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TOP TEN QUESTIONS 
AFTER A SONOMA COUNTY DUI ARREST

1. When can I get the police report?	6. Will I go to jail?
2. Does it matter that I wasn't read my rights?	7. Can I drive right now?
3. Will it help that I've never been arrested?	8. Will my license be suspended?
4. Should I get a lawyer?	9. Can I get a restricted license?
5. What is a typical sentence?	10. What about my job?

1.    When can I get the police report?

IN MOST CASES, POLICE REPORTS IN SONOMA COUNTY ARE NOT RELEASED UNTIL THE ARRAIGNMENT (THE FIRST COURT DATE) IN SANTA ROSA. TYPICALLY THE POLICE REPORT ISN'T EVEN COMPLETED UNTIL AT LEAST A FEW WEEKS AFTER THE INCIDENT. FIRST IT IS USUALLY ROUTED TO THE OFFICER'S SUPERVISOR, THEN TO THE SONOMA COUNTY DISTRICT ATTORNEY'S OFFICE FOR EVALUATION BY A DEPUTY DISTRICT ATTORNEY, AND SOMETIMES RETURNED TO THE POLICE AGENCY FOR MORE INFORMATION OR INVESTIGATION.  IF CHARGES ARE NEVER FILED BY THE DISTRICT ATTORNEY THEN THE OFFICER'S REPORT MIGHT NEVER BE RELEASED! CLICK ON ANATOMY OF A DUI ON THIS SITE FOR A TYPICAL VIEW OF THE ENTIRE DUI PROCESS.

MOST PEOPLE ARE ANXIOUS TO KNOW THEIR FIELD AND ALCOHOL TEST RESULTS. UNDERSTAND THAT SONOMA COUNTY OFFICERS ALMOST ALWAYS SCORE ARRESTEES VERY LOW ON FIELD SOBRIETY TESTS REGARDLESS OF HOW YOU WERE ENCOURAGED IN THE FIELD. MOST PEOPLE WANT TO KNOW THEIR BLOOD OR BREATH RESULTS. BLOOD SAMPLES ARE ROUTED TO THE SANTA ROSA LAB OF THE DEPARTMENT OF JUSTICE WHERE TEST RESULTS CAN TAKE SEVERAL WEEKS OR MORE TO BE PRODUCED AND RETURNED TO THE DISTRICT ATTORNEY. SOMETIMES BLOOD RESULTS MAY REMAIN UNKNOWN BEYOND THE FIRST COURT APPEARANCE (ALTHOUGH OFTEN THE DMV OBTAINS BLOOD AND BREATH TEST RESULTS SOONER). 

SONOMA COUNTY LAWYERS USUALLY COUNSEL RECENT ARRESTEES TO BE PATIENT. NORMALLY, ALL "DISCOVERY" INFORMATION AND DOCUMENTATION IS SUPPLIED, CONSIDERED AND RESOLVED IN DUE COURSE WITH AMPLE TIME AND OPPORTUNITY TO MOUNT DEFENSES AND RESOLVE A MATTER IN YOUR BEST INTERESTS. IN THE MEANTIME, THERE IS PLENTY OF CONSTRUCTIVE WORK FOR YOU TO DO. CLICK ON TEN TIPS FOR THE FIRST 48 HOURS AFTER ARREST. CONSULT WITH A LAWYER ABOUT YOUR SPECIFIC CASE.

2.    Does it matter that I wasn't read my rights?

USUALLY NOT, BECAUSE MIRANDA RIGHTS TYPICALLY APPLY TO CUSTODIAL INTERROGATIONS INVOLVING VERBAL UTTERANCES, BUT IN MOST DUI ENCOUNTERS THE SONOMA COUNTY POLICE OFFICERS HAVE ALREADY NOTED OBSERVATIONS OF YOUR DRIVING AND OTHER BEHAVIOR, YOUR BREATH ALCOHOL ODOR, YOUR PERFORMANCE ON FIELD SOBRIETY TESTS, AND BREATH MACHINE RESULTS, LONG BEFORE YOU ARE PLACED IN CUSTODY. HOWEVER, SANTA ROSA ATTORNEYS KNOW THAT ARE MANY WAYS TO FIGHT A DUI. CLICK ON TEN TIPS FOR FIGHTING A DUI ON THIS SITE FOR A MORE DETAILED DISCUSSION. CONSULT WITH A LAWYER ABOUT YOUR SPECIFIC CASE.

