DUI Defense

DUI Defense in Placer County – Tiemann Defense

 

If you have been arrested for DUI in Placer County, you are facing two separate battles: the criminal court case and the DMV administrative action. At Tiemann Defense, we defend clients throughout Roseville, Lincoln, Auburn, and Rocklin against misdemeanor and felony DUI charges.

Tiemann Defense
📍 209 Harding Blvd. Suite 7, Roseville, CA 95678
📞 916.939.3900

California DUI Charges We Defend

Vehicle Code §23152(a) – Driving Under the Influence

You can be convicted if:

• You drove a vehicle, and
• At the time you drove, you were under the influence of alcohol and/or drugs to the extent your ability to drive was impaired.

Vehicle Code §23152(b) – .08% or Higher

You can be convicted if:

• You drove a vehicle, and
• Your blood alcohol concentration (BAC) was 0.08% or higher at the time of driving.

Vehicle Code §23152(f) – DUI Drugs

This applies when:

• You are impaired by drugs alone, including prescription medications or illegal substances.

DUI With Injury – VC §23153(a) & §23153(b)

DUI causing injury is a wobbler, meaning it can be filed as a misdemeanor or felony.

Elements:

• Driving under the influence or with a BAC of .08% or more
• Committing a traffic violation or negligent act
• Causing injury to another person

Misdemeanor vs. Felony DUI With Injury

Factors that make a case more likely to be charged as a felony:

• Serious injuries
• Prior DUI history
• Multiple victims
• High BAC
• Reckless driving conduct

Sentencing Enhancements in DUI With Injury Cases

Great Bodily Injury (GBI)

A GBI enhancement can add:

• Significant additional prison exposure
• A strike under California’s Three Strikes law

Multiple Victim Enhancement

Each injured victim can:

• Add additional jail or prison time
• Increase restitution exposure

When a DUI Becomes a Felony

A DUI may be charged as a felony if:

• You have three prior DUI convictions within 10 years
• You have a prior felony DUI within 10 years
• The DUI caused injury
• The DUI caused death

17(b) Motions – Reducing a Felony DUI

If your DUI is filed as a felony but qualifies as a wobbler, we may be able to file a Penal Code §17(b) motion to reduce it to a misdemeanor.
This can:

• Avoid a felony conviction
• Protect employment opportunities
• Restore firearm rights sooner
• Reduce custody exposure
• Protect against immigration consequences
• Protect a professional license

The DMV APS Hearing – Separate From Court

After a DUI arrest, you have 10 days to request a DMV hearing.

Why It Matters

The DMV action is completely separate from the court case.

You can:

• Win in court and still lose your license at the DMV
• Win the DMV hearing and still be convicted in court

APS Suspension Periods

• First offense: 4-month suspension (with possible restriction)
• Refusal: 1-year suspension with no restriction eligibility

Felony DUI Conviction DMV Consequences

A felony DUI conviction results in:

• 1-year hard suspension
• No immediate restriction available

DUI Sentencing Enhancements

Additional penalties apply for:

High BAC

• 0.15% or higher
• 0.20% or higher
  These can lead to:
• Longer DUI programs
• More jail time
• Stricter probation terms

Refusal to Take a Chemical Test

• Mandatory enhanced license suspension
• Additional jail time

Speeding

Driving 30+ mph over the limit on surface streets or 20+ mph on the freeway:

• Mandatory jail time enhancement

Child in the Car

Can result in:

• Enhanced DUI penalties
• Separate child endangerment charges

Related Charges in DUI Cases

Many DUI arrests also involve:

Child Endangerment (Penal Code §273a)

• Can be filed as a misdemeanor or felony

Hit and Run

• Misdemeanor or felony depending on injuries

Reckless Driving

Often used in plea negotiations.

Wet Reckless

A wet reckless is a reduced DUI charge that:

• Carries lower penalties
• Has shorter DUI classes
• Still counts as a prior DUI if you are arrested again
• Does not result in a license suspension
• Beneficial for immigration or occupational license issues

CDL Drivers and DUI

Commercial drivers face:

• Disqualification of their CDL
• Even for a DUI in a personal vehicle
• Lower BAC threshold of 0.04% while driving commercially

Protecting your livelihood requires immediate action.

Immigration Consequences of a DUI

A DUI can:

• Affect immigration status
• Impact admissibility or naturalization
• Become more serious if drugs, injury, or child endangerment are involved

We structure case resolutions to minimize immigration damage whenever possible.

Military Diversion for First-Offense DUI

Active duty military and qualifying veterans charged with a first-offense misdemeanor DUI may be eligible for military diversion, which can:

• Avoid a conviction
• Lead to dismissal upon successful completion
• Protect your record and career

Court Process in Placer County DUI Cases

DUI cases are typically handled through the Placer County Superior Court, with appearances in:

• Roseville

We appear on your behalf in most misdemeanor cases so you do not have to miss work.

Why Choose Tiemann Defense for Your DUI Case

We focus on:

• License protection at the DMV
• Avoiding jail
• Preventing felony filings
• Negotiating wet reckless resolutions
• Trial defense when necessary

We defend clients throughout:

• Roseville
• Lincoln
• Rocklin
• Auburn
• All of Placer County

Call Tiemann Defense Today

A DUI arrest does not mean a conviction. Early intervention can protect your license, your record, and your future.

Tiemann Defense
📍 209 Harding Blvd. Suite 7, Roseville, CA 95678
📞 916.939.3900

Call now for a free consultation.