Sonoma County DUI Attorney 

A DUI arrest in Sonoma County can happen unexpectedly, even to responsible drivers. Law enforcement patrols areas like Highway 101 in Santa Rosa, Old Redwood Highway in Windsor, and the downtown districts of Petaluma and Healdsburg looking for signs of impairment.

A mistake or misunderstanding during a traffic stop can quickly lead to criminal charges, license suspension, and serious financial consequences.  

Having a knowledgeable Sonoma County DUI attorney on your side makes all the difference.

The Law Offices of Evan E. Zelig, P.C. defends clients against DUI charges throughout the area. We fight hard to protect our clients’ rights at every stage. With years of experience handling DUI cases, our firm provides aggressive representation aimed at reducing or dismissing charges whenever possible.  

If you’ve been arrested for DUI, call (707) 636-3204 now for a free initial consultation. Learn about your legal options and how to fight the charges. 

DUI in California Defined 

Does A DUI Show Up On Your Passport?

California law prohibits driving under the influence of alcohol, drugs, or a combination of both. A driver can face DUI charges in several ways, depending on the circumstances of the arrest and the type of driver’s license they hold.  

Blood Alcohol Concentration (BAC) Limits  

California enforces strict BAC limits based on the driver’s status:  

  • 0.08% or higher for drivers 21 and older operating a standard vehicle  
  • 0.04% or higher for commercial driver’s license (CDL) holders  
  • 0.01% or higher for drivers under 21 or those on DUI probation  

Even if a driver’s BAC is below the legal limit, officers can still make a DUI arrest if they believe the driver’s ability to operate a vehicle is impaired.  

DUI charges aren’t limited to alcohol consumption. California law prohibits driving under the influence of illegal drugs, prescription medications, and over-the-counter drugs that impair driving ability.

Officers may conduct blood tests or request Drug Recognition Expert (DRE) evaluations to assess impairment.  

DUI Without a Breath or Blood Test  

Drivers sometimes refuse chemical testing during a DUI stop. While this can limit direct BAC evidence, California's implied consent law imposes penalties for refusal, including automatic license suspension and increased legal consequences if convicted. 

A DUI arrest does not automatically mean a conviction. Police errors, unreliable tests, and other legal issues can create opportunities to challenge the charges. The right defense strategy can make a significant difference in the outcome of a case.

Potential Penalties for a DUI Conviction in California  

A DUI conviction in California carries serious legal and financial consequences. The severity of penalties depends on factors such as prior DUI convictions, BAC level, and whether injuries or property damage occurred.

Even a first offense can result in fines, license suspension, and mandatory DUI education programs.  

  • First DUI Offense: Fines up to $2,000, six-month license suspension, DUI school, and up to six months in jail.  
  • Second DUI Offense: Increased fines, license suspension for two years, and possible one-year jail sentence. 
  • Third DUI Offense: Mandatory jail time, a three-year license revocation, and an 18- to 30-month DUI program. 
  • Felony DUI (fourth offense or DUI involving injuries): State prison sentence, permanent license revocation, and significantly higher fines.  

Additional Penalty Enhancements  

Certain factors can increase DUI penalties, including:

  • High BAC (0.15% or higher) 
  • Refusal to submit to chemical testing  
  • DUI with a minor passenger (under 14 years old)  
  • DUI causing an accident or injuries  

DUI penalties extend beyond the courtroom. Higher insurance rates, employment difficulties, and a permanent criminal record can have long-term consequences.

Strong legal representation can help reduce charges, negotiate lesser penalties, or even achieve case dismissal.

Our DUI Defense Services 

Every DUI case requires a tailored defense strategy. The Law Offices of Evan E. Zelig, P.C. defends clients against many DUI-related charges in Sonoma County.  

First-Time DUI Defense 

A first offense can feel overwhelming, but many options exist to reduce or dismiss charges. Common defenses challenge probable cause for the stop, Breathalyzer accuracy, and testing procedures.  

Multiple Offense Representation  

Repeat DUI charges carry harsher penalties. The firm examines past convictions for potential legal challenges and seeks alternative sentencing options when applicable.  

