SACRAMENTO CRIMINAL AND DUI DEFENSE ATTORNEY

Being arrested can be very traumatic. For many of our clients, it is the first time they have been arrested. So being booked and sitting in jail until release can be a shocking experience!

You take control of the situation by hiring an experienced Criminal or DUI defense lawyer to represent you. As your defense lawyer, The Law Office of Joshua Kaizuka is your biggest supporter. Since we believe you need to be in the know, we honestly discuss the best and worst case scenarios with you. Our first goal is to look for a defense to get a dismissal. The next is to find a way to get a lesser charge or resolution with fewer penalties.

The best case scenario is not having a criminal case filed and, in DUI cases, the DMV not suspending your driver’s license at all.

The best case scenario is not having a criminal case filed and, in DUI cases, the DMV not suspending your driver’s license at all. When that doesn’t happen, obtaining all available evidence is absolutely essential, and the sooner the better.

In the worst case scenario, we will guide you through the criminal legal process and make sure all requirements of probation are met with the least amount of stress and impact.

Regardless of the circumstances of your DUI, we will handle your case on its own merits. Even if it seems nothing can be done to get a case dismissed, or avoid a driver's license suspension, having a good defender can be crucial. A knowledgeable Criminal or DUI lawyer will investigate and obtain all available records. Consequently, as your local Sacramento Criminal and DUI defense lawyer, we no rock unturned.

HOW TO DEAL WITH A DUI

The following outlines a few of the things we will help you understand and address when you are arrested for a DUI.

• Preserve Your Right to Contest within DMV Term Limits
• Set a DMV APS Hearing at the Right Time
• Understand Types of License Suspensions
• Court Convictions and Penalties Differ from County to County
• Avoiding “Gotchas” of Special DUI Cases

Preserve Your Right to Contest within DMV Time Limits

If you were arrested for an alcohol-related DUI, one of the most important things we do is help you preserve your right to contest a suspension. The DMV “administrative per se” (APS) suspension of your privilege to drive can be avoided if addressed properly. We will contact DMV Driver Safety to set a hearing within 10 days of the incident or of being served a DS-367 (pink temporary license).

Furthermore, we will help determine if your situation is one where a hearing should not be set. Since the different outcomes of being served a temporary license or not can be confusing, having an experienced and proactive DUI attorney on your side will help your case.

As your DUI legal defense team, we will help you understand your particular case and do everything in our power to avoid receiving an APS suspension before you even have your first court date.

Set a DMV APS Hearing at the Right Time

In most cases, it is best to set a DMV APS hearing within 10 days. Doing so means that we can help you in the following ways:

1. Maintain the privilege to drive at least until a decision is made by DMV after the APS hearing
2. Ability for us to subpoena patrol car video
3. Ability for us to subpoena records relating to maintenance and calibration of preliminary alcohol screening (PAS) devices if it was used
4. Ability for us to retest blood if there was a blood draw
5. Ability for us to subpoena the officer who stopped or arrested you
6. Retain an expert for you if there are issues relating to the blood alcohol level or alleged impairment
7. In many cases, we can collect information so that we can let you know everything there is to know about your DUI case before the arraignment date in court
8. In the worst case scenario, have a better shot at coordinating the APS license suspension to run concurrently with a court conviction suspension

Depending on your situation, it may be better to set the APS hearing right away. In other situations, however, it might be best to wait until the ninth day to keep you on the road longer in case your license does get suspended. In other cases, there may be a good reason to not request a DMV administrative hearing.

As your Kaizuka Law DUI attorney defense team, we can help guide you through the process and minimize the difficulty of making informed decisions.

What Can Happen at an APS Hearing?

The DMV hearing and decision by a DMV hearing officer either results in a license suspension or a setaside of the “administrative per se” (APS) license suspension independent of any court conviction suspension (see below for suspension information). There are only three issues considered:

1. Were you driving
2. If so, was your blood alcohol level .08 or higher
3. Were you lawfully arrested and was the vehicle stop lawful?

