Best DUI Lawyers in Elk Grove

FAQs

• What is the non-emergency contact number for the local police station in Elk Grove, California?

  The non-emergency contact number for the Elk Grove Police Department is ​916-714-5115.

• Where can I get a copy of police reports for incidents related to my case in Elk Grove, California?

  There are three options for requesting police reports: via mail, fax, or by submitting the request in person. The Records Bureau may be reached at 916-478-8170 from Mondays through Fridays, 8:00 A.M. to 5:00 P.M., and is located at 8400 Laguna Palms Way Elk Grove, CA 95758.

• How are drivers' rights upheld in Elk Grove sobriety checkpoints?

  To guarantee that drivers' rights are protected at sobriety checkpoints in Elk Grove, the Supreme Court established a set of requirements that must be met. This includes the police using neutral and unbiased criteria when determining which motorists to be stopped. All checkpoint operational decisions should be made by supervising officers and the time, duration, and location of the checkpoint must reflect good judgment. It is also necessary to publicize the roadblock in advance.

• Is it possible to be charged with something lesser than drunk driving in Elk Grove?

  Drivers in Elk Grove who are charged with DUI may choose to plead guilty to the lesser charge of "wet reckless" under California law. These pleas are frequently accepted for first-time offenders whose blood alcohol content is at or below the legal limit for driving while intoxicated (0.08 percent). The prosecutor also considers wet reckless pleas if there has been no injury or property damage involved.

• What are the different statutes violated by drunk drivers in Elk Grove?

  The first statute violated by drunk drivers in Elk Grove is the CA Vehicle Code sections 23152(a) and 23152(b). This determines whether the influence of alcohol or drugs is enough to alter the driver's vehicle operation compared to his or her sober state. Drunk driving also violates California’s Administrative Per Se Law for drivers whose BAC level is .08 percent or greater.

• What are the circumstances that turn a DUI from a misdemeanor to a felony in Elk Grove?

  The severity of a DUI in Elk Grove can be increased from a misdemeanor to a felony depending on a number of factors. First is having at least three previous DUI convictions within the last 10 years and the second is if you have one prior felony DUI conviction. Both reasons also take into account the convictions made in other states. Lastly, a felony charge will also be given if there is serious injury or death involved.

• Can Elk Grove residents who are accused of DUI use prescription medication as a defense?

  A prescription is not a valid defense against a DUI drug charge in Elk Grove and the rest of California. This contributes significantly to the increase in the state's drug DUI cases. Examples of prescription drugs that drivers get arrested for are medications for anxiety and depression, pain, and sleep. Admitting this to the officer would warrant an arrest for DUI.

• What does a DUI charge involve?

  DUI, or driving under the influence, is a criminal charge applied to someone who is suspected of operating their vehicle while under the influence of an intoxicant, such as drugs and/or alcohol. Every state in the U.S. has a law on the books that bans driving while intoxicated; however, the specific criteria may differ from jurisdiction to jurisdiction. In some states, a driver with blood alcohol content (BAC) in excess of 0.08% can be brought up on DUI charges while other states set a higher threshold or increase the severity of charges in accordance with the level of intoxication. In some cases, DUI is determined not via testing but by behavior; drivers who are intoxicated to the point of impairment and who cannot safely operate their vehicle may be arrested on suspicion of DUI.

• What's the difference between DUI, DWI, and OVI?

  The terms driving under the influence (DUI), driving while impaired (DWI), and operating a vehicle under the influence (OVI) are all legal phrases that refer to the crime of operating a vehicle while impaired by drugs (illegal or prescription), alcohol, or both. These terms are largely interchangeable though some states use only one acronym in their statutes for the sake of clarity. There are also other acronyms occasionally substituted for DUI, such as DWAI (driving while ability impaired), OWI (operating while intoxicated), OUI (operating under the influence), and DUII-CS (driving under the influence of intoxicants: controlled substances).

• How long does a DUI stay on your record?

