Sacramento DUI Defense Lawyer
Seasoned Representation for Drivers in Sacramento County, CA
Driving under the influence (DUI) charges are often misunderstood. It is common among drivers to need clarification about the legal process and potential outcomes. A prevailing belief is that a DUI charge is indefensible and automatically results in severe penalties.
Many assume that failing a breathalyzer test guarantees a conviction and that hiring an attorney is an unnecessary expense. It is crucial to clarify these misconceptions and recognize that, with proper legal representation, DUI charges can be challenged effectively.
An experienced and knowledgeable DUI defense attorney is essential. Attorney Martinez is well-versed in the technical and legal aspects of DUI cases and has the skills to challenge evidence and navigate court procedures. Mr. Martinez has a proven track record in defending clients.
Furthermore, as a former prosecutor, he thoroughly understands how the state aggressively operates to turn charges into convictions. Because of his inside knowledge, he knows how to investigate cases for flaws and weaknesses that can undermine the arguments against you and result in favorable results.
Book a free case review with our Sacramento DUI defense attorney at Law Office of Mathew Martinez. Call (916) 318-5142 or email us via our contact form. Hablamos español.
DUI Charges in California
Under California law, it is unlawful for a person to drive a vehicle:
- Who is under the influence of any alcoholic beverage
- Who has a blood alcohol concentration (BAC) of .08 percent or higher (the legal limit)
- Who is under the influence of any drug
- Who is under the combined influence of alcohol and drugs
You can be charged with DUI with a BAC less than the legal limit if your ability to drive safely is impaired by alcohol or drugs. Impairment can include reduced judgment, coordination, reaction time, and concentration.
The BAC limit for driving a vehicle requiring a commercial driver’s license is .04 percent. Drivers under 21 can be arrested for DUI with a BAC of .01 percent.
Furthermore, per the California DMV’s driver’s handbook, you can be arrested for DUI after taking any drug, including prescription medicines or over-the-counter products.
DUI Penalties in Sacramento
DUI penalties depend on your BAC level, whether it is a first or repeat offense, and whether you caused any injury. Penalties increase with subsequent offenses. Engaging with our Sacramento DUI defense attorney can help navigate these challenges and potentially mitigate the consequences.
First DUI Offense
- Fines and fees: Typically range from $390 to $1,000, plus additional penalty assessments that can significantly increase the total cost.
- License suspension: A six-month suspension, but you may be eligible for a restricted license. Once your suspension ends, you must pay reinstatement fees to regain your license.
- DUI school: Mandatory attendance at a DUI education program, usually lasting three months.
- Probation: Informal probation for three to five years.
- Jail time: Potentially up to six months in county jail, though this can sometimes be converted to probation or community service.
- Ignition interlock device: The installation of this breathalyzer device prevents your vehicle from starting if it detects alcohol on your breath.
Second DUI Offense
For a second DUI offense within ten years of the first, penalties become more severe:
- Fines: Generally between $390 and $1,500.
- License Suspension: A two-year suspension, with eligibility for a restricted license after 90 days if you complete a DUI program.
- Jail Time: Up to one year in county jail, though many may qualify for probation or reduced sentences.
- DUI Program: Required completion of a longer DUI education program, typically lasting 18 months.
- Ignition Interlock Device (IID): Courts may require the installation of an IID on any vehicle you drive.
Third and Subsequent DUI Offenses
For third DUI offenses within ten years, the penalties escalate further:
- Fines: Generally between $390 and $1,500.
- License Suspension: A three-year suspension of driving privileges, with eligibility for a restricted license after six months if you complete a DUI program.
- Jail Time: Up to one year in county jail, and in some cases, mandatory state prison time may apply.
- DUI Program: Participation in a DUI education program lasting 18 months or longer.
- IID Requirement: Courts will typically mandate an IID installation for a specified period.
A DUI conviction will also raise your insurance rates. Your DUI conviction will stay on your record for 10 years. If you commit a new DUI during this time, it will be prosecuted as a repeat offense with harsher penalties.
The court typically imposes enhanced penalties if your BAC is 0.15 percent or higher. These can include longer jail sentences, higher fines, and more stringent probation conditions.
A dedicated Sacramento DUI defense lawyer from the Law Office of Mathew Martinez can help navigate the complexities of your case, ensuring that your rights are protected and that you receive the best possible defense.
What Sets Us Apart
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Free ConsultationsWe believe everyone deserves access to quality legal guidance, which is why we offer free consultations.
