A Sacramento DUI offender has been sentenced to 240 days in jail after taking a life driving drunk after pleading guilty. He will receive a suspended sentence of 7 years.

The 20 year old Sacramento DUI offender caused the death of his close friend and injuries to other occupants in the vehicle. He was going 40 mph over the speed limit of 45.

The charges included DUI manslaughter, DUI causing injury, and DUI with a blood alcohol level over .08 percent and causing injury. All charges are considered felonies. He was 19 at the time of the accident on 12/8/08

He was charged with another DUI in Sacramento after this incident, and the case was still pending when the crash occurred. This clearly indicated he did not learn his lesson.

The DUI offender was given credit for being in jail since the accident. He will remain in jail for 240 more days to complete his sentence. He will then be on probation for the remainder of his 7 year sentence. If he violates his probation he will go to jail for the remainder of the suspended sentence. I personally think he should do 3 times the sentence all in jail.

After a Sacramento DUI conviction having it removed from your record can be an option. This is called expunging the charge. To have your DUI charge expunged there are some general guidelines you must meet you should know:

• You were not sentenced to prison
• You are no longer on probation
• You fulfilled all of your DUI sentence (fines,DUI classes, etc.)
• You have no pending criminal cases

You should learn if you are eligible before spending too much time or effort thinking about getting a DUI removed from your record. If you believe you are eligible and want to proceed, you should contact a DUI lawyer to assist with the process. While the process may not be cheap, it is up to you to decide if it is worth it, however simply contacting an expungement lawyer with your specific circumstances will cost you nothing except a little time. To make things easier for everyone before you meet with the lawyer somme common things to bring are:

• Your criminal history,
• Any probation documentation
• Your driving record
• Employment history

Keep in mind having your DUI expunged does not always prevent the conviction from playing a role in future DUI sentencing.

If you are seeking the services of a lawyer to have your DUI expunged I highly reccomend the services of Sacramento Expungement Lawyer John Duree. He can help you get any criminal offense in Sacramento off your record.

A high-speed chase along a Sacramento County freeway ended with a suspected DUI driver and a passenger in the hospital.

Officers say they tried to pull over a truck that had been driving erratically on Interstate 80 near Antelope.

The driver ended up crossing the median leading officers on a chase of speeds up to 100-miles an hour.

The driver crashed.

He and a passenger were transported to a hospital.

Have you been accused of a Sacramento DUI?

When accused of a California DUI, know that you only have ten days to shedule a DMV hearing to avoid an automatice licenses supension. If you are arrested for DUI in Sacramento waste no time contacting a Sacramento DUI lawyer specializing in California DUIs.

Sometimes this all depends on the Skill of your California DUI lawyer. BUT when you are accused of DUI they’re are some questions you can ask yourself to come up with a defense to your DUI to get that NOT GUILTY verdict for your Sacramento driving offense. Some of them Include:

*  Did anybody see the car moving with you behind the wheel?
* Did you drive because there was some sort of emergency?
* Did somebody spike your drink with alcohol?
* Did you have an unanticipated reaction to prescribed medications?
* Was your performance on the field sobriety tests (FST’s) bad because of injury to your knees, back, joints or elsewhere?
* Were you asked to perform FST’s on something other than a flat, smooth, and well-lit surface?
* Do you suffer from diabetes or hypoglycemia?
* Did you have a fever during breath testing?
* Were you wearing removable dentures during breath testing?
* Do you suffer from GERD or have other medical issues?
* Did the officer advise you of your right to refuse roadside breath testing?
* Did you consent to somebody sticking a needle in your arm?
* Did you have an ear ache affecting your balance?

Just always remember (if you drink and drive that is) Never admit guilt when accused of a DUI. Talk to a Sacramento DUI lawyer and discuss the case. Not that I condone drinking and driving, but I understand it is done everyday and not just by irresponsible maniacs.

Blood alcohol tests are administered to individuals who are suspected of driving under the influence in Sacramento. Determining an individual’s blood alcohol concentration (BAC) helps law enforcement to determine how much alcohol is currently in the individual’s system, and subsequently, whether a DUI arrest should be made. Under California Vehicle Code Section 23152(b), a person is considered intoxicated by legal standards if his or her blood alcohol concentration is 0.08% or higher.

It is important to remember that the blood alcohol test is supposed to determine the blood alcohol concentration of the individual during the time that the motorist was operating his or her vehicle. In some cases, there can be a significant difference between an individual’s blood alcohol concentration at the time that they were pulled over and at the time the test was administered.

Blood alcohol tests play a crucial role in all DUI cases. In many instances, it is the person’s BAC that leads law enforcement to make an arrest in the first place. A person’s blood alcohol concentration also plays an important role in the Administrative Per Se DMV hearing held to contest the terms of an individual’s license suspension. Because blood alcohol testing results are so vital to both the criminal and DMV court proceedings, it is imperative to ensure that the results were properly collected, that the conditions in which the BAC test was administered were appropriate, and that the individual who administered the test was certified to do so.

Even the slightest error in BAC testing may lead to life-altering legal consequences for an individual arrested for DUI. By hiring a reputable Sacramento DUI Law office, an attorney will be able to investigate the results of an individual’s BAC test, question the people who administered the tests, request for a blood re-test, and find any hidden errors which may have negatively influenced test results.

Finding a qualified California DUI attorney ASAP after being arrested for drinking and driving in Sacramento is vital to the outcome of your case. This cannot be stressed enough.

Use Amtrak when you are drinking in Sacramento to avoid being arrested for a DUI. In which case you would have to find a Sacramento DUI attorney, to represent you. You would then have to pay your Sacramento DUI and put countless hours into dealing with after effects of being arrested or convicted of a Sacramento DUI.

