
If accepted, your DUI case will conclude. If the plea-bargain is not accepted, the case will be set for a jury trial, consisting of 12 citizens from the community to listen to the evidence and render a verdict. A DUI jury trial is just like any other criminal case, beginning with jury selection, opening statements, examination and cross-examination, closing arguments, jury instructions, deliberations, and finally the verdict.
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If you have been arrested and charged with a crime, contact the Law Office of Wing & Parisi for free consultation.
Have been arrested and charged with a DUI?
Call our DUI attorney in Sacramento for free consultation.