Criminal Defense: Understanding Your Rights as a First-Time Offender

Criminal Defense: Understanding Your Rights as a First-Time Offender

If you have recently been arrested for the first time, you are likely feeling stressed and overwhelmed as you wait for the next steps. Many first-time offenders do not fully understand their legal rights or what to expect during the criminal defense process. California’s criminal justice system is complex, and not understanding your rights or the steps of the process can cause you to make mistakes that affect your case.

Fortunately, a criminal defense lawyer can help you understand your legal rights as a first-time offender. Experienced Santa Rosa criminal defense lawyer Amy Chapman regularly represents first-time offenders facing a wide range of charges, from minor summary offenses to misdemeanors and felonies. Contact the Law Office of Amy Chapman today at 707-636-3207 to discuss your case in a free consultation.

What Should You Do When You’re Arrested?

When you’re arrested, your primary concern should be understanding and exercising your legal rights. There are specific steps you should take to protect yourself during and after the arrest.

Your Right to Remain Silent

The right to remain silent is the most important right you have during an arrest. Under the Fifth Amendment of the U.S. Constitution, anything you say to law enforcement officers can be used against you in court. 

You do not have to answer questions or provide information beyond your identification. Law enforcement is required to inform you of your Miranda rights, which include the right to remain silent and the right to an attorney. It is always best to exercise this right and avoid making statements that the prosecution could use against you in a criminal case.

Your Right to an Attorney

You have the right to an attorney throughout the criminal process. This right is guaranteed by the Sixth Amendment of the U.S. Constitution, which states that you are entitled to legal counsel if you are facing criminal charges. 

If you cannot afford an attorney, the court will appoint a public defender to represent you. Having an attorney by your side ensures that your rights are upheld and that you are properly advised on how to proceed with your case.

Your Right to Be Informed of Charges

You are entitled to be informed of the charges against you, which is typically done at an arraignment. During this hearing, the judge will formally present the charges and you will have the opportunity to enter a plea. Being fully informed of the accusations allows your lawyer to properly prepare your defense. Under California law, the prosecution must also disclose the evidence they have against you, as this gives you a fair chance to challenge their case.

Steps in the Criminal Process

If you’re facing criminal charges, you may be wondering about the steps in the criminal justice process.

Arraignment and Bail

Once you’re arrested, you’ll typically be taken to court for an arraignment. At this hearing, the charges against you are read, and you’ll enter a plea. Bail may also be set at the arraignment. The judge will determine whether you can be released on bail and will set an amount. California courts try to avoid setting the bail excessively high, especially for first-time time-offenders, unless the offense is a serious felony.

If you’re unable to post bail, you may remain in jail until your next court appearance. However, some cases qualify for a release on your own recognizance, meaning you don’t have to pay bail but must promise to appear in court at a later date. You should consult with your attorney during this process to discuss your options.

Pretrial Motions and Hearings

Before your trial, your attorney may file pretrial motions to challenge the evidence against you or even have the case dismissed. For example, they may argue that certain evidence was illegally obtained through a violation of the Fourth Amendment’s protection against unreasonable searches or seizures. If successful, a pretrial motion may lead to reduced charges or an outright dismissal of the case.

Discovery Process

During discovery, both the prosecution and defense are required to exchange evidence relevant to the case. This process helps ensure that both sides have access to the same information and can prepare accordingly. 

According to California Penal Code § 1054, the prosecution is obligated to disclose exculpatory evidence (evidence that could help your defense) as part of the discovery process. If the prosecution fails to comply with discovery rules, they could face penalties and the case could possibly be dismissed.

Negotiating a Plea Deal

Prosecutors may offer a plea deal where you agree to plead guilty in exchange for a lighter sentence, reduced charges, or probation instead of jail time. You should always consult with an attorney before accepting a plea deal. A plea deal is often a good option for a first-time offender, but it’s important to understand the full scope of what you’re agreeing to before making any decisions.

Trial

If a plea deal is not offered or accepted, your case will proceed to trial. Criminal trials typically involve a jury, although you may waive your right to a jury trial and opt for a bench trial where the judge makes the final decision.

Your attorney will present your defense, cross-examine witnesses, and challenge the prosecution’s case. If you’re found guilty, the judge will determine the appropriate sentence based on the severity of the crime and other factors. If you’re acquitted, the charges are dropped and you are free to go.

