DUI is a criminal offense in Sacramento. DUI means driving under the influence of alcohol. In fact, DUI is the most common criminal offense in the United States. The State of California has taken a tough stance against DUI. When it comes to DUI, the state has a zero tolerance policy. It is important that you be represented by an experienced attorney if you have been arrested for DUI. The DUI attorneys of the Thomas Hogan Law Office Sacramento have years of experience of successfully defending clients charged with DUI.
- This is my first DUI offense, will the judge consider it as a misdemeanor?
- Will I get jail time on my DUI case?
- Will I get in trouble if I refused the breathalyzer test?
- Will my DUI conviction affect my employment?
- What defenses are available to me when I get stopped on suspicion of DUI
- How do I handle a traffic violation?
Throughout the United States, the legal blood alcohol concentration or “BAC” under DUI laws is 0.08%. This means that you will be charged with DUI if your BAC is 0.08% or higher and you are caught operating a motor vehicle. The fact that your BAC is over the legal limit is sufficient for the police to arrest you. Whether or not you were intoxicated is irrelevant under California DUI law. Contact Thomas Hogan Law Office if you have been arrested for DUI. Our Sacramento DUI attorneys are aware of the BAC requirements for a DUI offense. Your BAC must be over the legal limit at the time you were driving, but more often than not you will be administered a blood test at the police station and not when you were stopped on the suspicion of DUI. The time gap between your DUI stop and the blood test can play an important role in your defense.
Confront Your Accuser
The United States Constitution gives every accused the right to confront the accuser. In your case, the accuser will be the police officer who arrested you for DUI. You have the right to cross examine the arresting officer in the court. The Sacramento DUI attorneys of Thomas Hogan Law Office will use the cross examination to dent the credibility of the arresting officer. Remember, if you do not fight the DUI charges against you, you will be convicted. If the cross examination reveals loopholes in the prosecutions case against you, the court will throw out the charges against you. Cross examination is an art and requires skill and experience. Never attempt to cross examine the arresting officer on your own. You may end up making the task easy for the prosecution.
Beyond Reasonable Doubt
Under our criminal justice system, the accused is presumed to be innocent until proven guilty. The theory is that the presumption of innocence requires the prosecution to meet the burden of proof–guilt beyond reasonable doubt–before a conviction can ensue. If the prosecution fails to discharge the burden by its own efforts, then there should be an acquittal. The purpose of this way of setting the requirement of proof is to minimize the possibility of convicting an innocent person even at the cost of raising the probability that guilty persons will not be convicted. It is a kind of principle of safety that is meant to preserve or safeguard certain values or priorities. Our Sacramento DUI attorney are aware that if you create even a slight about the accuracy of the evidence against you, the prosecution will not be able to prove the case against you beyond reasonable doubt.
Right to Remain Silent – Miranda Rights
Exercise your right to remain silent. If you have been stopped on the suspicion of DUI, do as the officer asks you to. There is no point in trying to convince him that you are sober. In fact he would have made up his mind to arrest you by the time he decided to stop you. After arresting you, the officer will take you to the police station. Once you are taken to the police station, ask that you be allowed to speak to an attorney and then contact the Thomas Hogan Law Office. Our Sacramento DUI attorneys will represent you and protect your rights.
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Review for Thomas Hogan Law Office Sacramento
By Jeffrey Peters
“I was impressed with the attention given to the case and the encouragement they gave us. Thank you again.“
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I was in a difficult situation and needed a reputable and trustworthy lawyer to represent me in court against a government agency. I am glad I made an appointment to meet Tom Hogan in his office. The entire office staff is very courteous and professional. Tom Hogan is very likeable, he has a good sense of humor, and my anxiety went away after talking to him for a few minutes. He listened intently on what I had to say and gathered information by asking me several questions pertaining to my case. He has great attention to details. I was able to understand better my predicament after he explained the situation I am in so I decided on day 1 that he is the lawyer I am looking for. He showed up on all my court dates and stood for me against seemingly insurmountable odds. For those who are summoned to appear in court by the government, I guess you can relate… you are in between a hard place and a rock. His arguments turned around the case in my favor. The last court appearance went like a blur and I was still in disbelief as we are walking out of the court house. I asked him, what is going on? He responded ” We won. They are not going to bother you anymore.”Joe Stockton
Mr. Hogan took a personal interest in helping me with my legal issue. It was refreshing to find a lawyer that did not treat you like a number. He asked all the necessary questions so that he could properly represent me. He obviously has a lot of experience and it showed in how he handled my case. I would definitely recommend Mr. Hogan to any of my friends for legal assistance.Al M. Modesto
When I decided to get married he established my pre-nup. Since I had no idea how or what to put into it he was able to advise me on thing I would have never thought about. then 8 years later I needed a legal separation. Since the pre-nup was very detailed it made the legal separation quick and easy. Tom is very knowledgeable and is very understanding. I appreciate that he is tough when he needs to be but at the same time sensitive to the situation. He won’t just tell you what you want to hear but is honest and tell you how the law looks at things. I recommend Tom to anyone that needs a lawyer!Jeri E. Modesto
Mr. Hogan and his staff were a pleasure to work with. I consulted with them regarding a potential IRS tax issue. They answered all my questions gave me invaluable advise. I am sleeping much better at night since my stress has been diminished. Thank you Mr. Hogan.Evelyn M. Modesto
If you need an attorney with a keen understanding of financial matters, look no further than Tom Hogan. Mr. Hogan deserves the gold star for his accomplishments as an attorney and CPA. I never expected to ever find an attorney as competent, caring and driven as Mr. Hogan. As soon as Tom took on my case, he was determined to help me. He immediately plowed through the reams of documents pertaining to my case, financial and legal, and honed in on the critical pieces.Roberta C. Modesto
We care about our clients and are dedicated to addressing their legal issues to the best of our ability.Tom Hogan Founder