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.

Best Defenses for Hit & Run Charges in California

If you are wondering what to do after a hit and run in California, it is important to be aware of your legal options and the possible legal defenses. Each case is unique and the best defense for your case will depend on the circumstances of the crash. In some hit-and-run cases, the charges may be dismissed if the defendant and their criminal defense attorney present a strong case.

Sonoma County criminal defense lawyer Amy Chapman has extensive experience representing clients in various misdemeanor and felony traffic violation cases, including hit and run. Amy is prepared to evaluate your case and help you construct a sound legal defense based on the facts. Contact Amy Chapman Law today at (707) 636-3207 to learn more about your options in a free consultation.

What Is the Definition of Hit and Run in California?

The laws regarding hit-and-run crashes in California are covered under California Vehicle Code sections 20002 (misdemeanor) and 20001 (felony). Both misdemeanor and felony hit-and-run charges involve leaving the scene of an accident. Misdemeanor charges are filed in cases that only involve property damage, while felony charges may be filed for hit-and-run crashes involving injuries.

Misdemeanor Hit and Run

According to California Vehicle Code 20002, “any driver involved in an accident resulting only in damage to property or vehicle shall stop at the nearest location that won’t impede traffic or jeopardize the safety of other motorists.” After an accident, California drivers are obligated to stop their vehicle immediately, provide their name and address to the other driver, and show their driver’s license and car registration upon request.

These requirements apply in accidents involving two or more moving vehicles in traffic, collisions with parked vehicles, and collisions with pedestrians and cyclists. The severity of the property damage does not matter – you must stop at the scene following any accident in California.

Drivers who are found guilty of misdemeanor hit and run in California are subject to the following penalties:

Up to 6 months in county jail
A fine of up to $1,000
2 points on their California driver’s license
Up to 1 year of probation

Felony Hit and Run

California Vehicle Code 20001 states that a driver who fails to stop at the scene of an accident that results in injury or death to another person may be found guilty of felony hit and run. Drivers who flee the scene of accidents with the knowledge that there is likely an injury could face a felony charge.

VC 20001 goes on to outline the steps motorists must take following an accident that involves injury or death:

Immediately pull over at a safe location
Provide the injured driver with your name, address, and vehicle registration
Attempt to help the injured driver get medical care
Give relevant information to the responding police officer at the scene

Those who fail to follow these guidelines may be charged with felony hit and run. If convicted, the penalties may include time in county jail, up to three years in state prison, a fine of up to $10,0000, and restitution to the victim.

How Can I Beat Hit and Run Charges in California?

There are a few common defenses that criminal defense lawyers use when representing clients who have been charged with hit and run in California. In some cases, a criminal defense lawyer may also recommend a plea agreement for a reduced sentence. Those who face such charges should speak with a criminal defense lawyer to find out if these or other defenses apply to their case and how to proceed.

Lack of Knowledge

If you did not realize an accident had occurred or that there was damage or injuries, lack of knowledge could be a defense to hit-and-run charges.

For example, say you were involved in a fender-bender and you and the other driver left the scene willingly under the impression there was no damage. However, the other driver later discovered the damage and reported the crash to the police, who eventually arrested you on hit-and-run charges. In this example, a criminal defense lawyer may be able to argue that you had no knowledge of the damage.

Not Driving During the Accident

There have been cases of people being charged with hit and run even though they were not behind the wheel at the time of the accident.

This can happen if the car was stolen and the thief got into an accident, but the police mistakenly identified the owner as the driver. Another example would be a crash where the owner was a passenger while another person was driving.

In either case, the license plate information would lead back to the owner. If your criminal defense lawyer can prove that someone else was driving at the time of the crash, you could beat the charges.

No Damage or Injuries

Prosecutors are required to prove that there was damage to property for misdemeanor hit-and-run charges and injuries for felony charges. If you are facing hit-and-run charges even though there was no damage nor any injuries in the crash, proving this in court can get the charges dismissed.

Exchanged Information

California Vehicle Code 20002 states that anyone who is involved in an accident with damage must provide their personal information to the owner of that property. In accidents involving another driver, this information should be exchanged directly. For accidents involving parked vehicles, the person who caused the crash is required to leave a note with this information.

If you provided your driver’s license, vehicle registration, and contact information as required by law, you have met the legal requirements of a hit-and-run accident and could be found not guilty.

Responding to Emergency

Responding to an emergency can be a valid defense to hit-and-run charges, but this decision will be made on a case-by-case basis by the court. For example, if you left the scene because you were bringing someone to the hospital for an urgent injury or health matter, this could potentially be used as part of your criminal defense.

