Understanding Your DUI Charges in Truckee
After a DUI arrest in Truckee, you're facing two separate proceedings: a DMV administrative hearing (about your license) and a criminal court case (about criminal penalties). This page focuses on the criminal case in Nevada County Superior Court.
Vehicle Code § 23152(a) - DUI
Driving under the influence of alcohol or drugs. The prosecution must prove you were impaired while driving, regardless of your BAC. This is the more subjective charge based on officer observations, field sobriety tests, and your behavior.
Vehicle Code § 23152(b) - Per Se DUI
Driving with a blood alcohol content of 0.08% or higher. This is the "per se" charge—if your BAC was 0.08% or above, the prosecution can convict you without proving actual impairment. However, we can challenge the accuracy and reliability of the BAC test.
Most Truckee DUI arrests result in BOTH charges being filed. You can be convicted of one or both, but you can only be punished once.
First-Time DUI Penalties in Nevada County
- Jail: Up to 6 months in county jail (often reduced to probation for first offenders)
- Fines: $1,800-$2,800+ (including penalty assessments, total often exceeds $5,000)
- License suspension: 6 months (separate from DMV suspension)
- DUI school: 3-9 month alcohol education program
- Probation: 3-5 years informal probation with strict conditions
- Ignition interlock device: May be required for 6-12 months
- Insurance impact: SR-22 required, rates increase dramatically
Enhanced penalties for: High BAC (0.15%+), refusal to test, accidents, having a minor in the vehicle, or speeding 20+ mph over the limit.
Field Sobriety Tests in Truckee: Challenging the Evidence
Field sobriety tests (FSTs) are notoriously unreliable under normal conditions—and Truckee's mountain environment makes them even more suspect. If you were arrested after performing FSTs, I examine every factor that could have affected your performance:
Why FSTs Fail in Truckee's Mountain Environment
Altitude Effects (6,000+ Feet Elevation)
- Dizziness and lightheadedness: Altitude sickness symptoms mirror intoxication
- Poor balance: Lack of oxygen affects coordination and equilibrium
- Rapid breathing: Can appear as anxiety or impairment
- Fatigue: Altitude exhaustion affects physical performance
Weather and Road Conditions
- Icy surfaces: Impossible to balance on one leg or walk a straight line on ice
- Snow-covered ground: Uneven, slippery surfaces skew test results
- Extreme cold: Shivering, stiff joints, reduced dexterity
- Poor lighting: Dark mountain highways, minimal street lighting
- Roadside location: Steep grades, unlevel pavement, passing traffic causing distraction
Physical Exhaustion from Recreation
- Skiing/snowboarding fatigue: Leg exhaustion affects balance tests
- Muscle soreness: Sore legs from skiing interfere with walk-and-turn test
- Dehydration: Common in mountain activities, causes poor FST performance
- Previous injuries: Knee, ankle, or back problems from skiing/boarding
Age, Medical Conditions, and Footwear
- Age over 50: Balance naturally declines with age
- Weight: People over 50 pounds overweight struggle with balance tests
- Inner ear problems: Common at altitude, affects balance
- Ski boots or snow boots: Heavy, awkward footwear makes FSTs nearly impossible
Here's the key: California law says FSTs are voluntary. Officers often don't explain this, making it seem mandatory. If you performed poorly on FSTs, I challenge whether the tests were administered properly, whether conditions were suitable, and whether your performance was truly indicative of impairment.
Breath and Blood Test Defenses
Chemical test results are powerful prosecution evidence, but they're not infallible. I attack BAC test results from multiple angles:
Breathalyzer Defenses Specific to Truckee
- Altitude calibration issues: Breathalyzers calibrated at sea level may produce inaccurate readings at 6,000 feet
- Mouth alcohol: Belching, GERD, or recent drinking creates falsely high readings
- 15-minute observation period violations: Officer must watch you continuously for 15 minutes before testing—often not done properly
- Cold weather effects: Extremely cold breath can affect breathalyzer function
- Radio frequency interference: Police radio equipment can interfere with breathalyzer results
- Device calibration and maintenance: I obtain maintenance records to verify proper calibration
- Rising blood alcohol: Your BAC was under 0.08% while driving but rose by the time of testing
Blood Test Defenses
- Improper blood draw: Was the draw performed by qualified personnel?
