Sonoma County DUI Lawyer Helping You Fight the Charges
Facing a DUI charge in Sonoma County is a serious matter. When your rights and freedom are at stake, having the most skilled and experienced Sonoma County DUI lawyer is critical to your defense. The Law Offices of Andres Rico stands by clients facing DUI charges, providing guidance through the legal process and strong advocacy for the rights of the accused.
We seek the best outcome possible for clients by being proactive in advocating for their rights. Helping clients understand their rights and the post-arrest process, and showing them how to make good decisions in their case, are part of our representation. Contact the Law Offices of Andres Rico, P.C. today for a free case review.
The Different Levels of DUI in Sonoma County
Driving under the influence is a criminal charge that can stem from the use of drugs or alcohol, or a combination thereof, as noted under Vehicle Code Section 23152(a), (b), ( c), (f), and (g). Even a small movement of a vehicle while under the influence of drugs and/or alcohol can constitute a DUI crime in California.
Penalties for the various levels of DUI crimes vary. Generally speaking, a first-time DUI conviction typically results in three years of non-supervised probation, two days in jail, and a six-month driver’s license suspension. Additionally, DUI school for up to nine months and fines of more than $2,000 are typically assessed. Enhanced punishments exist in situations involving high blood alcohol content or if a child under 14 years of age was in the vehicle.
Additionally, prior DUI convictions create enhanced penalties for defendants. Increased time in custody (96 hours) and home detention while awaiting trial may result if those prior convictions are within the past 10 years. Felony DUI involves a fourth arrest and carries severe penalties, including a 10-year license suspension and a minimum of 180 days in jail. It is also important to note that a DUI that results in a death can be treated as a second-degree murder charge in Sonoma County. The jail penalty for second-degree murder is 15 years to life.
The DUI Process
Facing a DUI case in Sonoma County means confronting various challenges. For most people, a DUI case begins with being pulled over by law enforcement and ultimately arrested. You will be taken back to a police station for booking, then detained in jail.
From there, an arraignment hearing involves you being charged with DUI and the entering of a plea. Negotiation and plea bargaining typically follow. In the event that no settlement or plea bargain is reached, a trial is held. The trial is where evidence is offered and considered by a fact-finder (i.e., a judge or jury). A verdict of “guilty” results in a jail sentence.
The Importance of Having a Sonoma County DUI Lawyer Handling Your Case
The immediate period after being arrested for DUI is among the most important in your entire case. What the experienced Sonoma County DUI lawyer at the Law Offices of Andres Rico provides clients is advice from the beginning of the case until its conclusion. This means that you do not have to search through the internet for “bits and pieces” of information that may or may not be accurate with respect to your case. Attorney Andres Rico helps those arrested and charged with DUI and knows how to develop a strategy tailored to help you beat the charges.
Consider this: The evidence held by law enforcement and the Sonoma County District Attorney’s Office may not be as strong as you were led to believe. There may be issues with how the testing was performed when it was determined on the side of the road that you were over the legal limit in terms of blood alcohol content (BAC). Were the tools and equipment used by law enforcement calibrated correctly? The attorney with the Law Offices of Andres Rico knows how to attack the evidence, examine how it was obtained, and seek to bar improper evidence.
Driver’s License Suspension: Getting Your License Back
The Department of Motor Vehicles (DMV) in California suspends your license when you are arrested for a DUI. That is, unless you have a plan in place to prevent this from happening.
From the day you are arrested, you have 10 additional days to contact the DMV to request a hearing. This hearing is where you can advocate for yourself to try to keep your license from being suspended and taken away.
This hearing is known as a DMV hearing. Despite the word “hearing” being used, it does not relate to the criminal process in Sonoma County’s criminal court. Rather, this DMV hearing is an administrative matter. To contest the suspension of your license, it is highly recommended that you contact an experienced Sonoma County DUI lawyer at the Law Offices of Andres Rico today.
There are three questions that a hearing officer in a DMV hearing must answer:
- Who was behind the wheel of the vehicle?
- Was the driver stopped and arrested lawfully?
- When tested, was the driver’s blood alcohol content 0.08 or higher?
A favorable decision from the hearing officer means that your license will not be suspended. On the other hand, if the decision is unfavorable, your license will be suspended for four months (if this was your first DUI arrest). Typically, after a 30-day period, you can request a restricted license that allows you to drive to and from work.
