Santa Rosa DUI Lawyer

DUI Attorney in Santa Rosa, CA

A conviction for driving under the influence (DUI) can change your life, impacting your financial ability, your freedom, and your future. However, just because you were arrested for a DUI, it does not mean you will undoubtedly be convicted. There are options to limit the charges against you. You could possibly avoid conviction. You need a Santa Rosa DUI lawyer who understands the criminal justice system and knows how to win cases like yours.

It can be difficult to navigate the criminal justice system, especially since the prosecutors, police officers, and the court are focused on your conviction. You don’t have to do this alone. The Law Office of Jonathan Steele can provide you with the strategic defense and compassionate legal care that you need.

The Law Office of Jonathan Steele: A Compassionate and Fierce Santa Rosa DUI Attorney

The attorneys at the Law Office of Jonathan Steele have 78 combined years of criminal defense experience. We are strongly rooted in our communities. Both Jonathan Steele and Luann Steele are fifth-generation Steeles in Sonoma County. Our firm brings strong trial experience and effective defense strategies to help secure the ideal result for your DUI case. Our legal representation is effective and comprehensive. We aggressively fight for your interests.

At our firm, we understand the impact a criminal conviction can have on your life. We help you through each step of your DUI case, ensuring you are fully informed. Our attorneys educate you throughout the case, helping you make educated choices about your case and your future. Facing criminal charges can feel like you are losing control. We want to help you retain control over how your case proceeds.

At the Law Office of Jonathan Steele, we pride ourselves on accessible legal support. We aim to answer every question you have about your case, no matter how small. When you reach out to our team, we return calls on the same day. We are committed to giving you the support you need.

The Basics of DUI Laws in Santa Rosa

Under California laws, there are several ways someone can be charged with a DUI in Santa Rosa:

1. 1. Driving a vehicle while under the influence of any alcoholic drink, any drug, or any combined influence of alcohol and drugs

1. 1. Driving a vehicle with a blood alcohol concentration (BAC) of 0.08% or more

1. 1. Driving a vehicle while addicted to any drug, unless participating in a narcotics treatment program

1. 1. Driving a commercial motor vehicle or vehicle with a passenger for hire with a BAC of 0.04% or more

1. 1. Driving a vehicle while under the age of 21 with any measurable BAC

1. 1. Driving a vehicle while on probation for driving under the influence with a BAC of 0.01% or more

BAC is measured by chemical tests taken after a DUI arrest. This may include a test of your blood or breath. A chemical test of your urine is only taken in specific cases. By driving in California, you have given implied consent to take these chemical tests. Refusing results in consequences, including longer penalties if you are convicted.

There is a presumption that any chemical test taken within three hours of driving, which reads over the legal limit, means the individual drove impaired over the legal limit. This presumption is rebuttable.

Because of these laws, you can be charged with a DUI even if your BAC was under 0.08% or the relevant legal limit. If you were under the influence and impaired by a substance, it can still be considered a DUI. The officer may suspect that your driving is impaired because of poor decisions. The prosecution must prove that your driving was impacted by the substance you took. It must also prove that you did not operate with ordinary care.

However, if your BAC was over the legal limit, the prosecution does not have to prove impairment. This is called a per se DUI.

Probable Cause for a DUI Stop

In a traffic stop for a DUI, the officer must have probable cause for the stop. An officer has probable cause to conduct a traffic stop for suspension of a DUI due to moving violations or erratic driving behaviors, such as:

• • Speeding

• • Failing to use a turn signal

• • Swerving in the lane

• • Not obeying a stop sign

• • Failing to yield the right-of-way

An officer may also have probable cause at a sobriety checkpoint. How a sobriety checkpoint must be conducted depends on the jurisdiction.

Conducting a DUI Stop

When a law enforcement officer conducts a DUI traffic stop, they will use several steps to evaluate the likelihood of a DUI. This includes:

• • Observation. In addition to observing erratic driving, the officer will observe the driver during the stop. Signs such as red and bloodshot eyes or slurred speech may be used as evidence of impairment. The odor of alcohol in the vehicle or on the driver’s breath is also evidence.

    While some officers fairly evaluate these signs, others may not. Some officers may even claim these signs were present when they were not. It is crucial that you work with an attorney to prove your side of the story, using evidence such as eyewitness accounts or footage of the arrest.

• • Field sobriety tests. These are tests given by the officer at the scene of the stop. They may be conducted if the officer suspects you of a DUI. These tests are voluntary, and they test things like your balance, reaction speeds, and ability to follow instructions. You have the right to refuse field sobriety tests.

    It is often in your interest to refuse these tests, whether or not you are impaired. These tests can be used to claim you are impaired when you are not. These tests can also be affected by other factors, such as physical disabilities or stress.

• • BAC tests. While still at the traffic stop, the officer may have you take a breath test with a preliminary breathalyzer. This test is not mandatory. There are many ways that these preliminary tests can be incorrect, including poor calibration or improper care. If you are arrested for a DUI, the officer will bring you to the station, such as the Santa Rosa Police at 965 Sonoma Avenue. The chemical tests at the station are mandatory.

