Have you or a loved one been arrested for DUI?
                                   What you need to know now about California DUIs

Charges related to Driving Under the Influence (DUI) are the most common criminal charges filed against California residents each year.  A DUI conviction can have serious consequences. You face the possibility of having your driver's license suspended or revoked, high fines, astronomical insurance rates, and depending on your DUI history, imprisonment. Even for a first offense, the penalties can be far-reaching and irreversible.  Retaining an aggressive defense attorney is essential in giving yourself the best chance of a favorable outcome.

Being arrested for DUI is not the same thing as being convicted of DUI.  When you appear before the judge, you should request enough time to retain an attorney. An attorney experienced in handling DUI matters can help you  explore the best options available, including case dismissal, negotiating a reduced penalty or taking the case to trial.

If arrested for DUI in California, you will face two separate proceedings:  a criminal proceeding in a court of law and  a civil proceeding before the DMV.  

The DMV Proceeding:  You should move fast after a DUI arrest because you have just ten days to request a DMV hearing to prevent your driver's license from being suspended.  If you don't, your license will be automatically suspended for four months (on a first offense).  It is very important when you first get arrested for a DUI that you immediately call the Law Office of Mellanie Marshall.  We can meet with you and we can contact the DMV on your behalf to demand a DMV hearing be set. Once we do that, your driving privileges will be preserved and you will be able to continue to legally drive pending the outcome of the DMV hearing.

The Criminal Proceeding:  California has two separate laws on DUI. 
    
        (1).  Vehicle Code   23152 (a)  prohibits "driving under the influence of drugs or alcohol (or both)". The focus of this statute is on whether a driver was "under the influence of alcohol and/or drugs" to the extent that they are "unable to drive their car with the same caution characteristic of a sober person, of ordinary prudence, under the same or similar circumstances." This is the legal standard for being considered under the influence of alcohol in the State of California.

        (2).  Vehicle Code  23152 (b) prohibits "driving with a blood alcohol level of .08 or higher."  This statute involves California's Administrative Per se Law, which considers whether a driver's Blood Alcohol Content (BAC) was .08
(8 percent) or greater, at the time of the driving. This legal standard is based on the driver's ability to absorb and eliminate alcohol from their system.

Certain circumstances surrounding your DUI arrest, called "aggravating factors" can make your situation more dire due to increased penalties and punishments:
  

•     Refusing to submit to a chemical test 
•     Being involved in a car accident
•     Speeding
•     Having children under the age of 14 of age in the vehicle
•     A Blood Alcohol Content (BAC) of 0.15 or more
•     Prior DUI convictions 

                                                                    FAQs

Am I going to jail?

Sentencing guidelines vary greatly by court and by county in California. Further, prior DUI offenses are taken into consideration for sentencing. An experienced attorney can advocate for you and negotiate alternatives to incarceration, allowing you to continue working. 

Will I lose my drivers license?

Not necessarily, but BE AWARE! You only have 10 days from the date of your arrest to schedule a DMV hearing or they will automatically suspend your license. Contact the Law Office of Mellanie Marshall immediately after an arrest for DUI and we can contact the DMV for a hearing date.

This isn't my first DUI offense. What will happen?

DUI convictions within the previous ten years are counted against you.  DUI is a "priorable offense" which means that the punishment increases for succeeding DUI convictions.  Second & Third convictions can be met with fines from $1,800 to $2,800, suspension of your drivers license for up to two-three years and jail time.  A Fourth Offense can be considered a felony DUI and may carry penalties of significant time in jail or prison and the possibly the permanent loss of your license. 

Do Field Sobriety Tests hold up?

Not always. We will review the police reports and check for inconsistencies or procedural mistakes, examine the disclosures regarding the chemical testing  by law enforcement, including the maintenance and operation of the device used, as well as the lab certification.

Field sobriety tests have been around as long as the enforcement of DUI laws.  For years, field sobriety tests varied among officers within the same law enforcement agency as well as from one agency to another.  Field sobriety tests were limited only by the officers' collective imaginations. In the late 1970's the United States Department of Transportation, National Highway Transportation Safety Administration (NHTSA), funded research to evaluate currently used physical coordination tests which were used to determine the relationship between intoxication and driving impairment, to develop more sensitive tests which would provide more reliable evidence of impairment, and to standardize the tests.