Appeals

If you are convicted of a crime, you have the right to appeal the conviction. An appeal does not mean that the case will be retried. Instead, the appellate court will review the trial’s legal process to determine if any errors might have affected the fairness of the trial. Common reasons for filing an appeal include improper admission of evidence, incorrect jury instructions, or ineffective legal counsel.

Generally, you have 60 days after the conviction to file an appeal of a felony conviction and 30 days after a conviction for a misdemeanor. Once filed, the appellate court will review the case and decide whether the trial court’s decision should stand, be modified, or be reversed. If the appeal is successful, your case may be remanded for a new trial or the charges may be dismissed.

Why You Should Hire an Experienced Criminal Defense Lawyer

Criminal defense attorneys are well-versed in state-specific laws and understand how to navigate California’s criminal justice system. Regardless of the specific charge you face, you should strongly consider contacting an experienced Santa Rosa criminal defense lawyer. Your lawyer can help you prepare a strategic defense and ensure that your case is handled fairly.

Your attorney will investigate the circumstances surrounding your arrest, examine the evidence, and work with experts (in some cases) to support your defense. Common defenses might include a lack of criminal intent, self-defense, or an unlawful search and seizure. For example, if the police did not have a warrant or probable cause, any evidence obtained might be inadmissible in court. Your attorney will use all available tools to fight the charges against you.

Possible Penalties for First-Time Offenders

Penalties for first-time offenders depend on the severity of the offense. For misdemeanors, penalties may include probation, community service, fines, or up to one year in county jail. However, felony convictions carry much harsher penalties, such as prison time, longer probation periods, and larger fines. First-time offenders may receive more lenient sentencing than repeat offenders, but this largely depends on the type of crime committed.

The consequences of a conviction extend beyond the penalties imposed by the court. A conviction can affect your ability to find employment, housing, and student loans. In some cases, it may also affect your immigration status if you’re a non-citizen. Since even a first-time conviction can limit your future opportunities, you should strongly consider hiring an experienced criminal defense attorney who can work to minimize these risks. Probation or a diversion program may also be options that could allow you to avoid a permanent criminal record.

Expungement and Record-Sealing

After completing your sentence, it’s natural to want to move forward with your life and put the experience behind you. In California, you may apply to have your record cleared. While the term “expungement” is often used in other states, in California, it is more accurately described as a “dismissal” of the case. The court sets aside the verdict and essentially treats the case as if it never happened.

To expunge your criminal record in California, you must meet several criteria. First, you need to have completed all terms of your sentence, including probation, jail, or prison time. While most convictions are eligible, certain serious crimes like sexual offenses may not qualify. Typically, only misdemeanor or non-violent felony crimes qualify.

To initiate the process, you must file a petition with the court where you were convicted. The court will review your petition and set a hearing where you or your attorney will present evidence showing that you deserve to have the charge cleared from your record.

If the court grants the request, the conviction is dismissed and the records are sealed. However, this does not mean that the case is entirely erased from history. Law enforcement agencies and certain government entities may still access the cleared records, and the conviction can still be considered in future criminal cases.

Discuss Your Case With a Santa Rosa Criminal Defense Lawyer

Have you recently been charged with a crime in Sonoma County? The Law Office of Amy Chapman is here to provide you with a skilled and compassionate legal defense. We will evaluate every aspect of your case, build a strong defense strategy, and stand by your side through each step of the criminal justice process. Contact experienced Sonoma County criminal defense lawyer Amy Chapman today at 707-636-3207 to learn more in a free consultation.

Expungement and Record Sealing: How to Clear Your Criminal Record

California Expungement and Record-Sealing | Amy Chapman

A criminal record can significantly impact your life, even after your sentence has been served. The stigma of a criminal conviction or even an arrest can close doors that would otherwise be open. It can affect your ability to find a job, secure housing, and move forward.

Fortunately, California law provides options to minimize these consequences, including expungement and record sealing. If you are looking to expunge a conviction or seal your record, the Law Office of Amy Chapman is here to help. Our Santa Rosa expungement lawyers can review your case and help you take the necessary steps to move on with your life after a conviction. Contact us today at 707-636-3207 to learn more in a free consultation.

What is Expungement in California?

Each state has different laws regarding expungement. In California, expungement is a legal process that allows you to have a conviction dismissed if you meet certain conditions. According to California Penal Code §1203.4, expungement does not erase the conviction but changes the record to show that the case was dismissed. The applicant withdraws their guilty plea and enters a new plea of not guilty.