The information the officer secures at the traffic stop and during the arrest is also key information that will be used as evidence by the prosecution. It is important to understand your rights during this process and to follow the law. As soon as possible after an arrest or charge for a DUI, you need to hire a DUI lawyer. A lawyer helps you protect your rights and may be able to help you avoid conviction.

DUI Offenses in Santa Rosa

DUI offenses happen all over the state and county, including in Santa Rosa. In 2021, there were 43 vehicle crashes in Santa Rosa that involved fatalities or serious injuries. These crashes led to six fatalities and 37 serious injuries.

In Sonoma County the same year, there were 291 crashes resulting in a fatality or serious injury. When someone drives under the influence and is in an accident, it is more likely to cause serious injury or fatality.

In 2020, there were 1,232 DUI arrests in Sonoma County. 96% of these arrests were misdemeanor DUIs. 2020 saw a significant decrease in DUI arrests from 2,382 in 2019 due to the pandemic.

How Are DUI Offenses Penalized?

If you are convicted of a DUI, you could face penalties such as fines, jail or prison time, and other criminal consequences. These offenses include:

First DUI Offense in 10 Years

If the court grants probation for a first DUI offense, then the penalties can include:

• • Between 48 hours and six months in county jail

• • Fines of between $390 and $1,000

• • Driver’s license suspension for six months

If no probation is granted for a first DUI offense, the penalties include:

• • 96 hours to six months in county jail, with at least 48 hours of a 96-hour sentence served consecutively

• • Fines of between $390 and $1,000

• • Driver’s license suspension for six months

First DUI Offense With Injury Within 10 Years

If probation is granted, the penalties for a DUI with injury include:

• • Three to five years of probation

• • One-year suspension of your driver’s license

• • Five days to one year in county jail

• • Fines between $390 and $1,000

• • Completion of an alcohol or drug program lasting three months

The alcohol or drug program must last nine months if your BAC was 0.20% or more, or you refused the chemical test.

If probation is not granted, penalties may include the following:

• • One-year suspension of your driver’s license

• • 90 days to one year in county jail

• • Fines between $390 and $1,000

Second DUI Offense in 10 Years

When looking at prior convictions, the court takes into consideration DUI with injury offenses and reckless driving offenses. If probation is granted for a subsequent DUI conviction in 10 years, the penalties include:

• • Suspension of your driver’s license for two years

• • Completion of a drug or alcohol program for 18 or 30 months

Penalties also include either:

1. 1. From 10 days to one year in county jail and fines of between $390 and $1,000; or

1. 1. From 96 hours to one year in county jail, fines from between $390 and $1,000, and the 96 hours potentially served in two 48-hour increments

If no probation is granted, then the penalties for a second DUI conviction include:

• • From 90 days to one year in county jail

• • Fines of between $390 and $1,000

• • Driver’s license suspension for two years

Third DUI Offense in 10 Years

When you have numerous prior convictions, probation is less likely. For a third DUI offense in 10 years, where probation isn’t granted, the penalties include:

• • Between 120 days and one year in county jail

• • Fines of between $390 and $1,000

• • Revocation of your driver’s license for three years

• • Designation as a habitual traffic offender for three years

With probation, penalties may include:

• • Participation in 30 months of DUI course

• • Between 30 days and one year in county jail

What Are Aggravating Factors for DUI Penalties in Santa Rosa?

DUI offenses can be aggravated by many circumstances of your arrest or criminal history. Your sentence severity can worsen if one or multiple of the following factors are present:

• • Having a high BAC, such as 0.15%, 0.20%, or higher

• • Being involved in a motor vehicle accident

• • Prior criminal convictions

• • There is a minor 14 years or younger in the vehicle

• • Driving at excessive speeds

• • Causing an injury in an accident, particularly a serious bodily injury

• • Being involved in an accident that results in someone’s death

If one or more of these factors apply to your case, it is especially important that you work with an experienced attorney. They can help you assess options to mitigate the charges. In some cases, these offenses are felonies with substantial consequences to your life. You need a Santa Rosa DUI lawyer’s support.

Why Do I Need to Hire a DUI Lawyer in Santa Rosa?

You need to hire a DUI lawyer in Santa Rosa to improve the outcome of your DUI case. An attorney can potentially limit or eliminate the criminal case against you.

Many people think that being charged with a DUI means there is no point in trying to avoid a conviction, but this is not true. You may be facing charges for a misdemeanor or felony DUI, a DUI with injury, or even vehicular manslaughter. A skilled defense attorney can help with each of these cases and may help you avoid a conviction.

There are many ways an attorney can help you navigate your DUI case, including:

• • Investigation. Your attorney can look over police reports, arrest information, and other evidence from the scene. They can determine the strength of the case against you and use information, like eyewitness accounts, to find potential weaknesses in the case.

    An attorney can investigate the training of the officer who conducted the stop, as well as the operator of the chemical test machine. An attorney could also analyze the chemical test sample being used against you.

• • Evaluation. It’s important to evaluate the likely outcome of a DUI case. Based on the information uncovered in the investigation, an attorney can analyze your case. They can inform you about likely outcomes and what different defenses could provide you.