Involuntary Intoxication

If you were drugged and become involuntarily intoxicated before the accident, a criminal defense lawyer could argue that you were operating at diminished capacity. An attorney will need strong evidence to back up this defense.

What to Do After a Hit and Run

If you have left the scene of an accident but are not yet facing charges, consider turning yourself in and cooperating with the police. However, you should also strongly consider speaking with a criminal defense lawyer first. Your actions following the crash can significantly influence your case, so you should strongly consider seeking legal guidance early in the process.

Contact Sonoma County Criminal Defense Lawyer Amy Chapman

If you are wondering what to do after a hit and run, California criminal defense lawyer Amy Chapman is prepared to guide you through the legal process. The Law Office of Amy Chapman represents clients charged with hit-and-run and other offenses in Santa Rosa and all of Sonoma County. Contact Amy today and learn more about the possible defenses to California hit-and-run charges in a free consultation.

How to Get Drug Possession Charges Dropped in California

A conviction for drug possession charges can have devastating lifelong consequences, including potential complications in finding employment, housing, and financial aid for post-secondary education. Those who are facing such charges should carefully explore their legal options. In some cases, you may be able to get drug possession charges dismissed.

Each case involves unique circumstances, which will determine the optimal legal strategy for handling the charges. An experienced criminal defense attorney like Amy Chapman can analyze your case and determine whether your charges could be dropped or dismissed. Contact the Law Office of Amy Chapman today to learn more about how to get drug possession charges dropped in California.

When Can Drug Charges Be Dropped in California?

An experienced California criminal defense lawyer can evaluate the circumstances of your case and determine if there are grounds to have your drug charges dropped. However, this is not always possible. To get your drug charges dropped, you and your lawyer must prove that one or more of the following circumstances applies to your case.

Violations of Constitutional Rights

Anyone detained on suspicion of a crime in the United States is guaranteed constitutional rights. If the arresting officer violated your rights, the charges against you could be thrown out.

Some common examples of constitutional rights violations during drug possession arrests include:

The arresting officer did not read the defendant their Miranda rights
The defendant was not informed that anything you say may be used against you in court
The police did not allow the defendant to have an attorney present during questioning
The defendant was questioned without their attorney after hiring one

Lack of Probable Cause

Probable cause is the cornerstone of any criminal case. Without it, any evidence gathered by police could be thrown out of court. The arresting officer must demonstrate that they had sufficient reason to believe you had committed a crime before stopping you, searching you, or arresting you. Probable cause is an abstract concept, which means that the court will evaluate the specific circumstances of the arrest to determine if there was enough probable cause.

In some cases, the arresting officer may genuinely believe that they had probable cause to make the arrest, but the court may disagree. Experienced Santa Rosa drug charge defense lawyer Amy Chapman can investigate the details of your arrest to determine if your drug possession charges could be dropped due to lack of probable cause.

Proof of Legal Possession

If you were arrested for possession of prescription drugs because you did not have proof of a prescription, providing that proof can get the charges dropped. Another example might be that you picked up a prescription for a family member or friend and were arrested when transporting it to them. In either case, proving that the drugs were prescribed and that you were legally permitted to possess them can get the charges dropped.

Illegal Searches and Stops

A defense attorney can examine your case to determine if the evidence against you was obtained during an illegal search and/or stop by the police. For example, if the arresting officer stopped you based on racial profiling instead of probable cause, the stop could be challenged and the charges against you could be thrown out by a judge.

What Other Legal Options Are Available?

Even if you are unable to get your drug possession charges dropped, you may have other options that can help reduce your penalties.

Drug Diversion Program

The California Drug Diversion Program (also known as pretrial diversion) allows individuals charged with low-level drug crimes to choose drug abuse treatment and education as an alternative to jail time. Most drug possession charges are eligible for this program. Once you complete the program, your charges are dismissed and you will not have a criminal record.

You must meet the following conditions to qualify for pretrial diversion in California:

The charges are for possession for personal use.
You have not been convicted of any other controlled substance offenses that are ineligible for pretrial diversion within the past 5 years.
The charges do not involve violence or threats of violence.

Plea Agreements

To be accepted into a drug diversion program, you will be asked to plead guilty to the charges against you. In addition, a plea agreement can be used to get drug charges reduced. For example, in some cases, the district attorney may be willing to reduce a felony drug charge to a misdemeanor in exchange for a guilty plea.

Can Drug Convictions Be Expunged in California?

