Getting charged with a DUI (Driving Under the Influence) for the first time can be stressful and confusing. Knowing what to expect can help you prepare and understand the legal process. Here's a detailed guide on what happens after a first DUI offense in Sacramento, including the steps involved and the penalties you might face.

What Happens On Your First DUI?

When you are stopped for a suspected DUI, here's what usually happens:

1. Traffic Stop: An officer pulls you over for a traffic violation or because of your driving behavior.
2. Field Sobriety Tests: The officer asks you to perform physical tests like walking in a straight line or standing on one leg.
3. Breathalyzer Test: This test measures your Blood Alcohol Concentration (BAC). If your BAC is 0.08% or higher, you will likely be arrested for DUI.
4. Arrest: If the officer believes you are under the influence, you will be arrested and taken to the police station.
5. Chemical Tests: At the station, you might undergo more tests, like a blood test, to determine your BAC accurately.

Felony Or Misdemeanor?

In Sacramento, a first-time DUI is usually a misdemeanor. However, it can be charged as a felony if there are serious circumstances, such as:

• Injury or Death: If you cause an accident that injures or kills someone.
• High BAC: If your BAC is very high, typically 0.15% or more.
• Prior Convictions: If you have previous DUI convictions within the last ten years.

What Happens During a DUI Investigation?

A DUI investigation involves several steps:

1. Initial Stop: The officer stops you for a traffic violation or erratic driving.
2. Observation: The officer observes signs of intoxication, like slurred speech or the smell of alcohol.
3. Field Sobriety Tests: You may be asked to perform tasks to assess your balance and coordination.
4. Breathalyzer Test: A breath test measures your BAC.
5. Arrest: If there is enough evidence, you are arrested and taken to the police station.
6. Chemical Tests: Further testing, such as a blood test, may be done to confirm your BAC.

What Follows a DUI Arrest?

After your arrest, several things happen:

1. Booking: You are photographed and fingerprinted at the police station.
2. Release: You may be released on bail or your own recognizance, meaning you promise to appear in court later.
3. Court Appearance: You will receive a date to appear in court for your arraignment, where you will be formally charged.
4. License Suspension: The DMV will automatically suspend your driver's license, usually for four months for a first offense. You have ten days from your arrest to request a DMV hearing to contest this suspension.
5. Pre-Trial and Trial: If you plead not guilty, your case goes to pre-trial motions and possibly a trial. Your attorney can negotiate plea deals or prepare your defense.

Minimum Penalties in Sacramento for a First-Time DUI Conviction

The penalties for a first-time DUI conviction in Sacramento depend on your BAC level at the time of the arrest.

BAC below 0.15

For a BAC below 0.15, the penalties typically include:

• Fines and Fees: You will pay fines and fees totaling around $2,000.
• License Suspension: Your license will be suspended for four months.
• Probation: You might be placed on probation for three to five years.
• DUI School: You will need to attend a DUI education program for three months.
• Community Service: You may be required to perform community service.
• Possible Jail Time: Up to six months in county jail, though this is often converted to probation or community service for first-time offenders.

BAC of 0.15 or Above

If your BAC is 0.15 or above, the penalties are more severe:

• Increased Fines: Higher fines and fees, often exceeding $2,500.
• Longer DUI School: Attendance at a DUI education program for six to nine months.
• Extended License Suspension: A longer suspension period.
• Mandatory Jail Time: There may be mandatory minimum jail time, though alternative sentencing like house arrest or community service is sometimes available.
• Stricter Probation Terms: More stringent probation conditions, including more frequent check-ins and possibly an ignition interlock device requirement.

California DUI Laws

In California, DUI laws are strict. Here are some key points:

• Legal BAC Limit: The legal BAC limit for drivers aged 21 and over is 0.08%. For commercial drivers, it is 0.04%, and for drivers under 21, it is 0.01%.
• Implied Consent Law: By driving in California, you consent to BAC testing if suspected of DUI. Refusing to take a test can lead to harsher penalties.
• Penalties for Refusal: If you refuse a BAC test, you face additional penalties, including a one-year license suspension for a first refusal.

Conclusion

Dealing with a DUI charge in Sacramento is challenging, but understanding the process can help you navigate it more effectively. Consulting with a DUI attorney is crucial to get personalized legal advice and representation. Being informed about the steps and potential penalties can help you make better decisions and minimize the impact of a DUI conviction on your life.