Have you recently been arrested for DUI in Sunnyvale, California? The costs and consequences of a conviction are high, so the time to start preparing your defense is now. For help, call Ahmed & Sukaram, Criminal Defense Attorneys at (408) 217-8818.
Not only can a conviction result in serious fines, a loss of your license, and jail time, but the social stigma that goes along with a DUI conviction can also be devastating. Our team can help you fight to protect your future.
We have extensive experience helping protect the rights of the accused, and we are ready to put the full force and weight of our criminal defense firm behind you. Contact us today to schedule a free consultation with a Sunnyvale DUI lawyer to learn more about how we can help.
How Ahmed & Sukaram, Criminal Defense Attorneys, Can Help if You’re Arrested for DUI
At Ahmed & Sukaram, Criminal Defense Attorneys, our legal team includes a California State Bar Certified Criminal Law Specialist. Additionally, we have helped countless clients beat the criminal charges they were facing. We have over 30 years of combined experience helping defendants just like you.
If you have been charged with a DUI in Sunnyvale, CA, you are already starting at a disadvantage. Prosecutors handle DUI cases almost every day, and they know the ins and outs of California DUI laws. You need an experienced Sunnyvale DUI lawyer on your side who can help even the odds.
Our experienced team will work diligently to get you the best possible outcome in your case. We will take the time to listen to your side of the story, and we will use our experience to put together a winning strategy. Contact us today to schedule a free consultation with a Sunnyvale criminal defense attorney and let us go to work for you.
Overview of DUI in California
Driving under the influence in California is a crime, and DUI charges are not limited to just alcohol. You can also be charged with a DUI for driving under the influence of other substances, such as drugs or even prescription medication.
According to the law in California, it is unlawful to:
- Drive a vehicle while under the influence of alcohol
- Drive a vehicle with a blood alcohol content of 0.08 or more
- Drive a commercial vehicle with a blood alcohol content of 0.04 or more
- Drive a vehicle while addicted to the use of a drug
- Drive a vehicle while under the influence of any drug
- Drive a vehicle while under the influence of alcohol and drugs
Under this law, you can be convicted of a DUI if the prosecution is able to prove any of these scenarios beyond a reasonable doubt. For instance, you may be convicted of a DUI even if your blood alcohol content is less than 0.08. In fact, you could be convicted if you do not take a breathalyzer test at all.
Similarly, if it is determined that your blood alcohol content is 0.08 or higher, you could be convicted of a DUI even if your driving did not seem to be impaired. This situation is known as a “DUI per se” because the statute specifically mentions this objective measurement.
By having a BAC higher than the legal limit, the law assumes that your driving is impaired and that you should not be operating a vehicle.
Commercial Vehicle DUI
It is also important to note that the DUI laws are more strict for drivers who operate commercial vehicles. Commercial vehicles are usually larger and heavier than traditional passenger vehicles. Drivers who operate these vehicles need to be alert and not impaired, and that is one of the main reasons for the stricter laws for commercial drivers.
Underage DUI
The legal drinking age in California is 21, so anyone under 21 should not have any alcohol in their system. California has a zero-tolerance policy for underage drinking and driving. A person can be convicted of underage DUI if:
- They are under 21 years old,
- They were operating a vehicle, AND
- They have any detectable level of alcohol in their system
Per California Vehicle Code Section 23136, blood alcohol content may be measured by a preliminary screening test (such as a breathalyzer) or other chemical test.
What Are the Penalties for DUI in Sunnyvale, CA?
The penalties for driving under the influence in California are quite serious, even for first-time offenders. The penalties only get worse with subsequent convictions. Generally, a first-time DUI offense will be considered a misdemeanor. It is still a wise decision to hire a criminal defense lawyer to fight these misdemeanor charges since they can carry some serious consequences.
A DUI conviction can result in fines, jail time, and a suspension of your license. More specific penalties include:
- First offense: Fines of up to $1,000, up to six months in jail, up to 9 months in an alcohol treatment program, and an ignition interlock device
- Second offense: Fines of up to $1,000, up to 1 year in jail, up to 30 months in an alcohol treatment program, and an ignition interlock device
- Third offense: Fines of up to $1,000, up to 1 year in jail, 30 months in an alcohol treatment program, and an ignition interlock device
You may face 3 to 5 years of DUI probation, and a third DUI or aggravating factors—such as causing serious injury or death—can lead to felony charges. Felony DUI convictions carry harsh penalties, including up to $5,000 in fines, 3 years in prison, or even life imprisonment in extreme cases.
Given the severity, it’s critical to consult an experienced DUI lawyer to build a strong defense.
Automatic License Suspension
In addition to the criminal penalties mentioned above, a DUI conviction also includes a license suspension. In fact, your license will be automatically suspended for 30 days after a DUI arrest. You can request an administrative hearing within 10 days of your arrest to try to avoid this automatic suspension.
Upon conviction, your license may be suspended for a minimum of four months if this is your first conviction. However, it could be suspended for as long as five years following a felony DUI conviction with injuries.
It is also important to understand that a DUI conviction will cause your insurance rates to increase significantly. So, the criminal penalties are not the only financial consequences you will face. Your insurance company might even decide to drop coverage, especially if you have been convicted more than once.
If you are unable to obtain insurance, then you cannot legally drive your vehicle.
What Defenses Can Be Raised if I’m Accused of DUI?
There are a number of defenses that may be raised to fight your DUI charges. The best strategy for your situation will depend on the facts of your case. Some of the most common defenses that prove to be effective in DUI cases are:
- Lack of probable cause for the initial traffic stop
- Lack of probable cause for the arrest
- Discrepancies with the accuracy of the breath, blood, or urine test
- Improper handling of your blood sample that was used for testing
- Unaccredited testing laboratory or technician in charge of your blood sample
- Violations of your Miranda rights or other constitutional rights
- “Drinking after driving” defense
- Medical conditions that may be mistaken for intoxication
The experienced team at Ahmed & Sukaram, Criminal Defense Attorneys, can investigate every detail of your arrest. We will fight to protect your rights and put together a strong defense to help you get the best possible outcome.
Schedule a Free Case Evaluation With Our Sunnyvale DUI Lawyers
If you have been arrested for DUI in Sunnyvale, California, contact the team at Ahmed & Sukaram, Criminal Defense Attorneys, today. The prosecution is already building a case against you, so having a lawyer on your side who knows how to protect your rights is crucial.
When your future is at stake, experience matters. Call us today to schedule a free consultation with a Sunnyvale DUI lawyer and let us put our experience to work for you.