DMV Hearings Representation 

An arrest triggers an automatic license suspension, separate from criminal charges. The firm handles DMV hearings to contest the suspension and protect driving privileges.  

Commercial Driver’s License (CDL) DUI Cases  

A DUI threatens a commercial driver’s career. Take immediate legal action to explore defense strategies and protect your CDL.  

Underage DUI Defense  

Drivers under 21 face strict zero-tolerance laws. A breath test reading 0.01% BAC or higher can lead to a one-year suspension. The firm challenges test validity and seeks reduced penalties.  

The DUI Process in Sonoma County

DUI Conviction

A DUI arrest triggers both criminal and administrative actions. Knowing what to expect helps build a stronger defense.  

Arrest Procedure

Sonoma County law enforcement, including California Highway Patrol, Santa Rosa Police, and Sonoma County Sheriff’s Office, actively enforce DUI laws. A traffic stop can escalate to an arrest based on Breathalyzer results, field sobriety tests, or officer observations.  

DMV Administrative Hearings Timeline  

The DMV must be contacted within 10 days to request a hearing and prevent automatic license suspension. Missing this deadline results in an immediate suspension after 30 days. 

Court Process Overview 

The criminal case proceeds separately in Sonoma County Superior Court. After an arraignment, the DUI defense attorney works to negotiate plea deals, challenge evidence, or prepare for trial.  

Potential Penalties Specific to Sonoma County  

Penalties may vary based on local sentencing practices. Some cases qualify for alternative sentencing programs or DUI diversion options.  

License Suspension  

Without a successful defense, license suspensions range from six months to several years. Some drivers qualify for a restricted license with DUI program enrollment.  

What You Should Do After Being Arrested for DUI  

A DUI arrest in Sonoma County triggers both criminal charges and administrative penalties, including a potential license suspension. Taking the right steps immediately after an arrest can protect your rights, challenge the charges, and improve your chances of a favorable outcome.  

Request a DMV Hearing Within 10 Days  

After a DUI arrest, the California Department of Motor Vehicles (DMV) automatically suspends your driver’s license unless you request a hearing within 10 days.

Missing this deadline means the state will suspend your license after 30 days, regardless of the outcome of your criminal case. A DUI defense attorney can handle this hearing to contest the suspension and argue for the retention of driving privileges. 

Document the Arrest Details 

Write down everything you remember about the arrest, including:  

  • Where and when the traffic stop happened  
  • What the officer said and did  
  • Whether field sobriety tests or breath tests were given  
  • Any medical conditions or other factors that may have affected test results  

Details that seem minor may become critical evidence in building a defense.  

Avoid Incriminating Yourself 

Do not discuss the case with police, prosecutors, or even friends without legal representation. Statements made during or after an arrest can be used against you. Avoid posting anything about the DUI on social media, as prosecutors may use posts, photos, or comments as evidence.  

Contact a DUI Defense Attorney Immediately  

A DUI conviction can bring significant legal and financial consequences, but a strong defense can reduce penalties or even lead to case dismissal.

An experienced DUI attorney will: 

  • Review police reports and Breathalyzer results for errors  
  • Challenge the legality of the traffic stop and arrest procedures  
  • Represent you in DMV hearings and court proceedings  
  • Work to reduce or dismiss charges based on legal defenses  

The Law Offices of Evan E. Zelig, P.C. provides aggressive DUI defense throughout Santa Rosa and other areas in Sonoma County.

Possible DUI Defense Options 

A DUI arrest does not always lead to a conviction. Several legal defenses can challenge the prosecution’s evidence and result in reduced charges, case dismissal, or acquittal.

The right defense strategy depends on the specific facts of the case, including how the arrest was conducted and whether proper testing procedures were followed.  

Lack of Probable Cause for the Traffic Stop  

Law enforcement must have a valid legal reason to stop a driver. If an officer pulls someone over without reasonable suspicion of a traffic violation or illegal activity, any evidence collected—including Breathalyzer results and field sobriety tests—may be suppressed, making it harder for the prosecution to prove the case. 