  In addition to the more immediate penalties that come with a DUI conviction, this costly mistake can have other consequences. DUIs stay on your driving record for years with the exact length of time differing from state to state — the California Department of Motor Vehicles, for instance, tracks DUIs for 10 years and may use that information to determine things like license eligibility. In Alabama, DUIs stay on the record for five years while in Alaska they're permanent. In states that use point systems to track driving infractions, DUI points may stay on the record far longer than the DUI itself.

• How much does a DUI lawyer cost?

  The cost of a DUI lawyer depends largely on three things: geographic area, the lawyer's experience, and whether the case is settled quickly with a plea or ends up going to trial. Attorneys may charge a flat rate, more commonly used for simple cases that are likely to wrap up quickly, or they may charge by the hour, which can add up quickly if the case requires a lot of pretrial preparations and court time. Ultimately, a DUI lawyer could cost as little as $700 or bill in excess of $4,000.

• How do I choose a DUI attorney?

  Finding the right DUI lawyer is crucial, especially when it comes to preventing a suspended license and minimizing fees and other penalties. To choose the right one:

  • Look for attorneys experienced in DUI case law
  • Ask for referrals from family and friends
  • Check the internet for reviews, keeping in mind that no two DUI cases are exactly alike
  • Meet with prospective lawyers (many offer free consultations) to hear their perspective on the case and see whether their personality feels like a good fit
  • Ask whether the lawyer will be the primary representative or if the case could be passed to an associate and how many clients the lawyer/firm represents at one time
  • Discuss billing options — the difference between an hourly rate and flat fee can be considerable

• What happens when you get a DUI?

  Individuals detained on suspicion of a DUI are typically taken to jail, their vehicles impounded, and either held on bail or processed and released pending a court date. That initial court appearance is a chance to enter a plea; it's a good idea to retain legal representation prior to this hearing so they have an opportunity to argue for reduced charges or even dismissal.

  Drunk driving charges are often enough to warrant a suspended license pending the outcome of the case. A DUI conviction could mean losing that license entirely as well as paying fines, court costs, and DMV fees and paying for treatment or other intervention programs as instructed by the court — perhaps even completing jail time. These penalties tend to be less severe for first-time offenders and increase significantly thereafter.

• Can I contest a DUI without a lawyer?

  While it's possible to contest a DUI without a lawyer present, case law is complex, and navigating those laws can be tricky. A DUI lawyer can't guarantee a positive outcome, but they are in a far better position to make crucial moves, such as challenging the legality of the original traffic stop, questioning the officer-led sobriety tests, and introducing evidence that could lead to an exoneration. In short, it's tempting to save money by going it alone, but the consequences could be costly. Before deciding against a lawyer, take advantage of a free consultation and weigh their recommendations. If budget is a factor, there are court-appointed public defenders who may take on the case.

• How much does a DUI cost?

  DUIs are expensive. In addition to attorney fees that often run the gamut from $700 to over $4,000, there may also be bail costs, court-ordered fines, alcohol education courses, traffic school, DMV fees, the cost of increased insurance rate, fees associated with recovering an impounded car, and the possibility of paying for a court-ordered ignition interlock device. All together, the average cost of a DUI sits at around $6,500 not counting peripheral expenses, such as alternate transportation while unable to drive and lost income due to court dates and incarceration.

• When does a DUI become a felony?

  Driving under the influence is classified as a misdemeanor unless the DUI meets certain state-specific criteria such as:

  • It's not the first offense. Anyone arrested for DUI who has been convicted of driving under the influence previously may be charged with a felony, depending on the length of time since the last conviction.
  • The offender was driving without a license. Getting a DUI with a license that has been suspended, revoked, or restricted is a felony in many states.
  • The DUI resulted in someone else's injury or death. Some states cite bodily harm as one of the reasons to change a DUI from a misdemeanor to a felony.

• How much does car insurance go up after a DUI?

  Since car insurance rates are based on driving history and projected risk, it stands to reason that a DUI conviction will result in higher insurance rates. How much those rates go up depends on the state. In Colorado, insurance rates jump around 18% following a DUI conviction while North Carolina sees a median rate increase of more than 300%. To put that in further perspective, consider New Jersey; the state's average insurance rate is $1,419, but the average rate with DUI increases 132% to $3,292.