Free DUI Lawyer In California

Reader’s Question:

I was recently charged with DUI here in Sacramento, California. I have so many questions about my DUI case. Where can I go for more help in my case?

Arthur

Sacramento, CA

The best source of information to answer your questions is, of course, a qualified Sacramento, California DUI defense attorney. Your lawyer can basically give you advice about the things that you should do and the things that you should avoid. There are also other resources available for you. You can study California DUI law and blood alcohol analysis in a law library found in law schools and courthouses.

There is also plenty of information found in books such as California Drunk Driving Defense 3rd Edition and Drunk Driving Defense 6th Edition by Lawrence Taylor.

Reader’s Question:

Hi. My nephew was charged with DUI in California. I heard about this rising BAC defense. His lawyer advised him about this kind of defense. What does a rising BAC defense mean?

Sara

Salinas, CA

In California, it is against the law to have a high blood alcohol concentration while driving and not at the time the chemical test is administered. Many scientific studies show that it can take anywhere between 30 minutes to 3 hours for the alcohol to be absorbed into our system. That is why there is a possibility that a driver’s BAC could continue to rise after he was stopped and arrested.

There is approximately one hour between the time the driver is arrested and when a chemical test (urine, blood or breath) is administered. For example, the test result perhaps showed a .10% BAC. If the alcohol was still being absorbed into the driver’s system since the arrest, this could mean he only had a .07% blood alcohol concentration while he was driving. Although the test result showed an illegal BAC, the driver’s true BAC while driving was still legal.

Reader Question

Living a life here at San Francisco, California comes with a price. Engaging with the top executives of companies and establishments led to a much needed socializing that involves alcoholic beverages, which of course I can’t say no to it. This has taken its toll, and has led to my first DUI conviction.

A lot is at stake here, my career, my family and eventually my social status. It can ruin the life that I had before such conviction. I had heard of expunging a DUI conviction and somebody told me that it can solve my problem and that I can regain the life that I had before. Is there such thing as expungement?

Edward, San Francisco CA

Edward,

You got same questions from most of first offenders of DUI or even those who are convicted of DUI more than once. In the state of California, like other states in the US do allow you to expunge record of DUI conviction.

What expungement does, it seals your DUI conviction. All you need to do is to file a petition in court asking to expunge your DUI conviction record. The court will replace your plea into not guilty and then eventually dismisses your case. The effect of which is that when you are going to apply for another job that you want, there is no need to disclose any information pertaining to your DUI conviction.

To make it easier for you, try to contact an expungement lawyer who will do the hassle of filing a petition in court to expunge your DUI conviction.

As you sit down with your lawyer to draw up a fee agreement, it’s in the best interest of your wallet to add in more than just the obvious to your cost of a Sacramento California DUI attorney; to know what possibilities may lay hidden in there. Some of the following charges could give you a surprise if you don’t keep on the look out for them from the beginning.

• Some costs involve paying for workers to do your lawyer’s dirty work, like when a employee is making phone calls, or someone tracks down your witnesses and interviews them for evidential reasons.
• Some lawyers will charge you with the cost of a Sacramento California DUI attorney for the cost of their paperweights and other typical office necessities as well.
• Lawyers apparently don’t like a nice scenic drive, so if they have to go any further than 5 minutes away to represent you, they sometimes charge.
• Overtime.
• Court filing fees.
• If you have a complex case, you have the choice to have a jury trial instead of just having the judge make all of the decisions. However, it isn’t free.
• You may be charged for the postage stamps, envelopes, and other mail related things required for your case.

Reader’s Question:

What possible reasons for my DWI case in California be dismissed?

Paul

San Francisco CA

Thank you for asking Paul.

Dismissal of all DWI charges is a procedure when the defendant plea bargains for a reduced charge, such as alcohol related reckless driving, also known as “wet reckless”. If this happens, all drunk driving charges are dismissed and the client pleads guilty to the freshly added lesser charge.

If a DWI attorney claims that drunk driving charges have often been dismissed for his or her clients, ask if those clients were convicted of anything else instead. A wet reckless for first offenders offense is nearly as bad as a drunk driving offense. This counts as a prior offense if you’re arrested again later, and much of the penalty is the same as for drunk driving. Car Insurance companies know what it is, and will increase premiums accordingly, you will be in assigned risk category. It can still be a good deal for some clients, especially those who already have prior offenses on their driving records. This is because there’s no increased penalty for reckless driving based upon previous convictions of drunk driving. However, you don’t hire a good lawyer to get a wet reckless for a first offense, at least not when you have a good case.

MariCAR

Reader’s Question:

What is a “Wet Reckless” in San Diego California?

George.

San Diego CA

Thank you for asking George.

Reckless driving is a misdemeanor in San Diego California and it carries penalties of informal probation, a fine and the possibility of up to 90 days county jail. Depending on the facts, this violation can be negotiated as an alternative to a California DUI conviction in the settlement process. An offense for “wet reckless” and dismissal of DUI charges can be a hard-fought victory and it depends on the circumstances. Your drivers license may also get suspended.

There is a difference between a “dry” and a “wet” reckless. The term “wet” or “dry” denotes if alcohol was involved in the commission of the violation. Typically an offense for a “wet reckless” will require the completion of a 12 to 32 hour alcohol education program, depending on the circumstances. In addition to that, a “wet reckless” is still considered a “prior conviction” for San Diego California DUI charging purposes, so that if an individual is convicted of another DUI in the next 10 years, the penalties will be increased as if the defendant has had a prior conviction for a California DUI. You may speak with an experienced lawyer regarding this to get more information.

Goodluck!

MariCAR

Even so, sometimes you just can’t get a lawyer, and that’s understandable. While in some cases this spells very bad news for you, in other cases it does not mean that all is lost. If your offense is pretty small time in terms of DUI charges, then you may have a very good chance of winning if you represent yourself. Still, anyone considering going it alone should consult with a lawyer first. Consultations are usually free.

You may be able to go without a California DWI attorney if you meet at least one of the following criteria.

• You find the California DUI laws complicated and need help understanding them and how they apply to your case.
• This is your first DUI offense.
• You need help understanding what consequences you may suffer if found guilty of driving under the influence.
• Your job requires bonding.
• You are working on a degree for a job or a professional license which you will not be able to get if there is a criminal conviction on your permanent record.