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Trial-Tested RepresentationWith more than 60 jury trials under his belt, Attorney Martinez brings unmatched experience to every case, ensuring you're represented by a seasoned professional.
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Strategic ApproachWe believe in fighting for our clients with unwavering dedication and providing clear, strategic guidance every step of the way.
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Aggressive, Experienced DefenseWith 20+ years of experience, including 13 as a prosecutor, Attorney Martinez is known for his relentless, aggressive defense.
Understanding Aggravating Factors
Aggravating factors in a DUI charge in Sacramento can significantly increase penalties and include having a blood alcohol concentration (BAC) of 0.15% or higher, having a history prior DUI offenses or criminal record, having the presence of a minor in the vehicle (child endangerment), causing accidents resulting in injury or fatality, demonstrating reckless driving behavior, refusing to submit to chemical testing, and having open containers of alcohol in the vehicle.
Each of these factors can lead to harsher fines, longer license suspensions, increased jail time, and the potential for felony charges, making it essential for individuals facing DUI charges to understand these factors and seek skilled legal representation from our Sacramento DUI defense lawyer.
Challenging Sacramento DUI Charges
As mentioned above, DUI charges can be challenged. You will need an attorney who understands the complexities of DUI law and arrests and what to look for in finding weaknesses in the prosecutor’s case.
The following can be investigated to challenge DUI charges:
- Traffic stop legality: Examining whether the police had a valid reason or probable cause to make the initial traffic stop.
- Field sobriety tests: Evaluating the administration and conditions of field sobriety tests to determine if they were conducted properly and fairly.
- Breathalyzer accuracy: Checking the calibration and maintenance records and the officer’s protocol for using the device to determine the accuracy of its readings.
- Blood test procedures: Reviewing the handling and analysis of blood samples for any procedural errors or contamination.
- Officer conduct: Investigating the behavior and statements of the arresting officer for any signs of misconduct or bias.
- Miranda rights: Ensuring the defendant's Miranda rights were read and understood appropriately.
- Medical conditions: Considering any medical conditions or medications that could have affected the BAC results or your behavior.
- Video evidence: Analyzing dashcams or bodycam footage for inconsistencies or evidence contradicting the officer's report.
By scrutinizing these aspects, our DUI lawyer in Sacramento can identify potential defenses or procedural errors that can undermine the validity of the charges.
Possible Outcomes of a DUI Case
Every DUI case is different, and the outcomes can vary based on numerous factors, including prior convictions, the specifics of the arrest, and the effectiveness of your defense strategy. Possible outcomes may include:
- Dismissal of Charges: If significant flaws in the prosecution’s case are uncovered, it may lead to a dismissal of charges.
- Reduction of Charges: A plea deal may result in reduced charges, such as from a DUI to a lesser charge like reckless driving.
- Alternative Sentencing: In some cases, alternative sentencing options such as alcohol education programs or community service may be available, particularly for first-time offenders.
Choose Law Office of Mathew Martinez for Competent Legal Help in Sacramento DUI Cases
Being arrested and charged with a DUI can be a stressful, humiliating, and daunting matter. You will need an attorney competent in investigating your arrest, building your defense, and aggressively presenting it before prosecutors and judges.
Attorney Martinez has a deep understanding of California DUI law and its complexities. As a former prosecutor, he has a firm grasp on what must be done to potentially challenge evidence that could lead to reduced or dropped charges. We meticulously analyze every detail of your case to protect your rights and achieve the best possible outcome.
Contact us online or at (916) 318-5142 to consult our Sacramento DUI defense attorney about your arrest and charges today.
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Matthew is a great lawyer who understands his client's needs. Took me on when everyone was trying to bring me down. Did not give embellished ideas. Was straight, honest and concise. You can not go wrong Matthew. Thank you sir if I could give you a hundred stars I would.David M.
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Azul A.
I highly recommend attorney Mathew Martinez. He did everything he could to successfully represent me in court, and consequently, I was able to walk charge free due to Mr. Martinez's persistence. He is incredibly professional and dedicated, and as such, I highly recommend attorney Mathew Martinez.
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“I myself have worked in legal services for over a decade with my own profession licenses and I rarely if ever come across an individual with his level of caring, attention to detail, and expertise.”Jeffrey H.
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“His experience as a DA puts him ahead of all others. He is a good honest attorney that can be trusted.”Dawn S.
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I would recommend Matt to anyone without hesitation. He went above and beyond to help me in a time of need, ease my nerves about the process and work professionally.Timothy M.
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“I wish there was option to give Mathew more than five stars because he truly deserves it.”Lala G.
