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How Breathalyzers Work
Breathalyzers help police officers find out who is driving drunk. Learn how these devices determine blood alcohol content based on alcohol in the breath.

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Approximately two-thirds of all adults partake in this mind-altering substance. Find out what alcohol actually is and how it affects those who drink.

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In California, THE Consequences of a DUI Conviction are severe and are becoming more Punitive.  You should Consult with an experienced DUI attorney who can advise you of the potential consequences of a DUI conviction and consult with you on your best defense.   

A first time DUI conviction with no accident is a misdemeanor.  Potential first offender punishment includes up to 6 months in jail, 6 month driver license suspension, $2200 in fines, fees, and assessments, 3 to 5 years of probation, and a 3, 6, or 9 months DUI program.  Optional punishment includes a 30 day to 6 month car impound or installation of an ignition interlock device for up to 3 years.  If a refusal is alleged or if a child under 14 is in the car a minimum of 48 hours of jail time can be added.  If an accident occurred and if people are injured, the misdemeanor can be charged as a felony with potential punishment including 16m, 2, or 3 years in prison even on a first time DUI.  A DUI conviction is on your record for ten years and the conviction is "priorable."  This means that picking up a 2nd, 3rd, or 4th DUI within ten years significantly increases the penalties you will  suffer including increased amounts of jail time, longer DUI programs, and longer license suspensions or revocations.  A 4th DUI can be charged as a felony and result in prison.  If you have a commercial license, you can suffer severe additional penalties including a one year or life time ban on your commercial license.  If are an out of state resident you can suffer, consequences back in your home state.  You may even be prevented from traveling to Canada with a DUI conviction.  People with professional licenses or mandatory reporting requirements like pilots and nurses may also suffer job related difficulties if convicted of a DUI.        

You neeD an Experienced and Aggressive DUI Defense. 

At the Law Office of Peter B. Tiemann, you will consult with experienced and aggressive DUI defense attorneys who have defended cases in El Dorado, Sacramento, Placer, and Yolo Counties.  We will represent you at both the DUI criminal proceeding and  DUI DMV hearing.  If your case is a misdemeanor DUI, we can appear for you in court so you don't have too, saving you time and embarrassment.  You don't have to plead guilty, contact our office today for a free same day consultation.      

We have successfully represented many professionals, business people, and others accused of drunk driving.  We have successfully obtained acquittals, dismissals and reductions of DUI charges and have had DMV suspensions set aside.  We know the DUI courts in El Dorado, Sacramento, Placer, and Yolo counties. Our lawyers are active members of the National College for DUI Defense, California DUI Defense Attorneys Association, and the National Association of Criminal Defense Attorneys.

While the success of each case depends upon the individual facts and circumstances, there are many DUI defenses that can be used in your case.  First, we look for any violations of your Constitutional rights.  Were you legally stopped, detained, and arrested.  Were your "Miranda" rights violated.  Were your implied consent rights violated.  If so, then you may have grounds to have the evidence in your case suppressed.  In breath test cases, the machine maintenance/calibration records and officer's dispatch logs are reviewed to determine if the machine was working properly and if the officer complied with CA law by observing the person tested for 15 minutes prior to the breath test.  In a blood test case, the blood sample should be re-tested by an independent lab to confirm that the right amount of preservative is present and that the blood alcohol level is correct.  In both types of cases, a "rising alcohol defense" may be used.  In a rising alcohol case, it's argued that at the time of driving the blood alcohol content (BAC) was under the legal limit.  Scientifically, if alcohol was consumed in the hour prior to driving, then the alcohol will not be fully absorbed and the alcohol level will be rising.  When a chemical test is taken an hour or so after driving and the person is still absorbing alcohol, the alcohol reading will be higher than it really was at the time of driving.      

We have offices conveniently located in El Dorado, Sacramento, and Placer Counties. We accept all major credit cards. Call today to schedule a free consultation.  

Member:

National College for DUI Defense

CA DUI Lawyers Association

National Association of Criminal Defense Lawyers

CA Attorneys for Criminal Justice

CA Public Defenders Association

Peter B. Tiemann is a Certified Criminal Law Specialist, CA Board of Legal Specialization

Statutory Punishment

First Offense DUI with Probation

CVC 23152(a) or (b)

COURT

• Misdemeanor conviction

• Up to 6 months Jail

• 6 month driver license suspension

• $2200+ Fines/Fees/Assessments

• Probation 3 to 5 years

• First Offender DUI Program

• BAC > .20 - 3 month/30 hrs

• BAC 0.20+/Refusal - 9 month/60 hrs

• Optional Impound - 30 days to 6 months

• Optional Ignition Interlock - Up to 3 yrs

• Refusal - Add 48 hours jail

• Under 14 in car - Add 48 hours jail

DMV

• License Re-Issue fee - $125

• SR-22 Requirement - 3 years

Additional Consequences

• Increased Insurance Rates

• Mandatory Reporting - professional license or driving related job. 

• Priorable - Increased punishment for future DUI

DUI with Priors w/i 10 years

Punishment increases considerably