Inaccurate Breathalyzer or Blood Test Results  

Breathalyzers and blood tests are not always reliable.

Several factors can lead to false BAC readings, including:  

  • Improper calibration or maintenance of testing devices  
  • Mouth alcohol contamination from recent alcohol consumption, mouthwash, or medical conditions  
  • Ketosis from diabetes or low-carb diets, which can produce compounds mistaken for alcohol  
  • Errors in blood sample handling, storage, or testing procedures  

An attorney can challenge the accuracy of test results by examining police reports, calibration records, and forensic lab procedures.  

Unreliable Field Sobriety Tests  

Highly subjective field sobriety tests (FSTs) often fail to provide accurate indication of impairment.

Many factors unrelated to alcohol consumption can lead to poor test performance, including:  

  • Nervousness or anxiety 
  • Uneven or slippery road surfaces  
  • Medical conditions, injuries, or physical disabilities  
  • Fatigue or lack of coordination  

If an officer relied heavily on FST results when making an arrest, an attorney can challenge their reliability in court.  

Rising BAC Defense  

Alcohol absorption takes time, meaning BAC levels continue to rise after drinking. If a driver had one or two drinks shortly before driving, their BAC might not have reached the legal limit while behind the wheel but may have exceeded it by the time police administered a breath or blood test. This defense works well if a delay occurs between the traffic stop and testing.  

Police officers must follow strict procedures when conducting DUI stops, arrests, and chemical tests.

Violations that may weaken the prosecution’s case include:  

  • Failure to read Miranda rights before questioning  
  • Lack of proper observation before breath testing  
  • Failure to follow blood draw protocols  
  • Denial of the right to contact an attorney  

If law enforcement violates legal procedures, the court may throw out certain evidence, leading to reduced charges or case dismissal.  

No Actual Physical Control of the Vehicle  

California law requires proof that the driver controlled the vehicle while impaired. If police did not witness the person driving—or found them sleeping in a parked car—the prosecution may struggle to prove that the defendant operated the vehicle while intoxicated.  

Additionally, certain medical conditions can mimic impairment, such as hypoglycemia and vestibular (inner ear) conditions that affect equilibrium. Sometimes, acid reflux or GERD can lead to falsely high Breathalyzer readings and certain neurological disorders or injuries may affect balance and coordination  

An attorney may use medical records or expert testimony to challenge impairment claims.  

The best defense strategy depends on the unique facts of the case. The Law Offices of Evan E. Zelig, P.C. carefully reviews every detail to build a strong defense and fight for the best possible outcome.

Sonoma County DUI FAQs  

Will I go to jail for a first DUI?  

Jail time is possible but often avoidable through plea negotiations, probation, or alternative sentencing.  

Can I drive after a DUI arrest?  

A temporary license allows driving for 30 days, but requesting a DMV hearing may extend driving privileges.  

Do you offer payment plans? 

Yes. Flexible payment options help clients afford quality legal representation.  

Why Choose Our Firm for Your DUI Defense in Sonoma County  

  • We have more than 20 years of experience defending clients in Sonoma County.
  • We’ve achieved a history of charge dismissals, reductions, and favorable plea agreements, demonstrating our strong legal advocacy.  
  • We know Sonoma County’s local courts, judges, and prosecutors. This helps anticipate case challenges.  
  • We’re available 24/7 when you need legal assistance.
  • We personalized our defense strategies so that every case receives individualized attention to build the strongest possible defense.  
  • We are strongly committed to protecting our clients' rights and aggressively defending them to obtain the best possible outcome.

Contact Our Experienced DUI Attorneys in Sonoma County Now  

A DUI arrest does not have to lead to a conviction. Early legal intervention improves the chances of a favorable outcome. The Law Offices of Evan E. Zelig, P.C. fights for clients throughout Sonoma County, and you can trust us to do all we can to defend your rights and future.

Call (707) 636-3204 now for your free consultation and start building a strong defense today.

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