Even if you are convicted of a drug crime, this conviction does not need to follow you for the rest of your life. In California, both misdemeanor and felony drug possession charges may be expunged under the Clean Your Record program, as long as you meet the following conditions:

You have completed probation and all other court-ordered requirements for the offense
You were not sentenced to state prison for the conviction, or
- You did serve time in state prison, but would have been sentenced to county jail if the crime had been committed after the implementation of Proposition 47

In addition, if you were convicted of a marijuana offense before recreational marijuana was legalized in California, the California Department of Justice will review and seal your conviction.

Learn More From Santa Rosa Criminal Defense Lawyer Amy Chapman

When facing drug charges, it is important to explore all of your legal options. While you are entitled to act in your own defense, it is usually wise to seek legal guidance from an experienced criminal defense attorney. An attorney can evaluate each detail of your case for potential grounds for dropped charges and guide you through the justice system if your charges are ineligible to be dropped.

At the Law Firm of Amy Chapman, our experienced Santa Rose drug possession lawyers are dedicated to helping our clients fight the charges they face. Our representation begins from the time of the arrest and may continue throughout the justice process and into appeals, if necessary. For more information about how to get drug possession charges dropped or any other criminal law matter, contact us today for a free consultation.

How Long Does a DUI Stay on Your Record?

A DUI conviction in California may carry serious penalties, including potential jail time, fines, and a suspended license. Beyond these penalties, a DUI conviction will also show up on your criminal record.

This can cause difficulties even after the terms of the sentence have been satisfied, because the conviction may show up on background checks for jobs, renting an apartment, and other procedures that require an overview of criminal records.

Fortunately, a DUI conviction does not necessarily need to stay on your criminal record forever in California. Many DUI convictions are eligible for expungement. In addition, a DUI conviction is usually removed from a driving record after ten years.

If you are hoping to remove a DUI conviction from your criminal record, Santa Rosa DUI defense lawyer Amy Chapman may be able to help. Contact the Law Office of Amy Chapman today at (866) 238-0362 to learn more about removing a DUI from your criminal record in California.

How Long Does a DUI Stay on Your Driving Record in California?

Once you are convicted of DUI in California, a record of that conviction will remain on your state driving record for ten years. This clock starts on the date of the arrest, not your conviction. There is no way to have this record removed in less than ten years.

This record can be viewed by the Department of Motor Vehicles, which may consider the conviction when making decisions on license suspensions, revocations, and reinstatements.

Law enforcement can also see a DUI conviction on your driving record when they access the record during traffic stops.

Car insurance companies will be aware of the conviction and may use this information to modify your insurance policy. Serious driving infractions often cause premiums to increase.

The DMV’s record of your conviction will not show up on background checks, but the original conviction on your criminal record will on most checks for employment and professional licenses.

How Long Will a DUI Remain on Your Criminal Record?

A DUI conviction will stay on your criminal record indefinitely unless you take legal measures to have the conviction removed through expungement. This applies to all degrees of DUI convictions, from felonies to misdemeanors.

An expungement will remove the conviction from your record, providing you with a clean record (provided you have no other prior convictions). This will allow you to apply for jobs and answer “No” to application questions about criminal history. The conviction will not show up on criminal record background checks.

The DUI conviction will still be considered in the event that you are arrested on DUI charges again in the future. The penalties for subsequent DUIs are higher than first-time offenses in California and most other states. Expunged DUIs are still considered prior DUIs.

Expungement will not remove a DUI from your driving record. Fortunately, this will not affect background checks, but the DMV can still make decisions based on your conviction for ten years, even if the criminal record was expunged long before then.

Who Qualifies For DUI Expungement in California?

In California, anyone with a misdemeanor or felony conviction may apply for expungement as long as they meet the following circumstances:

They have successfully completed probation for the offense, and
Did not serve time in state prison for the offense, or
Did serve state prison time but would have received a county jail sentence following the implementation of realignment under Proposition 47.

The majority of DUI convictions in California meet these requirements, as most are charged as misdemeanors that carry DUI penalties of probation or a term in county jail. However, a DUI may be charged as a felony if someone was injured or if the defendant has a prior felony DUI conviction or at least 3 prior DUI or wet reckless convictions in the past ten years.

The Expungement Process in California

An expungement allows you to petition the court to review your conviction, and you may withdraw your plea and enter a new “not guilty plea. Once you have determined that you are eligible for expungement, you must gather paperwork and file a petition.

Obtain a Copy of Your Criminal Record

You will need to submit the following information from your criminal record when applying for expungement:

The court where you were convicted
Your name
Case number
Conviction date
The section number and code of violation
If you were on probation, you must state whether you were charged with any other offenses during your probation term

This information can be found in your court file with the California Judicial Branch or your Department of Justice “rap sheet.”

