You Need a Sacramento DUI Attorney

This website is focused on providing you all the critical information you will need if you or a loved one has been arrested for a drunk driving. 

License Suspension is Automatic if You Fail to Request a Hearing

Be aware -  you only have 10 days from your day of arrest to request a hearing with the Department of Motor Vehicles (DMV).  Call or visit the DMV and request a hearing.  They will schedule a hearing approximately 3 weeks from the day of your request.  Failure to request your DMV hearing within ten days will automatically result in your license being suspended for 4 months if this is the first time you have been arrested for DUI and a full year if this is your second offense.  Requesting your hearing preserves your right to fight the driver’s license suspension.  For additional information on license suspension click here.  


What Happens at the First Court Hearing?  

Once criminal charges are filed, your first court appearance is known as an "arraignment."  At the arraignment hearing, you will be advised of the charges against you and you will be advised of your rights (the right to remain silent, the right to cross examine witnesses, and the right to use the subpoeana powers of the court.)  During your arraignment, you'll be asked to enter a "plea" to the crime you've been charged with.  If you plead "guilty," or “no contest” you are admitting you committed the crime.  If you plead not guilty, you will be given a new court date to return which gives you additional time to hire an attorney and provide the attorney an opportunity to review the police reports, and meet with you to discuss your defenses. 

Although most people can handle arraignment on their own, it’s best to have a lawyer present because complication may arise at the arraignment which you may be unprepared for like a request to increase your bail, additional charges, or conditions of release.  Many complications arise as a result of the specific factors about your prior criminal history or the facts of you case.  If complications arise you may be re-arrested on the spot and taken back to jail.  Complications can be any of the following:  High blood alcohol level, prior criminal convictions, prior dui convictions, prior driving without a license convictions, or injuries associated with an accident, etc.  Assuming your arrest was straight forward.     

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.

Choosing a Qualified DUI Defense Attorney

DUI cases are some of the most difficult cases to defend because of the complex scientific issues involved.

Make sure you choose an attorney that is qualified to defend you. At a minimum your attorney should belong to a DUI Defense Lawyers Association and know:

• Breath/Blood testing science
• Breath/blood test equipment
• How to administer SFST
• Police/lab procedures

If your attorney doesn't know more than the police and criminalist, how can you trust your defense. The National College for DUI Defense and CA DUI Lawyers Association are good places to learn about DUI defense and can refer you to a lawyer who has the knowledge, training, and experience to best defend you.

OUR LAW FIRM IS QUALIFIED TO DEFEND YOU

MEMBERSHIPS

• National College for DUI Defense
• CA DUI Lawyers Association
• National Assoc.of Criminal Defense Lawyers
• CA Attorneys for Criminal Justice
• CA Public Defenders Association

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

Breath/Blood Testing Science: Roland X. Tiemann has a pre-med degree in the Biological Sciences including chemistry, biochemistry, microbiology, physiology and how it applies to breath/blood testing.

Breath Test Equipment: Mr. Tiemann is qualified to administer the breath tests and he has received training on the use of the breath machines including the Intoxilyzer 5000, Drager 7410, 7110, and Alcosensor IV.

Blood Test Equipment: Mr. Tiemann has trained and worked in a laboratory and tested biological samples using mass spec/gas chromatography.

Standardized Field Sobriety Test: Roland X. Tiemann is qualified to administer the SFST's having completed the National Highway Safety Administration and International Chiefs of Police DWI Detection and SFST training program. 

Police/Lab Procedures: Mr. Tiemann has an extensive library of law enforcement and laboratory procedures manuals which he has studied and knows better than the agencies themselves.

The Consequences of a DUI Conviction

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.
Call today to schedule a free consultation. 

News and Info

5/27/2009 - Commercial Drivers License

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