- Contamination: Were proper sterilization procedures followed?
- Storage and chain of custody: Was the blood properly stored and documented?
- Lab errors: Independent retesting can reveal mistakes or contamination
- Fermentation: Blood samples can ferment over time, increasing apparent BAC
- Preservative issues: Was the correct amount of preservative used in the blood vial?
Nevada County Court Process for Truckee DUI Cases
What to Expect in Your Criminal Case
1. Arraignment (First Court Appearance)
Typically scheduled 4-6 weeks after arrest at Nevada County Superior Court in Nevada City. You'll be formally charged, advised of your rights, and enter a plea (almost always "not guilty" at this stage). Bail conditions and release terms are set. I appear with you and handle all proceedings.
2. Pre-Trial Motions and Discovery
I obtain all evidence: police reports, dash cam or body cam videos, breathalyzer calibration records, blood test results, and witness statements. I file motions to suppress illegally obtained evidence (illegal stop, improper testing procedures, etc.). Many DUI cases are won or significantly weakened at this stage.
3. Plea Negotiations
I negotiate with the Nevada County District Attorney to reduce charges or minimize penalties. Common favorable outcomes include:
- Reduction to "wet reckless" (VC 23103.5) - Lesser charge with reduced penalties
- Reduction to "dry reckless" (VC 23103) - No alcohol-related conviction
- Dismissal - In cases with weak evidence or procedural violations
4. Trial (If Necessary)
If we can't reach a favorable plea agreement, I'm fully prepared to take your case to jury trial in Nevada County Superior Court. With 20+ years of trial experience, I know how to challenge the prosecution's case, cross-examine officers and experts, and present compelling defenses to a jury.
Common DUI Defenses I Use in Truckee Cases
No Probable Cause for the Stop
The officer must have reasonable suspicion that you violated a traffic law before pulling you over. I challenge stops based on:
- Driving pattern caused by weather/road conditions, not impairment
- Swerving to avoid snow, ice, or debris
- Driving too slowly due to unfamiliarity with winding mountain roads
- Officer's subjective interpretation of "weaving within lane"
- Pretextual stops (officer uses minor traffic violation as excuse to investigate DUI)
Not Actually Driving
If the officer didn't see you driving—for example, you were found sitting in a parked car—the prosecution must prove you were the driver. This is common in scenarios where:
- You pulled over to sleep it off and were contacted while parked
- You were sitting in your car with the engine running for heat
- Someone else was driving but left the scene before police arrived
Rising Blood Alcohol
Particularly relevant in Truckee where people drink at ski resorts or restaurants, then drive a short distance before being stopped. Your BAC may have been under 0.08% while you were driving but continued rising during the 1-2 hours before testing. This is a complete defense to VC 23152(b).
Medical Conditions and Medications
- Diabetes: Can cause breath to smell like alcohol and produce acetone that breathalyzers detect
- GERD/acid reflux: Causes belching that brings up stomach alcohol, contaminating breath tests
- Altitude sickness: Symptoms identical to intoxication
- Prescription medications: Many medications can affect balance, speech, and coordination
- Fatigue: Exhaustion from high-altitude activities causes impairment symptoms
DUI with Injury - Enhanced Charges
If your DUI involved an accident with injuries, you face much more serious charges under Vehicle Code § 23153:
DUI with Injury Penalties
- Felony charges possible: Can be charged as misdemeanor or felony
- State prison: 16 months to 16 years depending on injuries and criminal history
- Fines: $1,000-$5,000 plus restitution to victims
- License revocation: 1-5 years (longer than simple DUI)
- "Strike" offense: Counts as a strike under California's Three Strikes law if serious bodily injury
- Victim restitution: You may owe tens or hundreds of thousands for medical bills, lost wages, pain and suffering
DUI with injury cases require immediate, aggressive defense. Call me now at 530-265-0186 if you're facing these charges.