The researchers finally concluded that the three test battery, which included the Horizontal Gaze Nystagmus, Walk-and-Turn, and One-Leg Stand, offered a reliable field sobriety testing procedure.  The next step was to standardize these tests. Additional research was therefore conducted to complete the development and validation of this sobriety test battery and to assess the battery's feasibility in the field, as well as its effectiveness for estimating the blood alcohol content of subjects and facilitating the identification of persons with a blood alcohol content above the legal limit.

Types of Field Sobriety Tests

Horizontal Gaze Nystagmus
Nystagmus is the involuntary jerking of the eye.  It can be an indication of intoxication; however, the occurrence of nystagmus is not dependent upon the presence of an intoxicant in the body. Substances that would not interfere with driving ability can produce nystagmus, and nystagmus may be congenital or caused by structural neurologic disease.

Examples of possible manifestations of alcohol impairment emerging during nystagmus tests include the inability to keep the head still; noticeable swaying, and the utterance of incriminating statements. Points are not deducted, however, for any of these behaviors.

Examples of conditions that may interfere with the performance of the nystagmus test include a suspect having an artificial eye; having damaged or very weak vision in one eye; eye irritants such as wind, dust, and rain; and visual and other distractions which impede the test, such as traffic, blinking lights, rain, etc.  Some persons who are not under the influence may exhibit nystagmus.

Nystagmus may also be caused by certain pathological disorders such as brain tumors, brain damage and some diseases of the inner ear.

Walk and Turn
In this test, the subject assumes a heel-to-toe stance with the subject's arms down at his side. The subject is to maintain this position until the officer tells him to begin walking.  At that time, pursuant to the instructions given by the officer during the instruction phase, the subject is to take 9 heel-to-toe steps down a real or imaginary line, turn around and take 9 heel-to-toe steps back up the line.  The turn is not a pivot, but instead is made by taking a series of small steps with one foot, keeping the front foot on the line.  While walking, the subject is to keep his arms at his side, watch his feet at all times, and count his steps out loud.  Examples of conditions that may interfere with the suspect's performance of the walk and turn test include: wind and weather conditions, the suspect being over the age of sixty, the suspect being fifty pounds or more overweight, the footwear of the suspect and the highway traffic.

One Leg Stand
The instructions for this test are given to the subject while the subject stands with his feet together and arms down at his side until told to start. The instructions which are supposed to be given to the subject (with accompanying demonstration) are for the subject to stand on one leg (either leg), holding out the other foot approximately 6 inches off the ground, foot pointed forward so  the raised foot is approximately parallel to the ground.  While standing the subject may be instructed to maintain this position while the officer estimates thirty second or the subject may be told to count out loud (one thousand and one, one thousand and two, and so on).  Either way, the subject is to keep his arms at his sides at all times and watch the raised foot.  Examples of conditions which may impede a suspect's ability to perform this test include:  a test surface which is not dry and level, the suspect being over the age of sixty, the suspect being at least fifty pounds overweight; footwear which impedes the performance of the test, such as the footwear of the suspect (for example high heels), and certain medical problems and disabilities.

My child has been arrested.  How do DUI laws apply to minors?

California is a zero tolerance state for minors.  Any alcohol in their system is illegal.  It is also illegal in the state of California for a driver under the age of 21 to operate a motor vehicle and transport any alcoholic beverages while they are driving (without an adult) in the car. It is illegal for drivers 18-20 to have a BAC of .01 or higher.

I'm thinking about seeking alcohol or drug treatment, will this help?

Sacramento attorney Mellanie Marshall is committed to helping you both inside and outside the courtroom. If you feel your DUI arrest is a wake up call, that you might need professional help, we will help you explore treatment options.


Should I represent myself in court?

Would you perform your own brain surgery? Exactly. Even experienced attorneys charged with a crimes seek counsel.  Standing accused of a crime is an overwhelmingly emotional experience. The long term costs are simply to high to attempt to protect yourself, your family and your future.


Don't risk your drivers license, your good name and your livelihood.  When you need the best legal defense for your DUI arrest, schedule a confidential consultation by calling us at  (916)442-1345, or Email us at MarshallLawGroup@Gmail.com.