Sonoma County DUI FAQs
What are the “standard” penalties for the first DUI in Sonoma County?
Assuming no accidents, injuries, or aggravating factors, a first-offense DUI case in Sonoma County is typically charged as a misdemeanor. Local Sonoma County prosecutors tend to offer the following upon acceptance of a guilty plea:
- Approximately 2 days in county jail (generally work release or time served)
- Three years of informal probation
- $1900-$2500+ in fines/assessments
- Three-month DUI school term
- Six-month license suspension (with a restricted license available)
For a basic first DUI offense with no aggravating factors, this is considered the “standard” or “baseline” sentence handed down in most courts. Penalties are enhanced for higher BACs, test refusals, and/or drivers involved in accidents or who have prior convictions.
Will my DUI charges be reduced?
Potentially. While prosecutors often like to “run them straight,” many DUI cases are reduced when defense attorneys identify issues with the stop, arrest, or testing. Things like borderline BACs, improper traffic stop or testing procedures, no atrocious driving/prior accident, and/or strong mitigating circumstances can sway the prosecutor to reduce a DUI charge. Reductions are typically to a “wet reckless.” This is fairly common in Sonoma County when there are legal and/or evidentiary issues with the DUI charge. Reductions are never guaranteed, but negotiated pleas are typical throughout the County.
Do I have to install an Ignition Interlock Device?
Technically yes. California law mandates that all DUI offenders install an IID, even for a first offense DUI, if they wish to drive during and/or after a suspension. However, in most cases, drivers in Sonoma County are eligible for a restricted license upon installing the IID and enrolling in DUI school.
Are you able to refuse a breathalyzer test after being stopped by law enforcement?
As in other states, if you are pulled over on suspicion of DUI, it is possible for you to refuse to take a breathalyzer test. That said, there are consequences for doing so. The refusal of a breathalyzer can lead to your license being automatically suspended for up to one year. Additionally, there may be criminal penalties that attach to your case if you are ultimately convicted of DUI.
Do points attach to your driving record if you are convicted of DUI?
The California DMV tracks traffic violations by using a point system. If the points attached to your license get high enough, then a suspension of your driver’s record is possible. A DUI conviction means that two points will be added to your record. A suspension of your driver’s license becomes a real possibility, considering that four points in one year is all it takes to have the license temporarily taken away. Avoiding a conviction is the best way to avoid these points remaining on your record for up to 10 years.
Can a DUI be considered a felony in California?
There are specific situations under which a DUI may be charged as a felony. A DUI is typically considered to be a misdemeanor crime. The following represent the circumstances under which a DUI may be stepped up to the level of a felony:
- DUI leads to injury. If the DUI involved another person being injured, then the DUI can be charged as a felony.
- Four DUIs within a 10-year period. This means that the fourth DUI can be treated as a felony.
- Intoxicated vehicular manslaughter. If, while under the influence, your actions led to the death of another person, then you will be charged with a felony.
Is it possible to defend against a DUI charge?
There are a handful of defenses to counter a DUI arrest. These defenses are not always obvious and require evidence to substantiate them. For that reason, the Sonoma County DUI lawyer with the Law Offices of Andres Rico is best positioned to make these important arguments to a jury or judge.
For instance, an inaccurate breathalyzer or blood test is a defense to consider. If the test was administered inaccurately, then its results cannot be trusted. The same can be said for equipment that is poorly maintained. It is also worthwhile to consider the circumstances under which you were stopped by law enforcement. What was the “pretext” used by the police officer to pull you over? Was there a legitimate, legal concern that led to you being questioned? If not, there may be a way to argue that the evidence obtained was done so improperly.
Another common defense relates to FSTs or field sobriety tests. These tests depend on many factors relevant to your arrest. These tests measure dexterity, balance, and other qualities observed by the arresting officer. In short, these tests are based on the judgment of one officer. If you have a physical or mental impairment, then these conditions may offer you a defense and ultimately lead to your case being dismissed.
Contact a Sonoma County DUI Attorney at the Law Offices of Andres Rico Right Away
The Law Offices of Andres Rico provides clients with experienced DUI advocacy. We know what matters most in a DUI case and focus on everything we can to help guide you. A free case review is available by contacting our office today. When your rights need to be fought for and protected, work with a Sonoma County DUI lawyer who won’t back down from a fight.