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

 

Sacramento DWI | DUI Accident Lawyers

Being arrested and convicted for a DUI can be a frightening, time-consuming and financially costly experience that could result in thousands of dollars in fines, mandatory driver’s education, driver’s license suspension and/or possible jail time. Additionally, the laws surrounding the offense of driving while intoxicated are complex, steeped in legalese and contain many variables which must be considered. If an accident occurs as a result of driving while impaired in the state of California, any subsequent charges become more severe and more heavily punished. It is therefore imperative that qualified Sacramento DWI accident lawyers be consulted immediately after an arrest for an accident in which driving under the influence is the suspected cause.

California DUI law (Driving Under the Influence of Intoxicating Liquor or Drugs) sets the maximum legal blood alcohol content level (BAC) of a driver at .08%.  Generally, a first DUI offense which involved no property or personal injury is a misdemeanor in the State of California with a maximum one year jail sentence.  However, if property damage or personal injury resulted from driving while impaired by drugs or alcohol in the state of California, the penalties increase per the severity of the damages or injuries incurred. In the case of personal injury or property damage, it is considered felony DUI under California law and it is especially crucial to retain a firm of qualified Sacramento DUI accident lawyers to prepare the best possible defense for the individual circumstances. In the most severe cases of DWI, those in which a death occurred, vehicular manslaughter charges may be levied against the driver suspected of being impaired.

California law does not allow for a person under suspicion of driving while intoxicated to contact Sacramento DWI accident lawyers in the field, only after an arrest has been made. This means that after a DWI accident occurs, field sobriety tests will be performed (usually a breathalyzer test) and if arrested for DWI, a driver may contact a lawyer only after being booked with the arresting police department. In the field and during sobriety tests, it is advised to exercise your right to remain silent until you are able to consult with Sacramento DWI accident lawyers as to not make any incriminating statements which can be used as evidence during a trial. 

Additionally, it is important to try and pay as close attention to detail during the arrest process as possible. There are various defenses which could be employed by Sacramento DUI accident lawyers regarding the protocol and procedures followed by the arresting officers in the field. For example, failure to follow protocol while administering chemical testing can result in faulty readings and wrongful convictions. Additionally, if it is found that a person’s civil rights were violated or state protocol for a DWI arrest was not followed, the charges can be contested on the grounds of being unlawful. Therefore, being able to provide your attorney with as much detail as possible regarding the incident to help facilitate a stronger defense, more tailored to your specific circumstances.