File an Expungement Petition and Fee Waiver Application

After you have gathered the required information, it’s time to fill out and file your expungement petition and either pay the fee or file fee waiver forms. Your petition must be filed in the county in which you were convicted.

To expunge a misdemeanor conviction, you must file a Petition to Dismiss a Misdemeanor PC 1203.4. In order to apply for a felony DUI expungement, you must first petition the court to reduce your charge to a misdemeanor and then file the same misdemeanor petition for dismissal.

Serve the Prosecutor

You should make two copies of your expungement petition – one for your own records and one to provide to the prosecuting attorney. California law requires applicants to provide the prosecuting attorney with at least 15 days’ notice before the judge considers the expungement petition.

You cannot serve this copy to the prosecuting attorney yourself – someone else must do so on your behalf. A copy of the petition must be hand-delivered or mailed to either the City or District Attorney in the county where you were convicted.

Call Santa Rosa DUI Defense Lawyer Amy Chapman to Learn More

While a criminal DUI conviction may technically be permanent, California law allows many individuals to seek a second chance through expungement. However, the process of having a DUI conviction dismissed can be complicated and legal guidance may be useful. To learn more about removing a DUI conviction from your record or other DUI matters, contact criminal defense lawyer Amy Chapman for a free consultation.

If Your Witness Doesn’t Show Up for Court, What Happens?

In a criminal case, witnesses are often critical – to both the prosecution and the defense. A witness can provide important testimony, such as giving a defendant an alibi. So what happens is they don’t show up for court?

If a witness is legally obligated to appear in court through a subpoena, they could be charged with contempt of court if they do not appear. While there are valid reasons for a witness to get out of a subpoena, if they don’t show up, they could be charged with contempt – a misdemeanor offense.

At the Law Office of Amy Chapman, we work with our clients to put together the strongest possible defense to the charges against them. Our goal in each case is to help our clients achieve the best possible outcome to the charges against them. If you have been charged with a criminal offense in Santa Rosa, California, give our law firm a call to schedule a free initial consultation.

What Happens If a Witness Doesn’t Appear in Court?

In a criminal case, witnesses are usually subpoenaed to appear in court to testify. A subpoena is an order for a witness to appear in court. In a criminal case, a subpoena can be signed and issued by a magistrate or judge, a district attorney, a district attorney investigator, or a criminal defense lawyer who represents the defendant.

A witness must be personally served with a subpoena for it to be considered valid under California law. If a witness doesn’t appear in court after being personally served with a subpoena, they could be arrested for contempt of court.

If a witness fails to appear after being subpoenaed, then they could be fined, jailed until they comply, the proceedings end, or are charged with a violation of a court order (contempt of court). Contempt may either be civil or criminal. Typically, civil contempt is used to pressure a witness to testify, while criminal contempt is used to punish a witness who fails to show up or refuses to testify.

Witnesses who are charged with either civil or criminal contempt are entitled to certain constitutional protections, such as the right to consult with a lawyer. Criminal contempt is a misdemeanor offense that is punishable by up to a year in jail and/or a $1,000 fine. A victim of domestic or sexual violence cannot be jailed for refusing to testify.

Can a Witness Get Out of a Subpoena?

In some cases, a witness can lawfully avoid testifying in a criminal trial. If you have been subpoenaed in a criminal case and do not want to testify, you may be able to work with the prosecutor or defense attorney to figure out an alternative to appearing in court.

Valid reasons to get out of a subpoena may include:

Did not receive or was not personally served with a subpoena;
Medical emergency
Family emergency
Self-incrimination (5th amendment)
Privilege

Importantly, even if you have a good reason to not testify, you can still be held in contempt of court if you do ignore the subpoena. If you have been served with a subpoena to testify in a criminal trial in Santa Rosa, CA and you do not want to testify, your best course of action is to contact a criminal defense attorney who can help you work with the prosecutor and/or lawyer for the defendant to see if you can avoid going to court.

Have You Been Charged with a Crime? Reach Out Today.

When a witness fails to appear in court or otherwise refuses to testify, they can be held in contempt of court. A criminal defense attorney can help you understand your subpoena witness rights, and what will happen if a witness fails to appear in court.

Based in Santa Rosa, the Law Office of Amy Chapman is dedicated to upholding the constitutional rights of our clients. We aggressively advocate for people charged with all types of crime, from petty theft to serious and violent felonies. To learn more or to schedule a free consultation with a California criminal defense lawyer, give us a call at 866-945-7464 or fill out our online contact form.

(707) 636-3207