California Auto and Car Accident Lawyers | Sacramento Injury Attorneys | Demas & Rosenthal

Sacramento Drunk Driver Accident Lawyers

Driving while under the influence of alcohol is a serious offense (with strict penalties) which places other motorists, pedestrians and any passengers in direct harm. If an accident occurs as a result of drunk driving, the consequences, both logistically and legally, become much more severe.   For instance, California law mandates that anyone operating a motor vehicle with a Blood Alcohol Level (BAC) of .08 faces misdemeanor DUI charges with a maximum penalty of one year jail time.  However, when it is found that a motorist exceeds the legal blood alcohol content and caused personal injury or property damage as a result, they face felony DUI charges with much steeper penalties. Additionally, if someone is killed in an accident caused by a driver under the influence, vehicular manslaughter charges could be levied in addition to any DUI charges filed. Sacramento drunk driver accident lawyers can prepare a legal defense which could lessen the financial penalties as well as decreasing the risk of serving jail time. 

It is important for citizens to know their rights if ever involved in an accident caused by driving while drunk. Knowing your rights will not only prevent further incriminating evidence from being collected while allowing Sacramento drunk driver accident lawyers to determine of any of these rights were violated.  California law does not allow a citizen to contact an attorney until an arrest is made. However, a citizen may exercise certain civil rights during the field sobriety tests to ensure any evidence collected is done so correctly and legally while within the boundaries of federal and state legal protocol. 

For instance, while a refusing to submit to a chemical test can result in the automatic one year suspension of driver’s license, an individual is allowed by California law to refuse any field sobriety tests at the scene of the accident. These tests are administered by the arresting police officers and usually check the overall level of awareness, reaction time and motor skill coordination of an individual to gauge whether or not he or she may be impaired by drugs or alcohol.  Sacramento drunk driver accident lawyers often advise citizens of this right to prevent further incriminating evidence which will be later used in court to be collected as a result of field sobriety tests.

Additionally, once an arrest is formally made for driving under the influence, the arresting officer should advise the individual of their right to remain silent. Exercising this right until you are able to contact a qualified team of Sacramento drunk driver accident lawyers is a very prudent choice as, again it can decrease the amount of incriminating evidence later presented at trial.

Once an individual arrested for DUI is able to contact a firm of Sacramento drunk driver accident lawyers, they will be advised about their rights and duties under the law during the trial process. For instance, California DUI law mandates immediate confiscation of driver’s license upon arrest and the issuance of a pink temporary license. Once this occurs an individual may request a hearing before the Department of Motor vehicles to retain their license until they are convicted.  However, failure to do so within ten days will be considered a waiver of this right and license suspension will begin thirty days following the arrest.  Sacramento drunk driver accident lawyers can advise client of this right, among others, and help to prepare the best possible case specific to the circumstances.