Sacramento Driving Under The Influence (DUI) Attorney

The obvious advantage of using a public defender is that they are free. However, the old saying, “You get what you pay for,” has some truth to it – the downside of using a public defender is that they are often overburdened with a massive caseload. What this means is that they will often have very little time for your case, and minimal time to speak with you. Because of their massive caseload, they are incentivized not to fight your case as hard as possible, and instead, to simply move your case through the system. When you hire Akaash Nagra of Nagra Law Firm, P.C., what you get instead is an experienced defense attorney with a background as BOTH a former prosecutor AND former public defender. Mr. Nagra has the knowledge, resources, and skill to fight your case as aggressively as possible, rather than trying to make you plead guilty as soon as possible, as public defenders often do to their clients.

As both a prosecutor and defense attorney, Mr. Nagra has handled hundreds if not thousands of DUI cases of all different types.

The most common ways that people are caught committing a DUI are after a traffic collision, or after being pulled over for other traffic violations such as speeding, swerving, expired registration, etc.

Generally, when someone is arrested for an alcohol-related DUI in California, the arresting officer will confiscate your license and issue you an Order of Suspension and temporary license. The temporary license lasts 30 days from the date the order of suspension was issued, at which point the suspension goes into effect. You have the right to a DMV Administrative Hearing to challenge the suspension of your license, but you must request it within 10 days of your arrest, otherwise it is too late! Therefore, if you are arrested for a DUI, it is crucial to call us A.S.A.P.

A DMV Hearing usually refers to the DMV Administrative Per Se Hearing referenced in the question above. You have the right to a DMV Hearing to challenge the suspension of your license after you are arrested for a DUI, but you must request it within 10 days of your arrest. Call Nagra Law Firm right away to challenge the suspension of your license after a DUI, otherwise you will automatically lose your privilege to drive a vehicle.

The time limit to request a DMV hearing is 10 days from the date of the Order of Suspension (date of arrest). If you miss the time limit, then there is no way to challenge the administrative suspension of your driver’s license.

You can go to jail for driving on a suspended license in California. It is a misdemeanor crime, under Vehicle Code Section 14601 et seq. If you have been charged with driving on a suspended license, call our Sacramento suspended license lawyer today at (916)-913-1378.

Yes, Driving Under the Influence (DUI) does not only refer to driving under the influence of alcohol, it also refers to driving under the influence of drugs. In California, a drug DUI is charged under VC 23152(f). Call our expert Sacramento Drug DUI attorney today for a free consultation to discuss your case.

Legally, the fact that you may have had a prescription to take drug(s) is not a valid defense to a DUI in California courts.

Generally, no. The DMV does not administratively suspend the license of people who are arrested for a drug DUI, unless there is some other reason to suspend their license, such as also having alcohol in their system.

Also known as the “Roadside Olympics,” FSTs are the tests that police officers put suspected DUI drivers through before they are potentially arrested. Law enforcement claims that these tests are designed to detect drivers who are driving under the influence. However, some experts believe that most of these tests are not actually accurate indicators of intoxication, due to how many confounding variables can be involved and the large possibility of confirmation bias on the part of the police.

NO. You have the absolute right NOT to participate in FSTs. In this attorney’s opinion, you should always exercise that right. The police are very skilled at making you believe that completing FSTs is beneficial, but that is almost never the case.

The Preliminary Alcohol Screening (“PAS”) test is usually the last Field Sobriety Test (“FST”) given to a suspected DUI driver before they are potentially arrested. According to the police, this test determines your Blood Alcohol Level (“BAC”). Like the other FSTs, you are NOT required to submit to a PAS test, a right which this attorney advises you should exercise.

Yes. As a driver in California, if you are suspected of a DUI you must ultimately submit to a blood or evidential-grade (not PAS) breath test. This can be confusing, as you do NOT have to submit to FSTs (including the PAS test), but you DO have to submit to a blood or evidential-grade breath test. Simply put, if you are pulled over for a DUI, the only test that you are legally required to do is your choice of either a blood test or an evidential-grade breath test.

No. You have the absolute right to remain silent at all times. This attorney believes that it is generally beneficial to exercise that right in a DUI case.

Once equipped with a warrant signed by a judge, the police will then conduct a forced blood draw, which means that they can literally hold your body down with force while a nurse obtains your blood sample.