For example, if you were convicted of a misdemeanor and completed all terms of your probation, you could be eligible for expungement. Once granted, you could honestly say that you were not convicted of that crime in applications for employment, housing, and most other places that you are asked about a criminal record. 

However, it’s important to remember that expungement does not completely erase all records of the conviction. Law enforcement and certain government agencies may still see a record of it when conducting background checks. Additionally, expungement is not available for all offenses. Serious crimes, such as certain sex offenses, are ineligible. You can determine whether your offense qualifies for expungement in California by consulting with an experienced California criminal defense attorney.

What is Record Sealing in California?

Record sealing is different from expungement. It involves making certain records inaccessible to the public but does not erase them. This process is most commonly used for arrest records that did not lead to a conviction and some juvenile records. 

If you were arrested in California but not convicted, you might be eligible to seal your record under California Penal Code §851.91. Once sealed, you do not need to mention the arrest on applications for employment, housing, and other areas.

Eligibility for Expungement and Record Sealing in California

Eligibility criteria for both expungement and record sealing depend on various factors, including the type of offense, the outcome of the case, and the applicant’s criminal history.

Expungement Eligibility

To qualify for expungement in California, you generally need to have:

  • Completed probation or jail time, if applicable;
  • Paid all fines and restitution;
  • No current charges or open cases;
  • No pending probation violations.

Certain felonies and most misdemeanors may be eligible, but serious sex offenses or offenses that require time in state prison after Realignment under California Penal Code §1170(h) are typically not eligible.

Record Sealing Eligibility

According to the Judicial Branch of California, record sealing may be an option in any of the following scenarios:

  • If you were arrested, but no formal charges were filed against you.
  • If you were arrested and charged, but the case was eventually dismissed.
  • If you completed a diversion program, leading to the dismissal of the charges.
  • If you completed a Deferred Entry of Judgment (DEJ) program and fulfilled all conditions, resulting in dropped charges.
  • If you went to trial and were found not guilty.

Recent changes in California law have made it easier to seal certain records. Under California’s new Clean Slate Law, many minor offenses are now automatically sealed after completing a sentence. Additionally, juvenile records are often sealed automatically when you turn 18, as long as there are no ongoing issues.

How to Apply for Expungement or Record Sealing in California

Applying for expungement or record sealing in California involves several important steps. An experienced California expungement lawyer can guide you through these steps and ensure that you have the best chance of successfully expunging or sealing your record.

Gather the Necessary Documents

Once you have determined your eligibility, you will need to collect all required documentation. Gather court records, arrest reports, your case number, and proof that you’ve completed all terms of your sentence, such as probation and fines. Make sure you have accurate and complete records, as any errors or omissions can slow down the process and may result in a denial. Your lawyer can help you gather all documentation and ensure you have everything you need before applying.

File a Petition with the Court

To begin the expungement or record-sealing process, you must file a formal petition with the appropriate California Superior Court. If you’re applying for expungement, this is usually the court in the county where you were convicted. For record-sealing, especially for arrest records that did not result in a conviction, you’ll file a motion to seal with the court. This step may involve paying a filing fee, but you might be eligible for a fee waiver if you have financial difficulties.

Attend a Court Hearing

The court will schedule a hearing to decide whether to approve the request. This hearing is an opportunity for you to present evidence supporting your case, such as proof of rehabilitation, employment history, or community involvement. A California criminal defense attorney can help you prepare for the hearing and represent you in court.

Receive the Court’s Decision

After reviewing the petition, supporting documents, and any evidence presented during the hearing, the judge will make a decision. If the court approves your request, they will issue an order to expunge or seal the record and update it to reflect the change. If your petition is denied, you may have the option to appeal the decision or address any issues that led to the denial and reapply. Once your record has been expunged or sealed, it’s a good practice to verify that the changes are reflected in public databases, such as your record with the California Department of Justice.

What Happens After Expungement or Record-Sealing in California?

Getting your record expunged or sealed can be a major weight off your shoulders, as you no longer need to worry about the common hurdles associated with a criminal record.

Improved Employment Opportunities

You are likely to see a significant improvement in job prospects after expunging or sealing your record. In California, employers are generally not allowed to ask about expunged or sealed convictions. For most positions, you can legally answer “no” when asked if you have a criminal record. However, certain jobs, such as those in government or law enforcement, may still require disclosure.

