Drunk driving issues in Sacramento are common and more cases are reported when there are popular events across the city. The criminal law regulating driving under influence offenses is quite complicated. There is a progression of how severely the law is exercised. You may be charged with misdemeanor if the offense does not have any aggravating factors. You may be charged with felony if you have four or more offenses in a 10 year period. There is driving under influence with injury or drugs, maybe both. There is reckless driving, high blood alcohol level in which case the blood alcohol content is much higher than the 0.08% required for the law to be applied, underage driving under the influence and boating or cycling when intoxicated.
Each type of offense is treated differently by the prosecution. Anyone accused of drunk driving and charged accordingly has the right to contest it. Before the case moves to court or a trial, there would be a hearing at the Department of Motor Vehicles. This hearing is like a mini trial or a pretrial. The criminal case in drunk driving incidents, regardless of whether there was an accident, will proceed as it must at a court of law. The civil case will be taken up by the Department of Motor Vehicles where the hearing is primarily confined to the suspension of the license. This hearing is also when you must contest your arrest or the charged filed against you. There is a statute of limitations that requires anyone accused of drunk driving to arrange a hearing with the Department of Motor Vehicles within ten days from the date of arrest. If anyone is unable to attend this hearing in person, it is necessary to send an attorney as a representative. Sending a family member or a friend would not suffice.
While the hearing is limited to the suspension of the license and whether it must be upheld, the same can be used to begin arguing the case against the offense. A defendant can contest the steps taken by the law enforcement during the stopping of the vehicle and testing for blood alcohol content. The law enforcement must be able to present a reasonable cause for stopping you and testing blood alcohol content. There are well laid procedures or protocols that the police must follow. If any procedure was violated or not followed, then there is reason for the defendant to request for dismissal of the case. A defendant may also contest the blood alcohol content, if it was 0.08% or more.
It is possible to get cases dismissed at the hearing so one must always hire an expert San Diego Criminal defense attorney to argue their case. If the civil case is dismissed, the license is not suspended, or the suspension is revoked, then the criminal case is weakened. If any of the statements or charges of the law enforcement gets questioned and the defendant can prove their innocence, then it is easier to get the criminal charge dismissed at the court later.