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(916) 404-6866
(916) 404-6866
Police in the Folsom area take driving under the influence (DUI) charges seriously. Law enforcement officers and prosecutors will pursue many different strategies after they make an arrest for DUI. For example, they can attempt to prove that a person’s blood/alcohol content was sufficient to be drunk under the definition of the law. They may also attempt to show that, even without scientific evidence, there was enough evidence of impairment to justify a drunk driving or impaired driving conviction.
This might sound intimidating, but a Folsom DUI lawyer could help after an arrest for drunk or high driving. A dedicated criminal defense attorney could explain the state’s DUI laws, develop a defense to against a prosecutor’s allegations, or work with the court to determine if you are eligible for entry into a diversion program.
Every person is innocent until a prosecutor proves guilt beyond a reasonable doubt, and DUI cases are no exception. To convict for a DUI, prosecutors must prove that a person was drunk under the meaning of the law and that they were operating a vehicle at the time of the incident.
More specifically, California Vehicle Code § 23152 says that it is against the law for any person to operate or attempt to drive a vehicle when they are under the influence of any product that impairs their ability to drive. At the same time, it is illegal per se for a person to drive while they have a blood/alcohol concentration of 0.08 or more, meaning that the BAC alone is enough to establish guilt.
A DUI attorney in Folsom could help develop defenses against these allegations. For instance, it might be possible to create reasonable doubt when an arrest centers around nothing more than a police officer’s obligations. It is also possible to contest the results of a breath or blood test used to obtain a BAC measurement. There are many strategies that our legal team might implement, depending on the details of your case.
The penalties for a DUI conviction can be harsh. Even a first offense can lead to a jail sentence of six months, a fine of at least $390, attendance in DUI school, and a loss of license for up to ten months. Obtaining a not-guilty verdict at trial will typically help someone avoid these penalties.
However, it may be in a person’s best interest to admit fault for the incident and push for a reduced sentence. In fact, California Penal Code § 1001.95 says that, in these cases, judges may allow a defendant to enter diversionary programs for all misdemeanor cases, even over the objection of prosecutors. While there is no set program under the law for plea deals after a DUI arrest, a lawyer in Folsom could help push for more favorable terms if diversionary programs make sense for the situation. The successful completion of these unique programs could result in a judge completely dismissing a DUI case.
Arrests for allegations of DUI happen regularly, and these cases are always serious. Not only could a guilty verdict result in a mandatory loss of license, the payment of fines, and time spent in prison, but a mere arrest could see a person lose their license if they refuse to participate in a breath or blood test. The penalties in any DUI case can be severe.
When you were accused of driving under the influence, you should let a Folsom DUI lawyer fight to protect your present and future. If you are looking to move past the case with as little stress as possible, it may be best to pursue a negotiated plea deal that could help you keep your license and limit the resulting fines. In other cases, a Folsom DUI lawyer could help develop a defense that aims to create reasonable doubt that you operated under the influence of drugs, alcohol, or medications. Reach out today to learn more about your defense options.