Better Access to Housing

A sealed or expunged record can also make it easier to find housing. Landlords often run background checks before approving rental applications, and a criminal conviction may result in a denied application. Even if a landlord does happen to see a sealed record, the fact that the issue has been addressed can work in your favor.

Easier Professional Licensing

Expungement and record-sealing can make it easier to obtain or retain professional licenses, including those in healthcare, education, and finance. Although certain California licensing boards may still ask about past convictions, an expungement shows a commitment to rehabilitation. In most cases, sealed records do not need to be disclosed.

Learn More About Expungement and Record-Sealing From a Santa Rosa Criminal Defense Attorney

Are you struggling to move on with your life after a criminal conviction? Fortunately, California law allows many offenses to be expunged or sealed. At The Law Office of Amy Chapman, we help clients expunge and seal records so that they have a fair shot at a second chance following a conviction. Contact us today at 707-636-3207 to discuss your case in a free consultation.

Related: Criminal Defense: Understanding Your Rights as a First-Time Offender

How to Defend Yourself Against DUI Charges

California DUI Defense | Law Office of Amy Chapman

A DUI conviction can carry severe legal penalties. In California, even a first-time offense can result in serious consequences, such as fines, jail time, a suspended license, and a permanent criminal record. However, remember that being charged with a DUI does not mean a conviction is inevitable. You have a right to defend yourself against the charges.

Experienced Santa Rosa criminal defense lawyer Amy Chapman has helped countless clients fight DUI charges in California. If you have recently been charged with DUI, Amy is prepared to help you seek the best possible outcome based on the circumstances of your case. Contact the Law Office of Amy Chapman today at (707) 636-3207 to discuss your DUI case in a free consultation.

Know Your Legal Rights

Knowing your legal rights during a DUI stop can potentially make a difference in the outcome of your case. Many people inadvertently hurt their case by making statements or providing evidence to police. Here are some rights to remember if you get pulled over on suspicion of driving under the influence.

Your Right to Remain Silent

During traffic stops, police officers typically ask questions that are designed to incriminate the driver. You are not required to answer any questions during a traffic stop, and it is generally best to invoke your right to remain silent. Officers may ask things like:

  • “Have you had anything to drink tonight?”
  • “Where are you coming from?”
  • “How much have you had to drink?”

It may feel natural to try to explain yourself or appear cooperative, but anything you say can and will be used against you in court. Even seemingly innocent statements could be twisted to suggest guilt, such as admitting to “just one drink.”

Can You Refuse a Sobriety Test in California?

You have the right to refuse field sobriety tests (FSTs), such as the “walk-and-turn” or eye movement tests. These tests are highly subjective and often unreliable, meaning officers may interpret your performance as evidence of impairment even if you were not intoxicated.

Refusing field sobriety tests does not carry any legal penalties in California. However, once you are placed under arrest, California’s implied consent law requires you to submit to a chemical breath or blood test to measure your blood alcohol concentration (BAC). Refusing these tests after arrest will result in an automatic license suspension by the Department of Motor Vehicles, regardless of the outcome of your case.

Potential Defenses Against DUI Charges

A DUI defense lawyer can help you explore several legal defenses that could be used to challenge the charges against you. The right strategy depends on the circumstances of your case.

Challenging the Legality of the Traffic Stop

Law enforcement must have probable cause to stop your vehicle. This might include observing your vehicle swerving, running a red light, speeding, driving without headlights, or violating another traffic law. However, if an officer stops you without reasonable suspicion that you violated a traffic law or committed a crime, the entire case could be dismissed.

Your attorney can carefully examine the police report and any dashcam or bodycam footage to determine if the officer had probable cause for the traffic stop. If there was no justifiable reason for the stop, your attorney may argue that the stop violated your Fourth Amendment right against unlawful search and seizure. This could result in all evidence gathered after the stop being thrown out and a potential dismissal of the charges.

Questioning Breathalyzer and Blood Test Results

Chemical tests like breathalyzers or blood tests are often the main piece of evidence in DUI cases, as they are used to prove that a driver’s BAC was above the legal limit of 0.08%. However, these tests are not always accurate. If there is evidence that suggests your test was inaccurate, your lawyer could use this as an argument against your DUI charges.

Faulty Breathalyzer Equipment

Breathalyzer machines must be regularly calibrated and maintained to ensure accurate readings. If the device used during your arrest was improperly calibrated, it may have produced an incorrect BAC reading. 

Human Error

Police officers and lab technicians must follow strict protocols when administering chemical tests. If the officer who administered your test failed to follow proper procedures, or if there was a mishandling of your blood sample in the lab, the results may be inadmissible.