3.    Will it help that I've never been arrested before this?

SORT OF. UNDERSTAND THAT YOUR LACK OF A PRIOR SONOMA COUNTY CRIMINAL RECORD IS USUALLY NOT A SOLE BASIS TO DISMISS A CURRENT DUI CASE IN SONOMA COUNTY OR EVEN TO GET A BETTER PLEA DEAL. BUT OF COURSE, IT IS FAR BETTER IF YOU HAVE A CLEAN RECORD, BECAUSE THOSE PEOPLE WHO DON'T ARE TYPICALLY EXPOSED TO INCREASED PENALTIES (LIKE JAIL) IN A NEW CASE DEPENDING ON THE NUMBER, NATURE, AND RECENCY OF THEIR PRIOR CONVICTIONS. 

IN RARE CASES, WHERE THE SANTA ROSA DISTRICT ATTORNEY'S OFFICE IS WAVERING ON A DISMISSAL OR AN ESPECIALLY TERRIFIC PLEA DEAL, A DEFENDANT'S CLEAN PRIOR CRIMINAL RECORD, PERHAPS COUPLED WITH SIGNIFICANT COMMUNITY OR CHARITABLE HISTORY, ETC, TIMELY AND PROPERLY PRESENTED BY A DEFENSE ATTORNEY MAY ENCOURAGE A DESIRABLE RESULT.

THE MOST HELPFUL NON-LEGAL FACTORS IN OBTAINING A BETTER RESOLUTION OF A SONOMA COUNTY DUI CASE IN COURT TEND TO BE GOOD DRIVING BEFORE YOU WERE STOPPED, AND COOPERATION WITH THE POLICE. BUT THE BEST WAY TO REDUCE OR DISMISS CHARGES IS FOR A SANTA ROSA LAWYER TO ARGUE WEAKNESSES IN THE DISTRICT ATTORNEY'S CASE AGAINST YOU. CONSULT WITH A LAWYER ABOUT YOUR SPECIFIC CASE.

4.    Should I get a lawyer?

YES, A SONOMA COUNTY DUI IS SERIOUS AND COMPLICATED. DON'T ACT ON CASUAL ADVICE TO FIGHT THIS BY YOURSELF, OR WORSE YET, SIMPLY WALK IN TO COURT ALONE TO "ACCEPT RESPONSIBILITY" AND ASK FOR LENIENCY. IT JUST DOESN'T WORK THAT WAY; NOT ONLY CAN THERE BE A VARIETY OF TECHNICAL AND SUBSTANTIVE LEGAL DEFENSES IN A DUI CASE WHICH ONLY LAWYERS ARE TRAINED TO IDENTIFY FOR YOU, BUT THERE ARE ALSO A PILE OF BUREAUCRATIC TASKS, ISSUES AND INCONVENIENCES WHICH A LOCAL SONOMA COUNTY LAWYER CAN HELP YOU NAVIGATE, OR COMPLETELY AVOID.  

IF YOU DON'T SEE HOW INVOLVED AND COMPLEX EVEN A FIRST DUI CAN BE IN SONOMA COUNTY WITHOUT A LAWYER, THEN CLICK ON ANATOMY OF A DUI ON THIS SITE AND SEE THE MANY DIFFERENT DIRECTIONS A SANTA ROSA CASE CAN GO, AS WELL AS THE COLLECTION OF OBLIGATIONS, TIMETABLES AND TASKS TO PERFORM. AND DON'T DRIVE TO COURT WITH A SUSPENDED LICENSE. CLICK TO SEE THE SANTA ROSA COURT STING. HAVE A LAWYER GO FOR YOU INSTEAD. 

WILL YOUR ABSENCE BE NOTICED BY THE COURT OR REQUIRED BY YOUR ATTORNEY?   NO, IN MOST CASES COURT APPEARANCES ARE STRICTLY PROCEDURAL. UNLESS SPECIAL CIRCUMSTANCES ARE PRESENT, JUDGES DO NOT WISH TO SPEAK TO A DEFENDANT AT SUCH PROCEEDINGS AND YOUR ABSENCE OR PRESENCE WILL GO UNNOTICED. CLIENTS WHO LIVE IN SANTA ROSA, OR SONOMA COUNTY, RARELY, IF EVER, COME TO COURT IN TYPICAL DUI CASES. THIS DOESN'T MEAN YOU'LL BE LEFT IN THE DARK ABOUT YOUR CASE. A GOOD ATTORNEY WILL EXPLAIN THE ENTIRE PROCESS. TO START, CLICK HERE TO SEE JAKE'S COMPREHENSIVE ANATOMY OF A SONOMA COUNTY DUI FLOWCHART. IN ADDITION, JAKE'S TECH KNOW-HOW CAN BE VERY HELPFUL TO AVOID THE NEED FOR CLIENT TRAVEL, MEETINGS OR APPEARANCES, ESPECIALLY AT THE PROCEDURAL BEGINNING OF A CASE. IF REQUESTED, WE .PDF  POLICE REPORTS AND OTHER CASE DOCUMENTS TO YOU WITHIN 24 HOURS AFTER COURT APPEARANCES.