Amtrak provides passenger rail service to the city of Sacramento. The Sacramento Valley Rail Station is located on the corner of 5th and I streets near the historic Old Town Sacramento and as of April, 2007, is currently undergoing extensive renovations. The station also serves as an RT light rail terminus.

Amtrak California operates the Capitol Corridor, a multiple-frequency service providing service from the capital city to its northeastern suburbs and the San Francisco Bay Area.[citation needed]

Sacramento is also the northern terminus of the Amtrak San Joaquins route which provide direct multiple-frequency passenger rail service to California’s Central Valley as far as Bakersfield; Thruway Motorcoach connections are available from the trains at Bakersfield to Southern California and Southern Nevada.

Sacramento is also a stop along Amtrak’s Coast Starlight route which provides scenic service to Seattle via Klamath Falls and Portland to the north and to Los Angeles via San Luis Obispo and Santa Barbara to the south.

Amtrak’s California Zephyr also serves Sacramento daily and provides service to the east serving Reno, Salt Lake, Denver, Omaha, Chicago and intermediate cities.

The Sacramento Valley Rail Station also provides numerous Thruway Motorcoach routes. One route serves the cities of Marysville, Oroville, Chico, Corning, Red Bluff and Redding with additional service to Yreka and even Medford, Oregon. A second serves the cities of Roseville, Rocklin, Auburn, Colfax, Truckee, Reno and Sparks. The third and final thruway motorcoach route serves Placerville, Lake Tahoe, Stateline Casinos, and Carson City, Nevada. Each of these routes provides multiple frequencies each day.

On March 15, 2007 around 5:40 p.m. a rail trestle along the American River set fire and left an Amtrak train stuck on the track for over 5 hours until Amtrak buses arrived to help the stranded travelers.

From Wikipedia

Fines and jail terms have been raised for California DUI License restrictions, suspensions, and revocations are more extensive and easier to obtain. The impact of prior convictions has raised terms of incarceration to felony levels.

Sacramento, California DUI convictions are always bad, but there a number of things that can increase all of the above. Some of them included are:

Prior Convictions – If the defendant has a conviction for drunk driving (DUI or .08%) within the previous 10 years, the minimum jail sentence, DUI school and license suspension are increased. Two priors within ten years increases the penalties further; three “priors” will result in felony charges (punishable by state prison).

High Blood-Alcohol Concentration – California imposes an enhanced sentence where the BAC is .15 percent or higher.

Refusal to Submit to Chemical Testing – The increased jail term for refusing is in addition to the administrative suspension for refusing.

Speeding and/or Reckless Driving – This enhancement involves driving in excess of a specified speed while under the influence of alcohol or over .08/.10 percent BAC. California, for example, imposes the enhancement where the defendant drove 20 mph over the speed limit on a surface street or 30 mph over the limit on a freeway.

Child Endangerment – Increased penalties are imposed where there is a minor passenger in the vehicle at the time of the drunk driving. In California, this is defined as an individual under the age of 14.

Accident or Injury – In many jurisdictions, the existence of property damage can trigger a more severe sentence; in others, it will define a different offense. Where there is personal injury involved, most jurisdictions elevate the offense to felony status.
Source

How about just avoiding all of this. Sound good? A Sacramento DUI happens when a person makes the conscience decison to drive drunk. Take a bus or walk instead. If it is a special occasion call a limo service. You may have to just not drink sometimes. I’m sure for some of you this will be a huge bummer, but I promise you it will be no where near as bad as the end results of a Sacramento, California DUI Arrest.

As in any criminal prosecution, Probable Cause for Sacramento DUI Arrest to stop the driver of a motor vehicle may be an issue in a drunk driving case. Lacking sufficient cause, any evidence obtained as a result of the stop – which should include all evidence except observations of driving, must be suppressed.

Assuming the existence of grounds for the stop, the prosecution must then justify the investigatory detention. Again, if there are insufficient objective and articulable facts upon which to warrant detaining the driver beyond a temporary stop, then a motion to suppress all subsequently-obtained evidence should be made. If successful, this will suppress all evidence but observations and statements made during the brief stop.

Finally, if there existed probable cause to detain the individual for a field investigation (field sobriety tests and brief questioning) there must still exist a considerably greater amount of evidence of intoxication to warrant an arrest. (There must also exist the authority to arrest, involving the question of whether the offense was committed in the officer’s presence.) Without such cause, evidence obtained after the arrest, consisting in most cases primarily of the blood-alcohol test or refusal, is subject to suppression.

In essence, this usually means in a DUI case that the prosecution must establish a considerably escalating amount of evidence at each of the three stages-stop, detention, and arrest. Lacking the sufficient quantum of evidence at any stage results in suppression of all evidence obtained thereafter.

There are, of course, thousands of federal and California cases interpreting in general terms what constitutes sufficient probable cause to justify stopping, detaining, and arresting a citizen. Certainly such authority should be used in a DUT motion to suppress. It should be clearly understood by defense counsel, however, that a “double standard” appears to exist when it comes to drunk driving situations. Put another way, both the trial and appellate courts often prove more willing to find probable cause in DUI cases than in other types of offenses.
Source

Following most Sacramento DUI arrests, the driver will be charged with having violated California Vehicle Code sections 23152(a) (driving under the influence) and 23152(b) (driving with an alcohol level of .08 or higher).

If somebody other than the driver was even slightly injured, the charges may be elevated to felonies under CVC sections 23153(a) and 23153(b).  If somebody is killed in a DUI related offense, the charges can be “vehicular manslaughter” under California Penal Code sections 191.5 and 192.

An experienced DUI attorney can often get felony charges reduced to misdemeanors.

Visit the Sacramento, California DUI Lawyer Directory to find a lawyer to represent you with your Sacramento, California, DUI.