Police Officer Misconduct or Report Errors

DUI arrests involve several steps. Any deviation from standard procedure can be used to challenge the charges. Police officers are required to:

  • Follow field sobriety test guidelines if these tests are administered.
  • Handle chemical tests according to established protocols

If the arresting officer failed to follow standard procedure, omitted crucial details in the police report, or violated your constitutional rights during the stop or arrest, your attorney can argue that the evidence collected is inadmissible. In some cases, significant procedural errors could result in the entire case being dismissed.

Negotiating Plea Deals and Alternative Sentencing

In many DUI cases, taking the case to trial may not be the best or most practical option. Instead, negotiating a plea deal or pursuing alternative sentencing options can offer a faster resolution and more favorable outcome.

A plea deal, also known as a plea bargain, is an agreement between the defendant and the prosecutor in which the defendant agrees to plead guilty or no contest in exchange for a reduced sentence. In return, the prosecutor agrees to drop some of the more serious charges or offer lighter penalties. For example, a DUI charge could be reduced to a wet reckless offense, which is less severe and has fewer long-term consequences.

Even if a charge reduction isn’t possible, a skilled DUI attorney may negotiate for alternative sentencing options that help you avoid jail time or excessive fines. In California, the most common alternative sentencing options include drug or alcohol rehabilitation and the Mothers Against Drunk Driving (MADD) Victim Impact Program.

Preparing for Trial

If your attorney is unable to help you resolve your case through a plea deal, you will need to go to trial. Your lawyer will guide you through each step of the trial process, from jury selection to the presentation of evidence in court. During the trial, your attorney will cross-examine the arresting officers, challenge the accuracy of breath or blood tests, and present any exculpatory evidence. The goal is to create reasonable doubt in the jury’s mind and make it difficult for the prosecution to secure a conviction.

Discuss Your Case with a Santa Rosa DUI Lawyer

If you have recently been arrested for DUI in Sonoma County, it’s important to take the charges seriously. Experienced Sonoma County DUI lawyer Amy Chapman can evaluate your case and help you determine the best course of action, which could be negotiating a plea deal, seeking alternative sentencing, or fighting the charges in court. Call the Law Office of Amy Chapman today at (707) 636-3207 to learn more about your legal options in a free consultation.

Related: Expungement and Record Sealing: How to Clear Your Criminal Record

Criminal Defense: Understanding Your Rights as a First-Time Offender

The Consequences of Repeat DUI Offenses in California

Consequences of Repeat DUI Offenses in California

The consequences of a DUI can be life-changing even for first-time offenders in California, but repeat offenders face even more severe penalties. Whether you’re facing a first DUI charge or a second or subsequent charge, it’s important to understand these consequences and your legal rights. 

Sonoma County DUI lawyer Amy Chapman can analyze your case, help you decide how best to proceed, and determine the best legal defense based on the facts of the case. You can learn more about your legal options in a free consultation by contacting Amy Chapman Law at (866) 880-9096.

First-Time DUI Penalties in California

To fully understand the seriousness of repeat DUI offenses in California, we should first look at first-time DUI penalties as a frame of reference. Although a first-time conviction can have major consequences, second and subsequent DUI offenses carry much higher penalties.

First-time DUIs are considered misdemeanor offenses in California. Specific penalties may vary by county, but generally include the following, according to California Vehicle Code 23540:

  • 3-5 years of probation, but usually 3 years
  • 3 or 9 months of DUI school
  • $390-1,000 in fines and penalties, plus assessments which can be over $1000
  • 6 months driver’s license suspension
  • Minimum 2 days in jail, up to 6 months, depending on the county
  • Work release or community service in some counties

Since even a first-time DUI carries strict penalties in California, those facing a first charge should consider discussing their case with an experienced California DUI lawyer. In some cases, a first-time DUI can be reduced to a lower charge of reckless driving.

Increased Penalties for Repeat DUI Offenses

Repeat DUI offenses in California have higher penalties, which are aimed at deterring first-time offenders from making the same mistake twice. These may include increased fines, jail sentences, and license suspensions. These penalties continue to escalate on each subsequent conviction.

Longer Jail Sentences

Although first-time offenders often only serve probation with no actual jail time, second and subsequent convictions carry mandatory jail time. These sentences increase on each subsequent conviction.