YOU CAN (AND SHOULD) CLOSELY FOLLOW THE PROGRESS OF YOUR SONOMA COUNTY CASE BY REGULARLY COMMUNICATING WITH YOUR LAWYER BEFORE AND AFTER SANTA ROSA COURT APPEARANCES, AND FOLLOW YOUR CASE SEPARATELY ONLINE BY CLICKING ON BEST LINKS ON THIS SITE AND THEN FIND YOUR LOCAL COURT UNDER "SUPERIOR COURTS" BY CLICKING ON THE COUNTY WHERE YOU WERE ARRESTED (FOR EXAMPLE, SONOMA, MARIN, OR NAPA), AND SEARCH YOUR NAME. SONOMA COURTS HAVE AN ONLINE CALENDAR FOR SANTA ROSA APPEARANCES THE NEXT MORNING WHICH LISTS YOUR NAME, CASE NUMBER, ONE CHARGE, AND THE SANTA ROSA COURTROOM (ALSO CALLED THE "DEPARTMENT") FOR YOUR CASE. NAPA COURTS AND MENDOCINO COURTS HAVE SIMILAR ONLINE CALENDARS. MARIN COURTS HAVE SAN RAFAEL APPEARANCES ONLINE WEEKS IN ADVANCE.

A GOOD LAWYER WILL GET YOU THE BEST RESOLUTION, PROPERLY HANDLED WITH THE LEAST STRESS AND CONFUSION, WHICH IS WELL WORTH A REASONABLE FEE. IF YOU ALREADY KNOW YOU CANNOT AFFORD TO HIRE A PRIVATE LAWYER, THEN CONSIDER REQUESTING A PUBLIC DEFENDER. CLICK ON TEN TIPS FOR THE FIRST 48 HOURS AFTER ARREST ON THIS SITE FOR A MORE DETAILED DISCUSSION ABOUT GETTING A LAWYER. CONSULT WITH A LAWYER ABOUT YOUR SPECIFIC CASE.

5.    What is a typical sentence?

IN SONOMA COUNTY, FOR A "STANDARD" ADULT FIRST DUI UNDER 0.15% BLOOD ALCOHOL WHERE THERE ARE NO OTHER CHARGES OR ALLEGATIONS, AND NO VIABLE LEGAL DEFENSES OR OTHER COMPELLING FACTS, MOST DEFENDANTS CAN ANTICIPATE TWO DAYS OF JAIL, APPROXIMATELY $2100 COURT FINES WHICH MAY BE PAID IN AFFORDABLE INSTALLMENTS, THREE YEARS INFORMAL PROBATION AND THREE MONTHS OF WEEKLY DUI CLASSES. MANY CASES RESOLVE WITH BETTER RESULTS (FOR EXAMPLE A "WET RECKLESS") AND LIKEWISE MANY RESOLVE WITH HIGHER PENALTIES. 

BY CONTRAST, A TYPICAL "STANDARD" SECOND DUI SENTENCE NORMALLY INCREASES A DEFENDANT'S JAIL FROM TWO DAYS TO 30, INFORMAL PROBATION FROM THREE YEARS TO FIVE YEARS (AND STAY AWAY FROM ALCOHOL), AND THE THREE-MONTH DUI CLASSES TO 18 MONTHS, PLUS A MINIMUM ONE-YEAR LICENSE SUSPENSION. CLICK ON TEN TIPS FOR EASING THE CONSEQUENCES OF A DUI ON THIS SITE FOR A DETAILED DISCUSSION ABOUT TYPICAL SONOMA COUNTY DUI RESOLUTIONS. CONSULT WITH A LAWYER ABOUT YOUR SPECIFIC CASE.

6.    Will I go to jail?

MOST FIRST AND SECOND DUI OFFENDERS IN SONOMA COUNTY CAN AVOID SERVING ACTUAL JAIL TIME THROUGH ALTERNATIVES SUCH AS VOLUNTEER WORK RELEASE OR HOME CONFINEMENT. MANY SECOND AND THIRD OFFENDERS MAY QUALIFY FOR SONOMA COUNTY'S NEW "DUI COURT" DESIGNED TO FOCUS ON TREATMENT RATHER THAN INCARCERATION. 

TO EXAMINE THESE VARIOUS JAIL ALTERNATIVES WHERE THERE ARE NO VIABLE DEFENSES OR AGGRAVATING FACTORS IN A CASE, CLICK ON TEN TIPS FOR EASING THE CONSEQUENCES OF A DUI ON THIS SITE AND GO TO JAIL ALTERNATIVES. CONSULT WITH A LAWYER ABOUT YOUR SPECIFIC CASE.

