Many people who received a charge for Driving Under the Influence the just go to Court, accept the sentence of the District Attorney or Judge, and plead guilty. It is unwise for you to do so without consulting with an attorney as to your case because you may have some strong defenses to the charges.  Following is a summary of your rights, defenses, and consequences of a D.U.I.

Driving Under the Influence Defined

It is illegal to drive under the influence of alcohol or an intoxicating drug.  It is also illegal to drive with a blood-alcohol level of above .08% of alcohol per liter of blood.  The prosecution must prove that you were driving a vehicle and that as a result of drinking or taking a drug your physical or mental abilities were so impaired that you no longer had the ability to drive the vehicle with the caution of a sober person.

If it is established that at the time of the driving that you were driving your vehicle with a .08% or higher, the jury can infer that you were under the influence.

Driving with a .08% or above is established if your breath or blood test is given within three hours after you operated the vehicle and your reading is .08% or more.

Driving Under the Influence of Drugs

It is also illegal to drive under the influence of an intoxicating drug.  One common misperception is that it is not illegal to drive under the influence of a drug that you are prescribed.  Unfortunately, this is not the case and even if your doctor has prescribed a drug for you and it causes you to operate a vehicle in an imprudent manner you are still guilty of D.U.I.

Defenses to D.U.I.

One strong and common defense to D.U.I. is that you were not operating the vehicle.  If the Officer did not witness you driving such as when there is an accident and he or she comes on the scene later, they may not be able to prove the case against you. Usually the way that someone is caught is that they incriminate themselves by admitting to the officer that they were driving. Police Officers can be intimidating and it is a natural tendency to want to explain yourself.  However, it is much wiser to tell an Officer that you don’t wish to speak to him and stand on your rights against self-incrimination. That way, you will not have to admit to the Officer that you were driving the vehicle.

Another useful defense is the “last gulp” defense. The theory is that you were not intoxicated while you were driving, but the test you gave (usually an hour after the driving) read inappropriately high because you took a couple of drinks just before you drove and the drinks were still not in your system when you drove.  Instead, you metabolized the drinks later, so they showed up on your test.

If your test was at the .08% level or slightly higher, you can often argue to the D.A. that there is an inherent error of the machine of .01% so that you were not actually above the legal limit.  This defense is useful in getting a reduced charge of alcohol related reckless driving from the D.A.

Consequences of a D.U.I. Conviction

If you are convicted of a D.U.I. your driver’s license will be suspended by the Department of Motor Vehicles for a period of six months.  If you enroll in a Drinking Driver Program you can than get a restricted license after a 30 day suspension. If you enroll in the program your license will then be restricted for the 5 months to drive to and from work, during the course and scope of your work, and to and from the program.

It is a wise idea to immediately request a hearing on your license suspension before the D.M.V. within ten days of receiving your ticket. That way, you can at least delay the suspension, and an experienced attorney may find a way that your driving privilege can be preserved.

Another consequence of driving under the influence of alcohol is that you must do a three month drinking driver program. The programs are private programs, so that you must pay a fee, generally around $500 to attend the program. Payments are usually available.

As to jail time, commonly the Court will give you anything from the minimum sentence of two days, up to 30 days on a first offense D.U.I. Most courts will let you do the sentence on some type of alternative sentencing which usually involves doing work for the county or for a volunteer agency.

The final consequence of a D.U.I. is the payment of a fine. Depending on what County you are in the fine will be between $2,000 to $2500 on a first offense D.U.I. Payments are available to you.

Protecting Your Legal Rights

As mentioned above, it is very important that you protect your legal rights by consulting with an attorney before you take any action on your case. Contact me, David Foos of the Law Offices of Bowman and Associates at (916) 923-2800 or  dfoos@bowmanandassoc.com if I can be of assistance. The initial consultation is always free and I offer competitive rates.  I have eight years experience as a Public Defender and then was a judicial officer for 16 years often being the judge on D.U.I. cases. So, as you can see, I have practiced these cases from both vantage points and know how to best help you.

Former California Superior Court Commissioner, and Sacramento Criminal Defense Attorney David P. Foos helps clients across California. If you or someone you know has legal questions regarding a car accident, DUI, sexual harassment case and more, David P. Foos is an aggressive advocate for your rights.