Like first-time offenders, those convicted of a second DUI are required to serve 3-5 years of summary DUI probation. They are also required to serve at least 10 days in county jail, but this sentence can be up to a year, depending on the county and the circumstances of the case. For example, a DUI involving a higher alcohol level is more likely to result in a longer jail sentence.

Third-time DUIs are also punishable by 3 to 5 years of probation, along with 120 days to 1 year in jail. A fourth DUI conviction carries a sentence of between 180 days in jail and 3 years in state prison. 

Fourth and subsequent offenses can also be charged as felonies in California, but prosecutors have the option to charge as either a felony or a misdemeanor. If charged as a felony, a conviction carries a state prison sentence of either 16 months, two years, or three years.

DUI School

All DUI convictions require a term in a court-approved DUI education program, also known as a DUI  school., but these terms are longer for repeat offenders. While a first-time offender is required to attend DUI school for 3 or 9 months, this requirement increases to 18 months for second offenses. For third and subsequent convictions, the offender must serve 30 months in a DUI school.

Extended License Suspension and Ignition Interlock Requirements

In California, repeat DUI offenders face longer license suspensions and more stringent ignition interlock device requirements from the California Department of Motor Vehicles. These suspensions are also longer in cases involving injuries. In addition, 3rd and subsequent convictions carry a license revocation, rather than a suspension – meaning that you must apply to have your license reinstated.

For a second DUI, the California DMV will suspend your license for 2 years, but revoke it for 3 years if anyone else was injured. A third offense carries a 3-year revocation, but a 4-year revocation for injuries. 4th and subsequent offenses result in a 4-year revocation and 5 years for injuries. In addition, 2nd offenders with prior felony convictions have their license revoked for 4 years, or 5 years in cases involving injuries.

Since 2019, repeat DUI offenders in California have been required to install an ignition interlock device (IID) in their vehicle before their driving privileges are reinstated. Once these privileges are restored, a restricted license period begins, in which the driver may only operate vehicles outfitted with an IID. The length of this period depends on the number of prior DUI convictions within the past ten years, as follows:

  • 2nd offense – One year, or two years for injury cases
  • 3rd offense – 2 years, 3 years with injuries
  • 4th and subsequent offenses – 3 years, with or without injuries
  • 2nd offense with prior felony conviction – 3 years, 4 years with injuries

Aggravating Factors That Can Increase Penalties

Under California law, several aggravating circumstances can lead to increased penalties, regardless of how many prior DUI convictions you have. These aggravating circumstances include:

  • A blood alcohol content (BAC) of 0.15% or higher
  • Refusing to take a chemical test following an arrest on suspicion of DUI
  • The DUI incident led to an accident
  • Excessive speeding
  • A child under 14 years old was in the vehicle at the time of the arrest
  • If the driver was under 21 years old at the time of their arrest
  • DUI cases involving injuries or death

The Importance of Legal Representation for Repeat DUI Offenders

Whether you are facing a first DUI charge or have priors, you should strongly consider seeking legal guidance from an experienced California DUI lawyer. A lawyer can protect your rights and explore all possible avenues for minimizing the penalties you face, including challenging the prosecution’s evidence, seeking reduced charges, or negotiating a plea deal.

Strategic Legal Defense Planning

An experienced DUI lawyer can develop a strategic defense plan based on the specific circumstances of your case. This typically begins with a comprehensive review of the evidence, including police reports, breathalyzer results, and witness statements. 

The attorney may look for potential weaknesses in the prosecution’s case and develop effective defense strategies based on those weaknesses. This may include challenging the legality of the traffic stop, questioning the accuracy of field sobriety or chemical tests, or raising concerns about procedural errors by police. 

Additionally, a DUI defense attorney can explore alternative options like plea bargaining or diversion programs, depending on the circumstances of the case. The attorney will thoroughly evaluate all available options and advise the client on the best course of action to minimize the potential consequences of a conviction.

Negotiating with Prosecutors

In some DUI cases, the prosecution may be open to negotiating plea deals. A DUI defense lawyer can use their negotiation skills and knowledge of the legal system to advocate for a favorable outcome on behalf of their client. This may involve negotiating reduced charges, minimizing penalties, or seeking alternative sentencing options, such as probation instead of jail time. 

An experienced DUI defense attorney will understand the nuances of plea bargaining and can assess the potential risks and benefits of accepting a plea deal versus proceeding to trial. They can provide comprehensive legal counsel and guidance to help clients make informed decisions about any proposed plea deals. The vast majority of DUI cases end with a plea agreement, rather than going to trial.

