Placer County DUI

If you've been arrested for driving under the influence in Placer County - including Roseville, Auburn, and Rocklin - you need a quality, experienced Placer County DUI attorney who will fight aggressively to defend you. My nearly 20 years in criminal law and previous experience as a prosecutor help be build an effective defense for each of my clients. Call me at (916) 442-1200 for a confidential and free consultation regarding your case.

DUICalifornia Vehicle Code 23152 (a) makes it illegal to drive while under the influence of alcohol or drugs, while VC 23152 (b) specifically outlaws driving with a blood alcohol content (BAC) of 0.08% or higher. Possible penalties for conviction for DUI include time in county jail, probation, fines, a DUI education class , and counseling. In general, a violation of Vehicle Code 23152 (a) or (b) is charged as a misdemeanor. However, a fourth DUI violation within ten years will be charged as a felony.

As of July 1, 2010, a conviction for a 2nd or 3rd DUI within 10 years comes with the option of a reduced license suspension period if the convicted person agrees to install Ignition Interlock Devices on his/her vehicles. After a second DUI, a restricted driver's license - which allows driving to and from DUI education classes and in the course of employment - may be obtained after completion of 90 days of the license suspension. After a third DUI, a restricted driver's license may be obtained after completion of 6 months of the license suspension period.

Note, however, that AB 1601, which took effect January 1, 2012, gives judges the authority to impose license suspensions of up to ten years when a person receives three DUI convictions within a 10 year period.

DUI with InjuryVC 23153 (a) makes it illegal to injure someone else while driving under the influence of alcohol or drugs. VC 23153 (b) makes it illegal to injure someone else while driving with a BAC of 0.08% or higher. Possible penalties for a DUI with injury conviction - time in county jail or state prison, probation, fines, a DUI education class, and counseling - are more serious than those for a straight DUI. Under California law, DUI with injury is a 'wobbler', which means that it can be charged as either a felony or a misdemeanor depending on the circumstances of the incident.

As of July 1, 2010, conviction for a 2nd or subsequent DUI with injury within 10 years comes with the option of a shortened license suspension period if the convicted person installs Ignition Interlock Devices on his/her vehicles. A restricted license - which allows driving to and from DUI education classes and in the course of employment - may be obtained after completion of 12 months of the license suspension.

However, as stated above, note that AB 1601, which took effect January 1, 2012, gives judges the authority to impose license suspensions of up to ten years when a person receives three DUI convictions within a 10 year period.

DMV HearingsIf you've been arrested for DUI in Placer County, your case will undergo two separate reviews. One will take place in the Placer County Superior Court and involve the district attorney's office, the police/sheriff/CHP, a judge, and your DUI lawyer. Another review will take place in an Administrative Per Se hearing at the Department of Motor Vehicles office in Sacramento. The purpose of this hearing is solely to determine whether DMV will suspend your driver's license. The Admin Per Se hearing involves only a DMV Hearing Officer, the police/sheriff/CHP, and the defendant and his/her attorney. Different rules of evidence and procedures are used in this Admin Per Se hearing than are used in the superior court. Most importantly, what is decided in the superior court has no influence on what happens at the DMV hearing, and visa versa. Thus, a person could have the charges dismissed by the district attorney's office or be found not guilty of a DUI in a superior court proceeding and still have his/her driver's license suspended by DMV.

Free and Confidential ConsultationDUI law in California is intimidating and complicated, and Placer County takes a particularly hard stand against DUI violations. If you've been arrested for DUI in Placer County, call me at (916) 442-1200 for a free and confidential consultation.