Yuba City, the county seat of Sutter County, is close to waterways, highways, farmland, and even mountains. One inescapable feature of the varied terrain in this region is a strong law enforcement presence enforcing traffic laws. If you are pulled over and charged with driving under the influence (DUI), call Carrion Law Offices and speak to one of our Yuba City DUI lawyers. We understand the stress and uncertainty that you may be going through, especially if you have never been arrested or pulled over by the police before. Even if your situation seems daunting, there may be options or strategies of which you would not be aware without seeking legal counsel.
If you are pulled over by the police, it is important to keep a few things in mind. The police cannot stop a driver without a reasonable suspicion that the driver has committed an offense. Some common reasons for traffic stops are expired license plates, a broken light, or excessive speed. During a stop, you probably will need to provide your name and date of birth, as well as your identification and proof of insurance. While you should be polite, you are not always required to consent to a pat-down or a search of your vehicle. If an officer persists and does a pat-down or a search of your vehicle, without your consent, you should cooperate while calmly stating your non-consent. In the event that you are arrested, ask if you may call a friend or family member to move your vehicle to a safe place and avoid impoundment.
The police officer may eventually want to conduct a test to determine whether you have been driving under the influence of alcohol or drugs. While the officer must be able to state facts to support a reasonable suspicion that you have been driving under the influence in order to detain you for further DUI investigation, the prudent course of action is to challenge any improper stop, test, search, or detention at your court hearing. Do not challenge the officer on the scene, as you could risk being subject to other charges, depending on the circumstances. A DUI attorney in Yuba City can advise you on the risks of this course of action.
DUI testing can include field sobriety tests and a breathalyzer to test blood alcohol level. The officer may also observe other signs, such as the smell of alcohol on your person or empty alcohol containers in the car. The police officer must be able to articulate facts supporting their reasonable suspicion giving rise to the initial stop and DUI testing, as well as facts supporting probable cause for your arrest. If the officer lacked the necessary reasonable suspicion or probable cause for the stop, the test, or the arrest, you can challenge the improperly obtained evidence and have it excluded in court. At Carrion Law Offices, we know the legal standards required of police officers making a DUI arrest, and our DUI lawyers can help those in Yuba City vigorously defend their case.
The penalties for a DUI conviction can be severe. The maximum penalty for a first-time DUI offender in California is a $1,000 fine plus penalty assessment totaling another $3,000, a six-month license suspension, up to six months in jail, DUI driver classes, and vehicle impoundment. Most first-time offenders will be subject to probation for three to five years as well. Violating conditions of probation can lead to further penalties.
Repeat DUI offenders are subject to stricter penalties, escalating for each subsequent offense. Second DUI offense penalties include a one-year license suspension, a mandatory 10 days in jail and the possibility of incarceration for up to one year, a fine of $390 to $1,000 (not including penalty assessments), additional driver classes for up to 30 months, three to five years of probation, and the installation of an ignition interlock device on your car at your expense. Judges have discretion to order additional penalties and may order alcohol or drug treatment as well.
Defendants charged with DUI are often understandably alarmed by the significant penalties that they may face if they are convicted of driving under the influence. Let the advocates at Carrion Law Offices navigate through your Yuba City drunk driving case with the precision, knowledge, and tenacity needed to provide the defense that you need. Call us at (530) 458-2950 or contact us online to set up an appointment. We are also available to help people who need a criminal defense lawyer to fight felony or misdemeanor charges.