Second, Third, and Fourth DUI Offenses
Penalties escalate dramatically with each DUI conviction within 10 years:
Second DUI (Within 10 Years)
- 96 hours to 1 year in jail
- $1,800-$2,800 fines (plus assessments)
- 2-year license suspension
- 18-30 month DUI program
- IID required for 1 year
- 3-5 years probation
Third DUI (Within 10 Years)
- 120 days to 1 year in jail
- $1,800-$18,000 fines
- 3-year license revocation
- 30-month DUI program
- IID required for 2 years
- Designated as "habitual traffic offender"
Fourth DUI = Felony. Four DUI convictions within 10 years, or any DUI within 10 years of a felony DUI, results in felony charges with 16 months to 3 years in state prison.
Why Experience Matters in Truckee DUI Cases
Truckee DUI cases are unique. Tourists, seasonal workers, and locals all face the same Nevada County court system, but their circumstances differ dramatically. As your attorney, I provide:
- 25+ years criminal defense experience: I started as a criminal defense attorney before focusing on DUI and personal injury law
- Nevada County court knowledge: I know the local judges, prosecutors, and court procedures
- Understanding of Truckee's environment: I can explain to judges and juries why altitude, weather, and mountain conditions affect DUI evidence
- Aggressive negotiation: I've successfully negotiated hundreds of plea deals to reduce charges and minimize penalties
- Trial experience: If your case goes to trial, I have the courtroom skills to win
- Coordinated defense: I handle both your DMV hearing and criminal case for unified strategy
Frequently Asked Questions
Should I have refused the breath test?
It's too late to change what happened, but for future reference: California has an "implied consent" law meaning you impliedly agreed to chemical testing when you got your license. Refusing triggers an automatic 1-year license suspension and prosecutors can use your refusal against you at trial ("consciousness of guilt"). However, in some high-BAC situations, refusal may have been the better tactical choice. Either way, I can defend both scenarios.
Can I get my DUI reduced to a wet reckless?
Possibly. A "wet reckless" (VC 23103.5) is reckless driving involving alcohol. It's a common plea bargain in DUI cases with weaknesses in the prosecution's evidence. Benefits include lower fines, shorter DUI school, and potentially less impact on employment. However, it still counts as a prior DUI for 10 years. I negotiate for wet reckless reductions when the evidence supports it.
What if I'm from out of state and can't keep coming back for court?
In most misdemeanor DUI cases, I can appear on your behalf so you don't have to keep traveling to Nevada County for court dates. You'd need to return for trial if we can't resolve the case through negotiation, but most matters can be handled with just 1-2 appearances by you. I coordinate with out-of-state clients regularly.
Will I go to jail for a first DUI?
Probably not. First-time DUI defendants with no aggravating factors (no accident, no injuries, BAC under 0.15%, no minor in vehicle) usually receive probation rather than jail time in Nevada County. However, jail is always a possibility, which is why you need strong legal representation to negotiate the best outcome.
How long will this take?
Most DUI cases resolve within 3-6 months through plea negotiations. Cases that go to trial can take 8-12 months or longer. The timeline depends on court schedules, evidence complexity, and whether we file motions to suppress evidence. I work efficiently while ensuring we build the strongest possible defense.
Can I still ski/visit Tahoe while my case is pending?
Yes, unless the court specifically restricts your travel as a condition of bail. For most first-time DUI defendants, there are no travel restrictions. You're free to return to Truckee or Tahoe for work or recreation. However, if you're on probation or bail, you must not violate any conditions (no drinking and driving, etc.).
What happens if I miss a court date?
Missing a court appearance results in a bench warrant for your arrest and bail forfeiture. If you retained me as your attorney, I typically can appear on your behalf for most court dates, so you won't need to miss work or travel long distances. If you absolutely cannot appear when required, contact me immediately—I may be able to continue the hearing or make other arrangements.
Take Action Now
A DUI arrest in Truckee is serious, but it's not a conviction. With experienced legal representation, many DUI charges can be reduced, dismissed, or successfully defended at trial. Don't wait—call me today at 530-265-0186 for a free consultation.
I'll review the facts of your arrest, explain your options, and develop a defense strategy tailored to your case. Whether you're a local resident, tourist, or seasonal worker, I'm here to protect your rights and your future.