Generally, .08% Blood Alcohol Level (“BAC”) is the per se legal limit to drink and drive in California under VC 23152(b). The limit is lower, at .04% BAC, for commercial license holders, and just .01% BAC for people under 21 or currently on DUI probation.

Yes, under VC23152(a), technically even if you are under a .08% BAC you can still get a DUI if law enforcement can show that because of your drinking, you were too impaired to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances.

No. Historically, the legal limit was higher. It was lowered over time. Always be sure to follow the current laws. Call our Sacramento DUI attorney if you have any questions.

The answer will vary based on a person’s body size and other factors, but an approximate answer for a person of average size is roughly four standard drinks.

Yes, all DUI cases carry the potential of jail time in California. Even for a first-time DUI, the maximum sentence is one year in jail.

The typical punishment for a DUI is usually some amount of jail time or community service; probation; fines; license suspension; DUI classes; and two points on your driver’s license from the DMV, which usually increases insurance premiums.

Yes. A DUI case can be beaten completely if you are found not guilty at trial, or if the prosecutor dismisses the case. One circumstance in which prosecutors often dismiss a DUI case is when a defense attorney’s motion to suppress evidence is granted by a judge. To learn more, contact our experienced Sacramento DUI lawyer.

Some of the most common defenses to a DUI are illegal vehicle stop; warrantless entry to a home; drinking after driving; necessity; improperly administered or preserved chemical test; medical conditions mistaken for DUI symptoms; no volitional movement; and rising blood alcohol level.

A wet reckless is a charge which is essentially a reduced version of a DUI, carrying less punishment. A wet reckless may be offered to people whose DUI was not as bad as the average. For example, perhaps someone whose blood alcohol level was just barely over the legal limit. To discuss your particular case, contact our expert Sacramento DUI lawyer.

The first court date is typically two to three months after the date of arrest. The first court date is called an arraignment. After arraignment, a DUI case may resolve immediately, or it can last over a year. It all depends on the particular case and the desired outcome of the client.

A DUI will stay on your DMV record for 10 years.

A DUI will stay on your criminal record for life, unless you are able to expunge it off your record.

Yes, because a DUI conviction results in two points on your license, it will generally increase your insurance premiums.

In a California DUI case, the prosecutor must prove volitional movement, which means they must prove that you purposefully moved your vehicle any distance while you were drunk. Simply sitting in the driver’s seat with the engine on and the car in drive and your foot on the gas pedal is NOT volitional movement unless you actually moved the vehicle.

Yes, California DUI laws do apply on private property as well as public roads.

Yes, if the previous DUI(s) occurred within 10 years of the current DUI case, they can dramatically increase the mandatory minimum jail time.

As mentioned above, the law punishes repeat offenders more harshly than first-time offenders. They generally receive more jail time, longer probation, higher fines, lengthier DUI classes, lengthier license suspensions, etc.

Contact our DUI law firm about filing a motion to suppress evidence in your case. It will be up to the prosecution to prove that a valid reason existed to pull you over. Otherwise, your entire DUI case can get dismissed!

Yes, you have the absolute right under the 6th Amendment to take your DUI case to a jury trial and have twelve ordinary members of the community decide whether or not you are guilty. At trial, you are presumed innocent unless proven guilty. The prosecution has the burden of proof beyond a reasonable doubt, and you can present witnesses or evidence of your own.

Legally, no. Although practically speaking, yes, the judge can potentially impose more punishment if you are convicted at trial than you otherwise would have received had you pled guilty to the same crime before trial. Appellate courts have made it clear that this practice violates the Defendant’s right to go to trial and is illegal, although the practice persists unofficially in some courts.

Like other cases, a prosecutor will generally try to prove a DUI case using witness testimony, and other available evidence such as chemical test results, videos, pictures, 911 calls, etc. The defense can challenge the prosecution’s evidence and present evidence of their own.

Yes, you have the absolute right to testify at your DUI trial if you wish. However, you also have the absolute right to remain silent if you wish, which means the prosecutor can NEVER call you to the witness stand nor comment on your silence during the trial.

Each case is different, and the pros and cons of each option must be carefully weighed by you and your attorney. There is no one-size-fits-all approach.

Contact our experienced Sacramento DUI attorney today at (916)-913-1378 to discuss the details of your case, and he would be happy to give you his honest opinion.