Allaye Chan Law
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(916) 313-5370

DUI Auto Accidents

DUI Accidents

DUI Accidents

If you are arrested for driving under the influence after an accident that caused property damage or injuries, your DUI charge will be a felony.

You will need the help of an experienced DUI Lawyer in Vacaville. The consequences of a DUI accident vary from jurisdiction to jurisdiction and can include:

  • 1 to 3 years in a state prison
  • mandated court-approved alcohol and/or drunk education program
  • court fines and penalties
  • restitution penalties to the injured party
  • 4 to 10 years of driver’s license suspension

The most common opening offer by the prosecution for the DUI accident arrest is 2 year prison term. Without an experienced attorney by your side that is the bargain plead you will receive.

To protect your rights and improve your chances of obtaining a favorable outcome for your case, it is important to discuss your case with an experienced DUI lawyer.

Odor of Alcohol During DUI Arrest

The smell of alcohol is often cited as a contributing factor in the officer’s determination of intoxication.

However, alcohol is odorless, so the officer is actually testifying about the flavoring inherent in most beverages. Ironically, beer and wine have significantly stronger odors than hard liquor so a person can drink far less beer and wine yet smell worse than someone consuming large quantities of hard liquor.

The odor has no correlation to the amount of alcohol consumed, so an officer cannot testify about how much alcohol was ingested or when it was consumed. There are other sources that contribute to the smell of alcohol. Products that remain in the throat for extended periods of time are contributing factors, such as mouthwash, cough syrup, or deodorizing throat spray. Syrupy alcoholic beverages—Kahlua or other liquids—tend to remain in the throat for longer periods of time so the smell will be stronger.

Moreover, certain illnesses can create a breath comparable to the “odor of alcohol” and belching causes gaseous odors to remain in the throat for approximately ten minutes. Most chemical breath tests prohibit operation within ten minutes of belching, so some defendants have delayed the test by swallowing air to facilitate a belch. This is especially useful to possibly avoid the driver’s license suspension for a test refusal.

If a test is given, the result is inadmissible; if no test is given, the defendant was cooperative, but has a legitimate excuse—uncontrollable belching. Alcohol generally requires one hour to have the maximum effect on the body. If the officer claims that a strong smell of alcohol indicates recent consumption, then DUI defense attorney can argue that the defendant was not legally drunk at the time of driving because the alcohol did not have time to absorb into the bloodstream.

It is important to note that the smell of alcoholic beverages usually triggers police suspicion of a possible drunk driver. Thereafter, the officer will search for additional evidence of intoxication to substantiate a criminal charge.

To protect individual privacy from overly intrusive officers, motorists must learn to conceal their breath. There are numerous products on the market designed for breath concealment, so make an informed selection. Nu-Breath works for some, while others prefer red-hot cinnamon, pungent candy or gum. Using the appropriate product before initiating contact with an officer will help conceal offensive breath odors.

Long-Term Consequences of Driving Under the Influence

Driving under the influence is never a good idea for obvious reasons and in fact, is against the law. Driving while intoxicated not only puts the driver at risks, but everyone else on the road at risk. The consequences can essentially be your death. Regardless of how many times it’s etched into our brains throughout our lives, driving under the influence still proves to be an issue that has touched us all in some way. If you have had a driver’s license suspended because of a DUI conviction, speak to a DUI defense attorney who can help you take legal action.

DUIs, on top of being costly, also has other life-altering consequences. If anyone is killed in one of these accidents, the driver could be found guilty of a felony, and serve at least a year of jail time. DUIs are the most common form of criminal conviction in the US today. Despite being so common, the ways that a DUI can come back to haunt you are seldom discussed.

Most DUI convictions are typically coupled with hefty fines and a possibility for jail time. On top of this, a drunk driver could be facing some of the below:

Driver’s License Revocation

In most parts of California, a car and driving are your ticket to work, home, social events, and leisure time. Not having your license can have an effect on your life in more ways than one.

It’ll show up in future background checks

From babysitting jobs to full time employment to college scholarships, background checks are increasingly common and could jeopardize your future: albeit employment or financial aid. DUIs depict a type of recklessness that is hard to shake off. Even long after you’ve made a life change, the paper trail will follow you around.

You might put your current job at risk

In addition to jobs that require you to drive, any sort of jail time or court dates that cause you to miss work can put you over on personal days, not accounting the severe loss of trust that can ensue between yourself and your employers after a conviction. Depending on your employer’s policies, your employer may choose to terminate your employment after a DUI conviction.

Your Auto Insurance Rates will likely rise

DUI convictions turn you into a “high risk” driver by standards of most auto insurances, which unfortunately means higher rates. You may even be dropped by your current insurance in some cases.

Overall, the only way to avoid these consequences is not getting behind the wheel while under the influence, because the repercussions are greater than immediate inconvenience. If you are facing a DUI conviction, it’s best to seek legal representation from a skilled Sacramento DUI defense attorney.

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