Santa Rosa DUI Attorney

The factors that determine sentencing after a DUI can either be “mitigating,” such as being a first-time offender with a clean record, or “aggravating,” which carries harsher penalties. In California, a DUI itself isn’t “aggravated,” but a DUI charge has aggravating factors, making it more serious in the law's eyes.

Some examples of aggravating factors for a DUI include:

• Prior DUI convictions: The more DUI convictions you get over time, the harsher the penalties will be, as it indicates to the judge you are a high-risk driver.
• High BAC: If you had a high amount of alcohol in your system at the time of the offense, this will be used against you. Usually a high BAC is considered anything at or above 0.15%.
• Reckless driving: Standard reckless driving alone is enough to put a convicted motorist in jail for up to 90 days, as well as fines between $145 and $1,000.
• Excessive speeding: Driving more than 20 MPH over the speed limit is considered an excessive speed and can be an indication that your judgment was impaired while operating a vehicle.
• Driving on a suspended license: If your license was canceled, revoked, or otherwise suspended, you are not allowed to drive by California law.
• Causing injuries or property damage: A felony DUI involves injury or death to multiple victims, which result in a one-year prison sentence enhancement per victim, with a maximum penalty of three years.
• Having a child in the vehicle: If a child under the age of 14 was present at the time of the DUI offense, it results in enhanced penalties, including increased jail sentences. Those convicted could face 48 hours in jail for the first minor-passenger offense, 10 days for the second conviction, and 30 days for the third offense.

The state of California has several strict requirements that you must meet to be considered eligible to have your DUI charges removed from your record. Each of these requirements must be met, and it can take some time to be eligible.

• Probation: You must have completed your probation period to be eligible for expungement. For many first-time offenders, this period can be between 3 and 5 years. If your DUI was considered a misdemeanor charge, you may not have been sentenced to probation, but you still must wait one year before you can apply for expungement in California. It may be possible to petition the court to have your probation length shortened or terminated, but many judges are reluctant to shorten probation periods.
• Fines & Restitutions: If you have been ordered to pay fines or restitution for your crime, you must complete these payments. The court will verify if these expenses have been paid. If so, you may be able to have your DUI charge expunged from your record.
• Other Charges or Sentences: If you wish to have your DUI charge removed from your record, you must also have a clean criminal history since the charge. This means that you cannot be facing trial for another crime or be serving a sentence for another charge. It is likely that your probation period will not end unless you have not been accused of any other crimes, but it is important to remember that a later charge may harm your ability to have your DUI charge expunged.

One of the fastest ways for the prosecution to lose a case is for them to be stripped of their evidence by it being rendered inadmissible. One of the surefire ways for a Santa Rosa DUI attorney to render evidence as inadmissible in a DUI case is to prove that the stop was unlawful. But this is when matters begin to get complicated. When is a stop unlawful? What reasons must a police officer have when pulling you over on suspicion of a DUI?

Probable Cause in Santa Rosa DUI Cases

• Observable Traffic Violations: The officer must witness you committing a traffic violation, such as speeding, running a red light, weaving in and out of lanes, or driving with faulty lights.
• Erratic Driving: If the officer observes behavior like swerving, braking erratically, or driving slowly without reason, they can pull you over.
• Other Signs of Intoxication: Signs like the smell of alcohol, bloodshot eyes, slurred speech, or fumbling for documents can give reasonable suspicion.

What about sobriety checkpoints and traffic stops where everyone needs to pull over and talk to the police? These are allowed as long as the checkpoint location was publicly announced in advance.

In Heien v. North Carolina, a case where a driver was pulled over for a dysfunctional taillight and later arrested for drugs, the Supreme Court ruled that the officer’s stop was constitutional despite the taillight being legal in North Carolina. This ruling shows that misunderstandings by the officer, like cellphone use, can still justify a stop.

Those accused of DUI should absolutely fight back with a Santa Rosa lawyer. A conviction can have life-changing consequences, affecting:

• Your Career: A DUI on your record can disqualify you from jobs, especially those involving driving.
• College or University: DUI convictions can affect school admissions, scholarships, and could lead to suspension or expulsion.
• Auto Insurance Rates: Your premiums could double or triple, or your coverage might be canceled entirely.
• Your Freedoms: You may be required to install an ignition interlock device and face driving restrictions.
• The Evidence May Not Be Valid: If law enforcement makes errors, evidence can be thrown out, leading to dropped charges.

A BAC of 0.08 or higher is considered legally intoxicated for standard drivers, 0.04 for commercial drivers, and 0.01 for those under 21.

Yes, you can be arrested for a DUI with any detectable BAC or if suspected of drug impairment.

If you have not yet been arrested, field sobriety tests (FSTs) are usually optional. However, refusing a mandatory FST can result in immediate license suspension.

Penalties can increase if you have prior DUI convictions, if someone was injured, or if a child was in the vehicle.

California uses a ten-year lookback period for DUI cases. Any DUI conviction within this period can lead to harsher penalties.

You may be able to reduce your DUI to a “wet reckless” charge, which has lesser penalties, such as less jail time, no license suspension, and lower fines.