What works at a DMV hearing may not work in a criminal case, and vice versa. As your Sacramento DUI Defense team, we are determined to uncover everything that helps!

Even with these factors in mind, we have had cases where what works at a DMV hearing will not work in the criminal case, and vice versa. Sometimes we can obtain a dismissal or the DA’s office rejects filing a criminal case but you still receive an APS suspension. In some cases, we win the APS hearing but the criminal case has to be litigated. In others, winning the APS hearing helps with the criminal case if it is filed. Occasionally, even if you lose the APS hearing, it may help you obtain an acquittal at trial. In summary, each case is unique depending on the facts and alleged evidence. As your Sacramento DUI Defense team, we are determined to uncover everything that helps!

Understand Types of License Suspensions

License suspension issues and how quickly you can get back on the road are of paramount importance to us.

Typically, there are two separate kinds of license suspensions that can result from a DUI arrest: A DMV administrative per se (APS) suspension, and a court suspension as a result of a court conviction for a DUI.

APS suspensions

• 1st—4 months (can obtain a restricted license after first 30 days of suspension if complies with some other requirements)
• 2nd—1 year (can obtain a restricted license see below under DUI conviction suspensions)
• 3rd—2 years (can obtain a restricted license see below under DUI conviction suspensions)

DUI Conviction Suspensions

• 1st—6 months if BAC under .20 (can obtain restricted license after the first 30 days of the APS suspension is served and complies with some other requirements) 10 months if BAC over .20
• 2nd—2 years (can obtain a restricted license 90 days after conviction with installation of an ignition interlock device (IID) and complies with some other requirements)
• 3rd—3 years (can obtain a restricted license 6 months after conviction with installation of an ignition interlock device (IID) and complies with some other requirements)

DUI Resulting in Injury Conviction Suspensions

• 1st—1 year
• 2nd—3 years (can obtain a restricted license 1 year after conviction with installation of an ignition interlock device (IID) and complies with some other requirements)
• 3rd—5 years (can obtain a restricted license 1 year after conviction with installation of an ignition interlock device (IID) and complies with some other requirements)

Refusal to Complete a Chemical Test (APS)

• 1st—1 year
• 2nd—2 years
• 3rd—3 years

Once you are eligible to either get a restricted license or your privilege to drive back, DMV will require proof of an SR-22 (a special form of insurance) and payment of reinstatement fees. In four counties (Sacramento, Alameda, Los Angeles, and Tulare) installation of an ignition interlock device (IID) is required. Above all, we help you meet these requirements if you end up with a suspension. We will also know the best time to obtain an SR-22 and how to save money on automobile insurance rate increases. Lastly, we can also make sure everything is set up to get the IID installed if required. As your Sacramento DUI Attorney, we guide you through the difficult DUI process.

Court Convictions and Penalties Differ from County to County

In misdemeanor DUI cases pursuant to Vehicle Code section 23152, we can usually appear on your behalf. This means you would not need to appear. We will ask you to appear if it might make a difference. In most cases, however, you will not have to attend unless you want to or the case is a felony. In felony cases, you are required to attend unless the court explicitly authorizes you not to.

If you get an “acquittal” or “not guilty” at trial on all DUI counts, then any DMV administrative per se (APS) suspension will be set aside. A dismissal before trial or at a “motion to dismiss” hearing will not work.

Fines for a first offense DUI in Sacramento County are about $2,500, but across the river, in Yolo County, they are about $3,100.

What happens in court differs from county to county. For example, fines for a first offense DUI in Sacramento County are about $2,500, but across the river, in Yolo County, they are about $3,100.

In most first time DUI cases, as long as the blood alcohol level is less than a .15, the sentence is usually two days of jail time. Alternatively, a sentence can be served through a work project, a three-month DUI program, fines ranging from $1,500-3,200 depending on the county, and three years informal probation. In cases where the blood alcohol level is more than a .15, or it is a second DUI or more, the stakes (jail time) go up and vary significantly depending on what county the criminal case is in.

