Folsom DUI Defense Lawyers

Defending Against Drunk Driving Charges in Greater Sacramento

Driving under the influence (DUI) is a serious criminal offense in California. Even first-time offenders can face life-altering penalties in criminal court, making it crucial to secure a robust defense as soon as possible. At Walsh Law, we understand the gravity of DUI charges. Whether you made an honest mistake or going through a rough time, we believe that a minor lapse in judgment shouldn't impact the rest of your life. 

When you partner with our experienced firm, you can expect aggressive representation from start to finish. Our DUI defense attorneys have handled thousands of cases in Folsom and the surrounding areas. If you’re facing DUI charges in the Greater Sacramento Area, don’t wait to secure a well-fortified defense. Our lawyers can help you understand your legal options and determine an effective legal strategy to employ on your behalf, maximizing your chance of getting the charges dismissed or reduced.

If you were arrested for DUI in Folsom, call (916) 610-3558 to schedule a free consultation with our fierce defense lawyers.

What Constitutes DUI Under California Law?

In California, it’s illegal to operate a motor vehicle while impaired by drugs, alcohol, or a combination of both. Potential penalties include fines, license suspension, mandatory DUI education programs, and incarceration, especially for repeat offenders. 

Understanding BAC Limits for DUI

Driving with a blood alcohol concentration (BAC) of 0.08% or higher can lead to a DUI arrest and jeopardize your freedom. This threshold is even stricter for commercial vehicle drivers, who can face a DUI conviction with a BAC of 0.04% or higher. For drivers under the age of 21, any measurable amount of alcohol in their system can result in a DUI charge. 

Can I Be Arrested for DUI if My BAC Is Under the Legal Limit?

Yes, you can still be charged with DUI if your BAC is less than 0.08%. California is a zero-tolerance state, meaning that any amount of alcohol or drugs in your system can result in a DUI conviction. If the law enforcement officer believes you are impaired and unable to operate a vehicle safely, they have the discretion to arrest you, regardless of your BAC. 

Common DUI Offenses We Defend Against

If you were arrested for driving under the influence, consulting with a qualified defense lawyer is critical to avoiding the life-changing consequences of a DUI conviction. At Walsh Law, our attorneys represent Californians facing a wide range of DUI charges. Common DUI offenses we defend against include: 

• First-Time DUI: First-time DUI offenders are typically guilty of a misdemeanor offense. This applies if the driver hasn’t received a DUI in the last 10 years (known as the “lookback period”) or has never received a DUI at all. Keep in mind that even a first-time DUI conviction can carry harsh penalties. If the DUI involved aggravated circumstances, the penalties may be enhanced to felony charges, making it crucial to secure a skilled defense as soon as possible.   
• Multiple DUI: Drivers with one or more prior DUI convictions within the ten-year lookback period can face enhanced penalties, including a felony conviction. This applies regardless of whether the prior DUI offenses were received in California or out of state. 
• Per Se DUI: A “per se” DUI is based solely on a driver’s BAC level. Under California’s Administrative Per Se law, the DMV is required to suspend driving privileges for drivers who operate a vehicle with a BAC of 0.08% or higher, even if they didn’t exhibit signs of impairment.
• DUI with a High BAC: Under California Vehicle Code §23578 VC, drivers can face charges for DUI with a high BAC when their BAC is 0.15% or higher. This is considered an aggravating factor in DUI cases that can result in harsher penalties if convicted.
• Felony DUI: A felony DUI is a serious offense that carries severe penalties. Even first-time DUI offenders can face a felony DUI conviction if aggravating factors are present. Keep in mind that there is no "washout period" for a felony DUI, meaning that a felony DUI will always count against you regardless of when you received it. 
• Underage DUI: It’s illegal for anyone under the age of 21 to operate a vehicle with 0.05% or more measurable amount of alcohol in their system under California’s zero-tolerance policy (§23140 VC). This means that even if the underage driver does not exhibit signs of impairment, they can still face a DUI arrest.
• Commercial DUI: A commercial DUI applies specifically to drivers with a commercial driver’s license (CDL). Under §23152(d) VC, the BAC limit for CDL drivers is 0.04%, which is significantly lower than the 0.08% limit for non-commercial drivers. Because CDL drivers are responsible for operating large and potentially dangerous vehicles, California law holds them to a higher standard when it comes to alcohol use.
• Drug DUI: DUI isn’t restricted to alcohol. It’s also illegal to drive under the influence of drugs. A drug DUI isn’t limited to illicit drugs, but extends to lawfully prescribed drugs, over-the-counter medications, and other substances that impair your ability to drive safely.

When Is DUI a Felony in California?

In some cases, a DUI may be escalated to a felony offense, resulting in enhanced penalties. Some circumstances where a DUI may be escalated to a felony include: 

• Committing a fourth DUI offense within 10 years (§23550 VC)
• Committing a DUI resulting in bodily injury (§23153 VC)
• Committing a DUI resulting in death (§191.5 PC)

Penalties for a DUI in California

The exact penalties of a DUI conviction depend on the specific details of the case. Some key factors include any prior convictions and whether the DUI involved aggravating circumstances (such as bodily injury or death). Below are potential penalties for first, second, and third DUI offenses: 

• First DUI: A first DUI conviction is punishable by up to 6 months in jail, up to $2,000 in fines, and driver’s license suspension for 6-10 months. 
• Second DUI: A second DUI conviction is punishable by up to 1 year in jail, up to $3,000 in fines, and driver’s license suspension for 1-3 years.
• Third DUI: A third DUI conviction is punishable by up to 3 years in prison, up to $5,000 in fines, and driver’s license suspension for three or more years. 

Additional consequences may include DUI education courses, the completion of a substance abuse treatment program, and mandatory installation of an ignition interlock device (IID). Keep in mind that these penalties may increase if your actions result in injury or death, and CDL drivers may face higher fines.

How Long Does a DUI Stay on Your Record in California?

A DUI conviction in California remains on your driving record for 10 years. This period begins from the date of the arrest, and during this time, the DUI will be visible to law enforcement, insurance companies, and the Department of Motor Vehicles (DMV). Having a DUI on your record can lead to increased insurance premiums and may impact employment opportunities, especially in jobs requiring driving.

Additionally, a DUI is considered a “priorable” offense in California. This means that if you are convicted of another DUI within 10 years, the penalties will be more severe. Subsequent offenses may result in longer license suspensions, higher fines, and extended jail time.

While the DUI remains on your driving record for a decade, it is possible to have the conviction expunged from your criminal record under certain conditions. Expungement can remove the DUI from public criminal records, though it will still appear on your driving record and may be considered in future DUI cases.

A Sacramento DUI lawyer can provide guidance on how to manage the consequences of a DUI conviction and discuss options for expungement after the sentence and probation requirements are fulfilled.

Contact our Folsom DUI defense attorneys by calling (916) 610-3558 today!