7.    Can I drive right now?

IF SOMEONE IS VALIDLY LICENSED AND INSURED PRIOR TO A SONOMA COUNTY DUI ARREST AND IF THE OFFICER TOOK THE ARRESTEE'S LICENSE AND HANDED HIM/HER A "PINK" TEMPORARY LICENSE, THEN TYPICALLY MOST PEOPLE MAY DRIVE WITH THAT TEMPORARY LICENSE FOR 30 DAYS FROM THE DATE OF ARREST. USUALLY A LOCAL SANTA ROSA ATTORNEY CAN HELP EXTEND THAT 30 DAYS UNTIL A DMV DECISION IS OBTAINED. 

CLICK ON TEN TIPS FOR THE FIRST 48 HOURS AFTER ARREST ON THIS SITE FOR A MORE DETAILED DISCUSSION ABOUT THE PINK TEMPORARY LICENSE AND THE DMV. CONSULT WITH A LAWYER ABOUT YOUR SPECIFIC CASE.

8.    Will my license be suspended?

IN A TYPICAL SONOMA COUNTY ADULT FIRST DUI CASE WITH NO ALLEGATION OF REFUSAL, INJURY OR OTHER AGGRAVATING CIRCUMSTANCES, AND NO VIABLE LEGAL DEFENSES OR OTHER MITIGATING FACTORS, THEN THERE MAY BE A FOUR, SIX OR TEN MONTH SUSPENSION AS A RESULT OF DMV PROCEEDINGS, COURT PROCEEDINGS, OR BOTH. CLICK ON TEN TIPS FOR GETTING YOUR LICENSE BACK FROM DMV ON THIS SITE FOR A MORE DETAILED DISCUSSION OF THE SEPARATE COURT AND DMV SUSPENSIONS.

IN A TYPICAL SECOND DUI CASE WITH NO SUCCESSFUL DEFENSES, THE DRIVER LICENSE IS USUALLY SUSPENDED FOR A MINIMUM OF ONE YEAR. 

IN SOME CASES A LOCAL SANTA ROSA ATTORNEY CAN HELP ELIMINATE ANY ACTUAL SUSPENSION AT ALL IF SUCCESSFUL DEFENSES ARE PRESENTED IN YOUR CASE. THERE ARE MANY WAYS TO FIGHT A DUI. CLICK ON TEN TIPS FOR FIGHTING A DUI ON THIS SITE FOR A MORE DETAILED DISCUSSION. CONSULT WITH A LAWYER ABOUT YOUR SPECIFIC CASE.

9.    Can I get a restricted license if I'm suspended?

IN A TYPICAL SONOMA COUNTY ADULT FIRST DUI CASE WITH NO ALLEGATION OF REFUSAL, INJURY OR OTHER AGGRAVATING CIRCUMSTANCES, MOST PEOPLE BECOME ELIGIBLE FOR A RESTRICTED CLASS "C" CALIFORNIA "WORK" LICENSE FOLLOWING A 30-DAY PERIOD OF SUSPENSION BY THE SANTA ROSA DMV IF CERTAIN TASKS ARE ACCOMPLISHED. IN A TYPICAL SECOND DUI CASE THERE IS NO POSSIBILITY OF A RESTRICTED "WORK" LICENSE (REGARDLESS OF HARDSHIP) FOR AT LEAST ONE YEAR. 

THERE ARE A VARIETY OF SPECIAL RULES FOR MINORS, COMMERCIAL DRIVERS, OUT OF STATE RESIDENTS, ETC. CLICK ON TEN TIPS FOR GETTING YOUR LICENSE BACK FROM DMV ON THIS SITE FOR A MORE DETAILED DISCUSSION ABOUT GETTING YOUR LICENSE BACK IN MANY DIFFERENT SITUATIONS. CONSULT WITH A LAWYER ABOUT YOUR SPECIFIC CASE.

10.    What about my job?

UNLESS OBLIGATED BY LAW OR CONTRACT TO INFORM YOUR EMPLOYER ABOUT AN ARREST OR MAJOR TRAFFIC INCIDENT, REMEMBER THAT A SONOMA COUNTY ARREST IS NOT A CONVICTION, AND ULTIMATELY YOU MAY BE FOUND NOT GUILTY. CLICK ON TEN TIPS FOR EASING THE CONSEQUENCES OF A DUI ON THIS SITE AND READ ABOUT THE EFFECTS OF A DUI CONVICTION ON VARIOUS JOBS AND CAREERS, AS WELL AS THE DMV'S EMPLOYER PULL NOTICE PROGRAM. CONSULT WITH A LAWYER ABOUT YOUR SPECIFIC CASE.