• • Filing motions. There are several pre-trial motions that can be useful. Dismissing illegal evidence can result in a reduction of your charges or even dismissal of your case. If your traffic stop was not conducted with probable cause, the evidence gathered at the stop should not be admissible. There are other ways that evidence can be considered inadmissible. This includes chemical tests where the machine was not calibrated properly.

• • Legal advice. An attorney has an in-depth understanding of local and state DUI laws. They can help you navigate the criminal case and the Department of Motor Vehicles (DMV) hearing process. This can help avoid conviction and protect your driving privileges.

• • Negotiation. In some cases, it is beneficial to negotiate with the prosecution. This may allow the reduction of certain charges prior to the trial. Your attorney may also recommend entering into a plea deal. If appropriate to your case, this can significantly mitigate the consequences you face.

• • Alternative sentencing review. During negotiations, an attorney could secure lesser sentencing options. This includes community service, probation, or attending treatment programs. These sentencing options are an alternative to jail or prison time.

• • Defense options. There are many different potential defenses to DUI charges. This includes violations of your rights, rising blood alcohol level, and other defenses. The right defense for your case will rely on your unique situation. An attorney has substantial experience in many different DUI cases and defenses. They can determine the ideal defense for your case.

• • Representation. If the case proceeds to trial, your attorney can represent you. This support is crucial to advocating for your side of things and protecting your rights. An attorney can also represent you in DMV hearings.

Being arrested for a DUI can be incredibly stressful. The support of a compassionate attorney can make a significant difference. You don’t only need legal representation, but you also need reassuring support from someone who understands the situation you are in. An attorney can determine the ideal defense for your case, all while providing crucial emotional support.

Criminal Proceedings vs. DMV Hearings in Santa Rosa

If you are arrested for and charged with a DUI, there are two separate cases that will commence: a criminal case and an administrative action.

The criminal case is handled in criminal court. It is for deciding an individual’s guilt for the offense. If you are found guilty, you will face the penalties of the level of DUI or other charge you are convicted of. This includes fines, imprisonment, alternative sentencing, and other restrictions.

The administrative action is taken by the California DMV. If you are arrested for a DUI per se, or you refused the chemical test, your license is automatically suspended. You must request the DMV hearing within 10 days of the arrest. At the hearing, the DMV will determine whether or not your license remains suspended. The support of an attorney can help you navigate this process confidently.

If you do not request the hearing, your license will be suspended automatically for a set period of time. This can happen no matter the outcome of the criminal trial. It is important that you act quickly and request the hearing within the timeframe. Your DUI defense attorney helps you navigate this case quickly and effectively.

What Are Potential Defenses to a DUI Charge?

There are multiple potential defenses to a DUI charge, and there is no single right answer. The ideal defense strategy depends on your case, and it is essential that you work with an attorney who understands the need for a smart and reliable defense strategy.

There are several potential weaknesses in the prosecution’s case to consider, including:

• • What procedure was followed in the traffic stop

• • Roadside breathalyzers are often inaccurate.

• • Chemical tests can be incorrect, especially with errors in test administration, certain medical conditions, or sample contamination.

These weaknesses and other factors about your case can lead to defense strategies, such as:

• • Illegal traffic stop. If the officer did not have probable cause to conduct a traffic stop or if they did not follow the requirements of the sobriety checkpoint, the traffic stop could be illegal. This means that evidence obtained during the traffic stop could be made inadmissible with a pre-trial motion. In many cases, this is the majority of the prosecution’s evidence. The case against you could be dropped.

• • Improper field sobriety test or breathalyzer administration. There are specific procedures for the administration of field sobriety tests. If the tests are not conducted properly, the results are likely unreliable and could be suppressed as evidence. Roadside breathalyzers must also be administered correctly, as well as calibrated and maintained. Otherwise, the results may be inaccurate

• • Inaccurate chemical tests. While chemical tests are more reliable than roadside breathalyzers, they can also have issues. Medical conditions or medications can affect the results of breath and blood chemical tests in some cases. Improper maintenance and calibration of chemical test machines can also affect the result.

• • Rising blood alcohol. Your BAC rises over time after you have consumed alcohol. In some cases, individuals who consume alcohol can drive home in the time before their BAC rises to illegal levels or impairs them. During a traffic stop and arrest, a BAC may rise to that level.

    In California, chemical tests taken within three hours of the traffic stop are presumed to have the same BAC as at the time of driving. However, this presumption is rebuttable. An attorney can help you determine if this defense is helpful in your case.

It is essential that you work with a legal team that understands the intricacies of a DUI. At the Law Office of Jonathan Steele, we have extensive experience in all types of criminal defense and DUI laws.

Reach Out to a Knowledgeable Santa Rosa DUI Attorney You Can Trust Today

You don’t have to deal with DUI charges alone. You can secure support from the understanding and fierce team at the Law Office of Jonathan Steele. Working with a compassionate and aggressive defense attorney can make all the difference in the result of your criminal case. Contact our firm today to learn more and secure a reliable defense for your future.