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Step 1: The ArrestDon’t let the police take advantage of you while you’re in custody. Call Walsh Law right away, and we’ll get to work protecting your rights so you don’t inadvertently self-incriminate. -
Step 2: The ArraignmentWalsh Law is an aggressive Folsom criminal defense firm that can argue for reasonable bail and help you await the end of your case from the comfort of your home. -
Step 3: Pre-Trial HearingsWe’ll evaluate the prosecution’s case, challenge weak evidence and inconsistencies, and do our due diligence to get the charges against you reduced or dropped.
Roseville DUI Defense Attorney
A DUI charge can put your license, record, and career at risk, and it often happens in a single stressful night. If you were arrested in or around Roseville, you may be facing a court date, DMV paperwork, and a lot of unanswered questions. You do not have to sort it out alone.
At Walsh Law, our team focuses exclusively on criminal defense, and we regularly defend people accused of drunk driving in Placer County and throughout Northern California. Our lead attorney, Chris Walsh, is a former Chief Assistant District Attorney and homicide prosecutor with more than 19 years in criminal law and over 100 jury trials personally tried.
We represent good people who, on occasion, find themselves on the wrong side of the law. If you are worried about your license, your freedom, or your future, we are ready to talk, review what happened, and give you straightforward guidance about your options.
Call (916) 610-3558 to talk with our team today.
California DUI Laws
California has some of the most stringent DUI laws in the nation. Under the California Vehicle Code, there are two primary statutes that prosecutors use to charge someone with a DUI:
- Vehicle Code 23152(a): This makes it illegal to drive while under the influence of alcohol, meaning your physical or mental abilities are impaired to the point that you can no longer drive with the caution of a sober person.
- Vehicle Code 23152(b): This is the "per se" law, which makes it illegal to drive with a Blood Alcohol Concentration (BAC) of 0.08% or higher, regardless of whether your driving was actually impaired.
The Two-Part Battle
When you are arrested for a DUI in Roseville, you aren't just facing a criminal case. You are also facing a civil administrative action by the DMV. You only have 10 days from the date of your arrest to request a DMV hearing to prevent the automatic suspension of your driver’s license. Walsh Law can handle this request for you, ensuring your rights are protected from the very beginning.
Common Types of DUI Charges
DUI charges in Roseville can vary depending on the circumstances of your arrest. At Walsh Law, we handle a wide range of DUI-related cases, including:
- Standard DUI: Driving with a BAC of 0.08% or higher, the most common DUI charge in California.
- Drug DUI (DUID): Driving under the influence of illegal drugs, prescription medications, or over-the-counter substances. Often involves chemical testing and expert testimony.
- Underage DUI: Zero-tolerance laws apply to drivers under 21. Even a small amount of alcohol can lead to charges.
- Felony DUI: Typically involves repeat offenses or DUI incidents causing injury or death. Carries severe penalties, including prison time.
- DUI with Injury: Charged when impaired driving results in harm to another person and may include additional felony charges and restitution.
Each type of DUI charge requires a tailored legal strategy. Our Roseville DUI defense attorneys carefully analyze the facts of your case to build a strong defense.
Legal Defenses to DUI Charges
A DUI charge does not automatically mean a conviction. At Walsh Law, we explore every available defense strategy to protect your rights, including:
- Challenging the Traffic Stop: Was there probable cause to pull you over?
- Questioning Field Sobriety Tests: These tests can be subjective and unreliable
- Examining Breathalyzer Accuracy: Improper calibration or administration can lead to false results
- Reviewing Blood Test Procedures: Errors in collection or handling may invalidate results
- Rising BAC Defense: Your BAC may have been below the legal limit while driving but increased afterward
Our team carefully investigates every detail to identify weaknesses in the prosecution’s case.
DUI FAQs
What should I do after a DUI arrest in Roseville?
After a DUI arrest, you should:
- Request a DMV hearing within 10 days
- Avoid discussing your case with anyone other than your attorney
- Contact a Roseville DUI defense attorney as soon as possible
Do I have to take the field sobriety tests?
No. In California, field sobriety tests (like walking in a straight line or standing on one leg) are voluntary. You have the right to politely refuse them. However, if you are under 21 or on DUI probation, you must submit to a Preliminary Alcohol Screening (PAS) breath test.
Can I refuse a breath or blood test?
California has an implied consent law, meaning drivers must submit to chemical testing after a lawful arrest. Refusing a test can result in:
- Automatic license suspension
- Additional penalties in court
Will I lose my driver’s license?
Possibly. However, you can challenge the suspension through a DMV hearing. An experienced attorney can represent you and fight to preserve your driving privileges.
How long does a DUI stay on my record?
In California, a DUI conviction typically stays on your driving record for 10 years and may impact insurance rates and future penalties.
Can I get my DUI reduced to a "Wet Reckless"?
In many cases, yes. A "wet reckless" (Vehicle Code 23103.5) is a plea bargain where the DUI charge is reduced to reckless driving involving alcohol. This often results in lower fines, no mandatory jail time, and a shorter probation period.
Will I lose my job?
A DUI conviction can impact professional licenses and employment, especially if your job involves driving. By hiring a Roseville DUI defense attorney, you increase your chances of keeping your record clean or reaching a resolution that minimizes the impact on your career.
Do I need a lawyer for a DUI?
While not legally required, having a DUI defense attorney significantly improves your chances of achieving a favorable outcome. An attorney can identify defenses, negotiate with prosecutors, and represent you in court.
Why Our DUI Defense Matters
When you are facing a DUI, the prosecutor's decision on how hard to push your case can have a major impact on the outcome. Having a former Chief Assistant District Attorney leading your defense means we understand how the other side builds DUI cases, evaluates evidence, and chooses when to negotiate. We bring that knowledge to every drunk driving case we handle.
Chris Walsh has personally tried more than 100 jury trials across Kings, Fresno, Santa Clara, and Nevada counties. He has handled some of the most serious and complex criminal matters, including cold case homicides and serious assaults. That level of trial work helps us identify what juries and judges truly focus on, from officer credibility to the reliability of breath or blood testing, which is important in any DUI defense.
We are also committed to staying current on DUI law and practice. Chris is a member of the California DUI Lawyers Association and has been recognized in organizations such as Lawyers of Distinction in Criminal Law and the Top 100 Trial Lawyers. These recognitions reflect years of work in criminal law and a strong record in the courtroom.
If you or someone you care about is facing a DUI or drunk driving charge in this area, the most important step is often the first one. Reach out, tell us what happened, and get clear advice about how to move forward.
Values You Can Relate To
Client Testimonials
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“I am always able to get ahold of him directly either by cell or text including after hours and if for some reason he isn’t immediately available, he responds as soon as he can.”- Melissa C.
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“He was compassionate and explained to me what to expect in an easy way for me to understand. He was straightforward and delivered on what he said he could do for me!”- Claudia H.
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“I was in a bit of a situation and public defenders weren’t doing anything to help my case as if they didn’t have time. Which they don’t, but Chris Walsh did and came up with a few methods to fight my case.”- Dewan P.