On second or multiple DUI cases, there is mandatory jail time in Sacramento County. In Placer, the mandatory jail time can vary depending on the circumstances. Again, your Kaizuka Law DUI Lawyer will help you navigate the difficult maze of DUI defense in the county where it happened.

Avoiding “Gotchas” of Special DUI Cases

Accident DUIs Involving Injury

An accident DUI can be a big deal when there are injuries. A DUI causing injuries will be prosecuted pursuant to Vehicle Code section 23153 and can be a misdemeanor or felony. It can even be a strike if the injury is serious. Often the difference between a misdemeanor and a felony comes down to whether there are cuts, broken bones, or prior criminal record. In some counties, however, the DA’s office may file charges as a felony if any injury exists.

In addition, a conviction for a VC 23153, even if it is a misdemeanor, results in a one-year suspension of your driver's license.

In accident DUI cases, consulting an experienced attorney early can be crucial because evidence can disappear quickly.

In accident DUI cases, consulting an experienced attorney early can be crucial because evidence can disappear quickly. The cause of an accident resulting in injury doesn’t necessarily relate to fault just because someone had a few drinks or was on medication. Depending on the circumstances, we may advise you that the best way to proceed is to retain an investigator or accident reconstruction expert. They will be able to locate, inspect and photograph the vehicles involved. Crucial evidence will be extracted from computer data devices, and the roadway where the accident occurred will be inspected for debris and skid marks. Ultimately, the investigator or reconstruction expert will determine if the other driver was at fault.

Consequently, waiting too long often results in loss of evidence that may be favorable to you and hampers our efforts to defend you. Your Kaizuka Law Sacramento DUI attorney will help you organize everything needed for a DUI accident.

Out of State Residents Arrested in California for a DUI

If you are an out of state resident getting arrested for a DUI in California, things can get even more complicated. An officer is not supposed to take an out of state license, but he or she can serve you with the DS-367 (pink temporary license) which starts the California DMV advanced per se (APS) suspension process to revoke your privilege to drive in California. While not being able to drive in California may not seem like a big deal, it can have consequences later in your home state. Forty-five of the fifty states in the U.S. honor license holds from another state pursuant to the Interstate Compact Agreement. So, at your license renewal, your licensing authority will check the Interstate Compact computer system and you will likely have problems renewing your license!

While not being able to drive in California may not seem like a big deal, it can have consequences later in your home state.

We have dealt with many out of state clients and have helped them get through the process so that their home state license remains valid. As your DUI Lawyers, we can help guide you through the DUI process to stay on the road in your home state and lift the hold in California.

Commercial License

For holders of a Class A or B license, a DUI administrative per se (APS) suspension and/or a conviction is a big deal. A first alcohol-related APS suspension or conviction for a DUI pursuant to VC 23152 results in a one-year suspension. A second suspension or conviction results in a lifetime suspension.

Reviewing all of the available evidence is therefore extremely important to avoid the APS suspension and to avoid a conviction pursuant to VC 23152. As your Kaizuka Law DUI Legal Defense Team, we will help you fight the loss of your commercial driver’s license.

Legal Representation in Northern California

Based in Sacramento, the Law Office of Joshua Kaizuka represents clients in Sacramento and the surrounding counties. From years of experience, we know the importance of hiring an attorney who regularly practices in the county where a person is facing charges. We are familiar with the local customs of each county where we practice, so we know what can work to develop a defense strategy for you.

The Law Office of Joshua Kaizuka provides legal services for the defense of DUI and Criminal cases in Sacramento, Placer, El Dorado, Solano, Yolo and surrounding counties. Sacramento DUI Attorney Joshua Kaizuka will aggressively defend your DUI case.

Call for a free consultation at 916.706.0678 or email us at josh@kaizukalaw.com.