California has a number of driving under influence laws. The two most commonly used are found under are vehicle code section 23152, sub-paragraph A and vehicle code section 23152, sub-paragraph B. These charges are frequently used for first-time misdemeanor DUI defendants.Handling the Traffic Stop and Arrest
Once a person has been pulled over, they need to be as cooperative and respectful to the police officer as possible. The police officer is just doing his or her job, and any disrespect will only make the situation worse for the person who has been stopped. If you find yourself in this situation, be aware that you are probably being recorded by the officer’s vehicle camera throughout the stop.
Many people do not understand that they have a right to remain silent, and they should as much as possible. You will be asked to answer basic questions such as your identity and your address, but do not have to answer any questions about your evening. Once you have been stopped, be polite and cooperative, but realize that anything you say or do can potentially incriminate you.
In addition, you are not obligated to take any roadside field sobriety tests. This includes the roadside breathalyzer tests. Only once the officer has a reason to believe you are intoxicated and placed you under arrest are you obligated to submit to a blood or breath test.Taking Action After a DUI Arrest
If you have been arrested for DUI, the first thing you should do when you are released to contact a criminal defense attorney to represent you. When someone is arrested for a DUI, there is a certain period of time immediately following their arrest that is critical for limiting the impact the arrest has on their day-to-day life. For instance, if the officer takes your driver’s license after a Sacramento DUI arrest , you will receive a temporary license. This temporary permit expires after 30 days, and at this time the DMV will automatically suspend your license.
If you want to stop that automatic suspension — which is often possible — you have ten days to request a hearing with the DMV where you will provide evidence to show your innocence or to convince them your license is necessary for you to work, get needed medical treatments or go to school. An experienced DUI attorney will handle this for you, as long as you enlist his services before the end of that 10-day window.
Once the 10-day period has expired, you could lose the right to challenge the suspension. This is just one reason why is it is extremely critical that one of the first phone calls made after a DUI arrest is to an attorney. You will need his expertise in order to gain immediate protections that are afforded to you under the law.The Need for a Criminal Defense Attorney
Only an experienced attorney can examine the police report and make sure to cover and protect the defendant’s rights in a DUI case. There are strict procedures required during the stop, arrest and testing that must be adhered to. This includes following proper testing protocols, and ensuring there was a legitimate reason for the officer to stop them in the first place.
The attorney can look into every angle of the case, ensuring things were done legally. He should look to see if there was a valid basis for the stop, whether or not the police followed all the rules and regulations that they were supposed to, and if the test results are valid. On occasion, the test results may need to be explored further to see if there were any issues with the testing, how the equipment has been maintained, or how the officer conducted the test. Those are all things that a skillful attorney — one who is experienced with this type of report — would be able use to defend a client.Effects of a DUI Conviction
Even though they are fairly common, there is the social stigma often attached with having a DUI conviction on your record. In addition, you can end up going to jail, doing a work project, and/or having a significant amount of fines. All of those factors come into play and they will affect you if you are convicted of a DUI.
License suspensions are a common byproduct of DUI convictions. This DMV suspension may last months or even years, depending the circumstances of the case and prior convictions. In some areas, such as Sacramento, a DUI conviction could require an ignition interlock device be installed in the defendant’s car. This device prevents driving unless you register a 0.0 on the alcohol meter.
After a DUI conviction, there is also a 10-year period when the conviction would be used as a prior arrest if you were arrested for another DUI. A second DUI could bring far greater impacts on your life.
Lastly, your insurance rates will probably climb significantly higher. There are ways to try to stop this, however. Defense attorney Pabla has worked routinely with insurance companies to get the best possible rates for his clients.Our DUI Experience
With more than 16 years as a criminal defense attorney, Attorney Pabla is very experienced. He has handled hundreds of DUI cases and other alcohol-related crimes, both while working in the public defender’s office and in his private practice.Choosing the Law Office of Param S. Pabla
Any time a client is looking to retain an attorney, the parties are entering into a personal relationship. The clients must consider who their attorney is as a personal and as a professional, how comfortable they are with this person handling this personal matter, and whether the client trusts that the attorney will do a good job.
Mr. Pabla understands that this is the first time many clients have ever been arrested. This is the first time they are going through the criminal justice system, and that it can be a very frightening process. For this reason, the first thing a client receives when they come into the office is a feeling of understanding. He understands your fear, and can help you through this scary time.
Pabla will never make a guarantee to a client. Instead, he keeps his clients well-informed and gives them a realistic view of what could happen in their case. He explains the step-by-step process, including what issues will be explored, what is going to happen, and all potential remedies.
Mr. Pabla’s goal is always to try to minimize the impact the arrest has on a client’s life. This is often possible through having the charges dropped or at least reduced. For example, reducing a DUI charge to a reckless driving charge can greatly reduce the possible consequences of a conviction.
One of the things that also benefits a client of is that they do not always have to go to court. Mr. Pabla regularly makes all court appearances in a DUI case. This eases a great deal of stress, and also prevents clients from missing work or school. When you retain this firm, you are hiring someone who is both understanding of your situation, and aggressive in representing you to make sure of the best possible outcome.
Call the Law Office of Param S. Pabla in Sacramento today for help with your DUI charges (916) 285-7900.
- California’s DUI Laws
- Challenging a DUI Charge
- DUI FAQ
- DUI Stop Checklist
- Evaluating Your Potential as a DUI Witness
- Field Sobriety Tests
- Ideal Juror for Your DUI Trial
- Identified Informants
- Inconsistent Court Rulings
- Observed Traffic Violations
- Post-Arrest Procedures
- Your First Interview With an Attorney