Yolo County DUI

The law pertaining to drunk driving changes often, usually imposing harsher penalties. If you've been charged with DUI in Yolo County - including Davis, Woodland, and West Sacramento - it's necessary to have an experienced Yolo County DUI attorney who knows the law and will fight for your rights. Before starting my criminal defense practice, I served for six years as a prosector in the Yolo County District Attorney's Office. My knowledge of the Yolo County court system helps me build an effective defense for each of my clients charged with DUI.

DUIUnder Vehicle Code 23152 (a), it is a crime to drive under the influence of alcohol or drugs. A separate code - VC 23152 (b) - states that it is illegal to drive with a (BAC) blood alcohol content of 0.08 percent or more. VC 23152 (a) and (b) violations are generally charged as misdemeanors, though a 4th violation within ten years will result in a felony charge.

Drivers facing 2nd or 3rd DUI convictions within a 10 year period can get a shorter license suspension if they have an Ignition Interlock Device (IID) installed on their vehicle. Someone convicted of a 2nd DUI can get a restricted license after finishing 90 days of the license suspension, while someone convicted of a 3rd DUI can get a restricted license after completing six months of the suspension. (With a restricted license you may drive for employment and to and from drunk driving education classes.)

It's important to keep in mind, though, that if a person gets a 3rd DUI within a 10 year period a judge has the ability to impose a license suspension of up to 10 years.

DUI with InjuryUnder VC 23153 (a) it is against the law to injure someone while driving under the influence of alcohol or drugs, while VC 23153 (b) declares it against the law to injure a person while driving with a BAC of 0.08% or more. The consequences are more severe for DUI with injury than for straight drunk driving. DUI with injury is a 'wobbler,' meaning prosecutors can charge it as either a felony or a misdemeanor.

A driver convicted of a 2nd or subsequent DUI with injury within a 10 year period can get a shorter license suspension if he/she agrees to install an Ignition Interlock Device (IID) on their vehicle. Specifically, he/she can get a restricted license after finishing 12 months of the suspension.

As stated above, a 3rd drunk driving conviction within a 10 year period gives a judge the ability to suspend a license for up to ten years.

Cycling Under the InfluenceVC 21200 declares it against the law to ride a bicycle under the influence of alcohol or drugs. Unlike the laws for operating a motor vehicle, however, no specific blood alcohol content is defined. Because of this, each law enforcement officer has the discretion to determine whether someone is riding a bicycle under the influence. Penalties for cycling under the influence (CUI) include placement of the CUI on the DMV driving record and a maximum $250 fine. A conviction for CUI, however, does not result in driving restrictions or penalty points for auto insurance.

DMV HearingsA drunk driving arrest in Yolo County means that your case will be subjected to two different processes. The one that people are most familiar with is the criminal legal process that involves the courts, D.A.'s office, and law enforcement. The other less well known process is an administrative review that takes place at the DMV office in Sacramento, through what is called an Administrative Per Se hearing. The focus of this hearing is strictly whether the defendant will have his/her license suspended by DMV. Different procedures and rules of evidence apply to this hearing than apply to a criminal court proceeding, and the only personnel involved are the police/sheriff/CHP, the DMV Hearing Officer, and the defendant and his/her attorney. Most significantly, the outcome of one process has no bearing on what happens in the other process. That means that a person could have DUI charges dismissed in the courts and still have DMV suspend his/her license.

Free and Confidential ConsultationIf you've been arrested for drunk driving in Yolo County, call me at (916) 442-1200 for a confidential and free consultation.