How Can I Restore My Driving Privileges After a Repeat DUI in California?

If your driver’s license has been suspended or revoked after a repeat DUI conviction in California, you may have options for restoring your driving privileges. However, reinstating a suspended license is much easier than getting a license back after it has been revoked. Here is an overview of the process for both suspensions and revocations.

Reinstating a Suspended License

Although DUI convictions carry mandatory license suspensions in California, you may still apply for an IID-restricted license, even if you have previous offenses. You may qualify for an ignition interlock device (IID) restricted license if you enroll in DUI school, pay a reinstatement fee, and apply for one with the California DMV. With an IID-restricted license, you may drive anywhere during your suspension, as long as the vehicle has an IID. 

The restricted license period lasts throughout the term of your suspension. Once your suspension term has expired and you have fulfilled all terms of your sentence, you may apply for reinstatement and must also pay a reinstatement fee, provide proof of auto insurance coverage, and submit all forms required by the California DMV.

Getting a Revoked Driver’s License Back

If your license was revoked for multiple DUIs, you cannot get it reinstated or restored. Instead, you must apply for a new driver’s license. You must go through the full process again, including the written exam and road test. 

Discuss Your Case With California DUI Lawyer Amy Chapman

Have you recently been charged with a second, third, fourth, or subsequent DUI in California? It’s important to take this charge seriously and understand your legal options. Experienced California DUI defense lawyer Amy Chapman helps her clients understand their rights and explore all legal options. Contact the Law Office of Amy Chapman today at (866) 880-9096 to discuss your case in a free consultation.

Related: How to Defend Yourself Against DUI Charges

Expungement and Record Sealing: How to Clear Your Criminal Record

Criminal Defense: Understanding Your Rights as a First-Time Offender

California Counties With the Most DUI Charges

California Counties With the Most DUI Charges

According to data from the California Department of Motor Vehicles, there were 124,141 DUI arrests in the state in 2019 (the most recent year available). These arrests are not evenly distributed among California counties, as some counties account for a disproportionate number of arrests. 

If you have recently been arrested for DUI in Sonoma County experienced DUI defense lawyer Amy Chapman can help you explore your legal options. Contact the Law Office of Amy Chapman to learn more about what to do after a DUI arrest in California.

Counties Near Santa Rosa With the Most DUI Arrests

DUI attorney Amy Chapman is based in Santa Rosa, so let’s look at the counties with the highest rates of DUI arrests in this region.

Sonoma County

Home to Santa Rosa, Sonoma County is not a statewide leader for DUI arrests. However, there have been significant DUI arrest numbers here over the years. Here is a look at DUI arrests in Sonoma County between 2015-2019, according to statistics from the California DMV:

  • 2015 – 2,640 arrests
  • 2016 – 2,469 arrests
  • 2017 – 2,380 arrests
  • 2018 – 2,322 arrests
  • 2019 – 2,382 arrests

While California DMV statistics only go back to 2019, DUI arrests in the area steeply declined in 2022. According to the Sonoma Index-Tribune, there has been a 48.7% decline in DUI arrests for 2022 compared to 2021.

Contra Costa County

In the East Bay, Contra Costa County also has a significant number of DUI arrests. Here is the breakdown of Contra Costa County DUI arrests from 2015 to 2019:

  • 2015 – 3,173 arrests
  • 2016 – 2,910 arrests
  • 2017 – 2,639 arrests
  • 2018 – 2,725 arrests
  • 2019 – 2,717 arrests

Alameda County

Alameda County is directly southwest of Contra Costa County. This county is across the Bay from the City and County of San Francisco. Here is an overview of DUI arrests in Alameda County:

  • 2015 – 5,319 arrests
  • 2016 – 5,478 arrests
  • 2017 – 4,820 arrests
  • 2018 – 5,172 arrests
  • 2019 – 5,123 arrests

Sacramento County

Sacramento County has the highest rate of DUI arrests of all counties that are near Santa Rosa. This is to be expected, as Sacramento is the largest major city in the region. Here is a breakdown of Sacramento’s DUI arrests from 2015 to 2019:

  • 2015 – 5,059 arrests
  • 2016 – 4,574 arrests
  • 2017 – 3,445 arrests
  • 2018 – 4,002 arrests
  • 2019 – 4,625 arrests

San Mateo County

Located just south of San Francisco, San Mateo County accounts for a significant portion of DUI arrests in the area:

  • 2015 – 2,547 arrests
  • 2016 – 2,511 arrests
  • 2017 – 2,281 arrests
  • 2018 – 2,364 arrests
  • 2019 – 2,269 arrests

DUI Checkpoints in California

DUI checkpoints are legal at the federal level in the United States, but they are prohibited at the state level in 12 states. California is one of the 38 states that permit sobriety checkpoints. Driving while intoxicated should always be avoided at all costs, but even responsible and sober drivers should be aware of DUI checkpoint laws and how to conduct themselves when they encounter one.

