Call: (530) 244-1755 “Don't Go Down the Road Unknown Without a Licensed & Qualified Attorney” If you've been arrested for DUI -- Call Me Immediately. Member of California DUI Lawyers Association [CDLA] Why You Should Never Talk To The Police   Click to hear CDLA Attorney Lawrence Taylor explain why the breath instrument is unreliable Click to hear why Attorney Darrly Genis says you should never take a breath test   To Kill a Mocking Bird - Great Closing Argument
DRUNK DRIVING • D.M.V. HEARINGS A DUI arrest causes two separate and distinct actions - one by the court and one by the DMV.    DO NOT WAIT MORE THAN 10 CALENDAR DAYS TO HAVE A LAWYER CONTACT THE DMV, IN SACRAMENTO, OR YOU WILL AUTOMATICALLY LOSE YOUR LICENSE, REGARDLESS OF WHAT HAPPENS IN COURT. YOU HAVE ONLY 10 CALENDAR DAYS FROM THE DATE OF YOUR ARREST TO HAVE A LAWYER CONTACT DMV IN SACRAMENTO [ NOT LOCALLY] OR YOU WILL IMMEDIATELY LOSE YOUR LICENSE FOR FOUR MONTHS TO LIFE DEPENDING ON YOUR CHARGES, DRIVING RECORD, AND DRIVING STATUS. IMMEDIATELY CALL THE DEPARTMENT OF MOTOR VEHICLES IN SACRAMENTO AT THE NUMBER ON THE UPPER RIGHT-HAND CORNER OF YOUR TEMPORARY LICENSE ENDORSEMENT AND SUSPENSION. IMPORTANT: SINCE THE COURT WILL LIKELY MAKE YOU PAY FOR THE SERVICES OF A PUBLIC DEFENDER -- YOU MAY AS WELL GET A PRIVATE DUI DEFENDER. IMPORTANT: PUBLIC DEFENDERS DO NOT REPRESENT CLIENTS AT DMV HEARINGS.  I represent clients in all DUI and DMV matters in the following jurisdictions: Shasta, Tehama, Glenn & Butte Counties.  Cities of Redding, Weaverville, Red Bluff, Corning, Orland, Willows, Chico, Paradise, Oroville, and outlying areas.
Each day, approximately 500 people are arrested for DUI in California.  Arrest is most likely to occur after pulling into a DUI checkpoint, violating some rule of the road, pursuant to informant's report -- or after being involved in an accident (regardless of fault). A felony charge may result if arrested for accident related DUI and someone other than the driver was injured. It is NOT against the law to drink and then drive. However, it is illegal to drive while impaired, OR with your blood alcohol percentage above a certain limit.  The prosecution has the BURDEN of PROVING you were "impaired" (as defined by law), or that your blood alcohol level was in excess of the legal limit, AT THE TIME OF DRIVING. RISING BLOOD ALCOHOL: After consumtion, your blood alcohol level begins to rise as your body absorbs the alcohol.  Lets say you had a shot of whiskey at 12:00 a.m., got pulled over at 12:05 a.m., and took a test at 1:00 a.m.  Under these facts, your blood alcohol level at the time of testing should be significantly higher than it was at the time you were driving. Since your blood alcohol level can rise .02% to .03% per drink, this could constitute a defense to Driving Under the Influence Alcohol.
Note that a DUI arrest causes two separate and distinct actions - one by the court and one by the DMV FIRST OFFENSE DUI COURT The Maximum penalty for a FIRST offense DUI is a $1,000 fine, plus penalty assessments, 6-months in jail, 4 to 6-month license suspension, and vehicle impoundment. Minimum sentence without probation is $390 fine ,plus penalty assessments, 48 hours jail and suspension of driving privilege for 6 months. DMV For first offense DUIs, the license is suspended for four months.  However, this can be reduced to 1 month followed by 5 months of work restriction if the individual files proof of enrollment in a DUI school and proof of insurance (the "SR-22" form), etc.  A second offense within 10-years carries a 1-year suspension. DMV Refusal Cases For cases involving refusal to submit to a chemical test, the suspension is for 1 year; no work restriction is permitted. A 2nd refusal within 10 years carries a 2 years suspension.