Sutter County DUI Defense Attorneys

Potential Penalties

California generally imposes a statutory base fine of $390 to $1,000 across DUI offense levels. Assessments, DUI programs, ignition-interlock requirements, and insurance costs can push the total much higher.

• First offense: up to 6 months in county jail, license suspension of 6 to 10 months
• Second offense within 10 years: 90 days to 1 year in jail, 2-year suspension
• Third offense within 10 years: 120 days to 1 year in jail, 3-year revocation, habitual traffic offender designation
• Fourth qualifying offense: may be prosecuted as a felony
• DUI causing injury: may be filed as a misdemeanor or felony, depending on the allegations

Prior convictions and additional allegations can change the potential sentence. We review the complete history and charging documents before advising a client on the actual exposure in their case.

Building Your Defense

Chris Walsh and Colin Child spent years prosecuting DUI and felony cases before moving to defense. We use that experience to examine how the stop was handled, how the evidence was gathered, and whether the prosecution can actually support the charges it filed.

• The stop. We review the alleged traffic violation, dash-camera footage, dispatch records, and whether the officer had a lawful basis to detain you.
• Field sobriety tests and officer observations. These exercises depend on proper instructions and scoring, and lighting, footwear, and fatigue can all affect performance. Body-camera footage doesn't always match the written report.
• The chemical test. We examine calibration and maintenance records for breath devices, or collection, storage, and chain-of-custody records for blood draws.
• Rising BAC. A test taken after driving stops can read higher than your actual BAC was behind the wheel.
• Proof of driving. When officers arrive after a collision, or find someone near a parked car, the prosecution may have to rely on circumstantial evidence or disputed statements to prove who was driving at all.

Frequently Asked Questions

Will I Lose My License Right Away?

Not necessarily. The temporary license issued after arrest is generally valid for 30 days, and you typically have 10 days to request a DMV hearing and contest the suspension.

Can a DUI Be Reduced to a Wet Reckless?

Sometimes, when the evidence has weaknesses or mitigating circumstances support it. It's not automatic, and it can still count as a prior offense if another DUI occurs within 10 years.

Is a First DUI Automatically a Felony?

No. A first DUI is usually a misdemeanor. When the government alleges bodily injury, the case may be filed as a misdemeanor or felony under Vehicle Code 23153.

Do I Have to Answer Questions During the Stop?

You must generally provide license, registration, and proof of insurance. You're not required to answer investigative questions about where you were or what you drank.

What Happens If I Refuse a Chemical Test?

A refusal can trigger a separate DMV suspension or revocation and additional consequences in the criminal case. You can challenge the refusal allegation at a DMV hearing, but the deadline to request one is short.

The DMV deadline moves quickly, and recordings, witnesses, and other evidence can become harder to obtain as time passes.