California DUI Checkpoint Laws

California’s DUI checkpoint laws are outlined in Title II, Chapter 19 of the California Code of Regulations. At DUI checkpoints in California, drivers can be detained for short periods without probable cause. Police officers are also required to follow certain rules when working at DUI checkpoints:

  • A supervising officer must oversee the checkpoint and make sure that all officers are following the rules.
  • Drivers must be stopped in a random way, such as every third car.
  • Checkpoints can only be placed in areas with high rates of drunk driving arrests or accidents.
  • Safety precautions must be in place, including clearly visible roadblocks, flashing lights, and warning signs.
  • The supervising officer is required to use “good judgment” to determine the duration of a roadblock and to ensure roadblocks do not overly inconvenience drivers.
  • Drivers may be detained for as long as law enforcement needs to ask questions and evaluate the driver for intoxication.
  • DUI checkpoints must be publicly announced in advance through the local news and police department websites.  

What Happens During a DUI Checkpoint?

Drivers who approach DUI checkpoints are legally required to comply with all officer instructions. If your vehicle is selected to be stopped at a DUI checkpoint, a police officer will approach the vehicle and ask for your registration and driver’s license. Officers also often ask questions to look for signs of intoxication. Some of the signs they are looking for include:

  • Smell of alcohol
  • Trouble answering questions
  • Slurred speech
  • Delayed movements
  • Alcohol or drugs within sight
  • Difficulty locating and giving the officer your license and registration

If the officer believes a driver has shown one or more signs of intoxication, they may ask the driver to agree to a field sobriety test, a breathalyzer test, or a DUI mouth swab test for drugs. Failing any of these tests could result in a DUI arrest. 

California law allows drivers to refuse to submit to sobriety tests at DUI checkpoints, but police officers can still make arrests if they believe there is sufficient evidence of DUI. If a driver is arrested on DUI charges, they no longer have the right to refuse a sobriety test, and refusing to do so can bring additional charges.

Are You Allowed to Turn Around to Avoid DUI Checkpoints in California?

California has no law that prohibits drivers from turning around to avoid an upcoming DUI checkpoint. However, this can only be done if it is a legal turn. Making an illegal U-turn to avoid a checkpoint will get you pulled over. 

Police are also prohibited from pulling someone over for turning around and must have additional probable cause, such as witnessing signs of drunk driving. If you follow all traffic laws and do not show signs of intoxication or another reason to be pulled over, you can turn around to avoid DUI checkpoints in California.

Common Legal Defenses to DUI Checkpoint Arrests

If you have recently been charged with driving under the influence (DUI) after being stopped at a checkpoint in California, you may be wondering how to proceed. Being charged with DUI is an extremely stressful experience and many people are unsure of how to respond to these charges. 

An experienced criminal defense attorney can review your case and help identify potential defenses to the charges. Not all DUI arrests have a defense that could get the charges dropped and in some cases, an attorney may recommend pleading guilty as part of a plea deal.

Some legal defenses for DUI checkpoint charges in California include:

  • The checkpoint was not clearly marked
  • There is evidence that the stop was not random, such as officers stopping a driver based on race
  • Officers at the checkpoint did not follow checkpoint rules
  • An officer improperly administered field sobriety tests
  • The DUI checkpoint was not publicly advertised
  • The driver’s 4th amendment rights were violated

If one or more of these defenses applies to your case, an experienced Santa Rosa DUI defense lawyer could potentially help you fight the charges.

Learn More From Santa Rosa DUI Defense Lawyer Amy Chapman

Santa Rosa DUI defense lawyer Amy Chapman helps clients in Santa Rosa and all of Sonoma County. Amy understands how to evaluate all details of a case and guide their client on the best legal path based on the facts. Contact Amy today to learn more about your options after a DUI arrest.

Related:

The Consequences of Repeat DUI Offenses in California

How to Defend Yourself Against DUI Charges