Chico Drunk Driving Attorney
Chico Criminal Law Attorney
William Mayo

Serving the following counties in California only: Butte County, Glenn County, Tehama County, Sutter County, Yuba County, Colusa County and Plumas County.

The Mayo Law Clinic is a full-service criminal defense law firm dedicated to providing each client with an experienced and aggressive defense in all DUI cases.

As an experienced Northern California DUI Attorney, William Mayo understands that the preservation of a DUI defendant's license is of paramount importance to the client, and he prepares a skilled defense strategy around that priority. Attorney Mayo’s mastery of the technical and, at times, complex field of DUI law, coupled with his combined power of persistence and persuasion, have produced an impressive record of victories, both in the courtroom as well in the setting of the DMV driver's license suspension hearing.

For the vast majority of people, a DUI arrest brings a high level of angst and personal concern. The very thought of being jailed for a period of time raises many of these concerns. Also, the suspension or revocation of a driver's license can have ruinous consequences on many levels. People sometimes lose their jobs, and the financial implications of lost employment can be staggering. If you are arrested for DUI, you need a defense lawyer who knows your concerns and the law. As a skilled Redding Criminal Defense Lawyer, William Mayo will fight vigorously for your rights.

Under the accomplished guidance of William Mayo, the Mayo Law Clinic provides legal representation of the highest order to clients in Chico, Redding and the counties of Butte, Glenn, Tehama, Sutter, Uba, Colusa and Plumas, within the following practice areas:
  • Driving Under the Influence of Alcohol or Drugs (DUI)
    • Felonies
      • Accident with Injuries
      • Prior Felony DUI
      • Vehicular Manslaughter
      • Three Strikes Defense
    • Misdemeanors
    • DUI-Drugs
    • DUI-Boating
    • DUI-Commercial Vehicles
    • DUI-Bicycling
    • Chemical Test Refusals
  • Department of Motor Vehicle Hearings
    • All License Suspension/Revocation Proceedings
    • Negligent Operator Suspensions
    • Chemical Test Refusals
    • Medical and Child Support Proceedings
  • Serious Traffic Offenses
    • Vehicular Manslaughter
    • Hit and Run
    • Reckless Driving
    • Child Endangerment

As an experienced Chico drunk driving attorney, William Mayo also provides superb representation for a wide range of other criminal matters, including:

  • Domestic Violence
  • Assault/Battery
  • Drugs/Narcotics
  • White Collar Crime
  • Juvenile Law
  • Traffic Violations
  • Sexual Misconduct
  • Homicide/Manslaughter
  • Fraud
  • Burglary
  • Robbery
  • Damage to Property
  • Arson
  • Post Conviction Relief
  • Appeals
  • Domestic Violence
  • Rape
  • Solicitation
  • Larceny
  • Warrants Extradition
  • Violation of Probation
Defending your criminal case in the strongest possible way is critical to your freedom and your future. The outcome of any criminal case depends upon the facts surrounding the crime charged, the strength of the evidence, the legal validity of law enforcement and courtroom procedure, and the goals and strategy of the government and defense.

Most prosecutors in the region have come to know William Mayo as a formidable courtroom adversary, and they also realize the extent to which he prepares for both his pre-trial motions, as well as for all trials. As a skilled Redding Criminal Defense Attorney, William Mayo’s unfailing preparation and readiness in pre-trial motions have resulted in numerous out-right dismissals of DUI cases long before any trial is to be had.

"The Mayo Law Clinic is, without question, the premier criminal defense firm in the North Sacramento Valley, emphasizing primarily in DUI defense. With over 27 years of trial experience, we pride ourselves in our cutting-edge practice, a law practice that advances every possible legal defense for our clients."

- Attorney William Mayo

If you or someone you know in the counties of Butte, Glenn, Tehama, Sutter, Yuba, Colusa or Plumas needs the assistance of an experienced Chico Drunk Driving Attorney, call William Mayo today at  866-691-7928, or use the contact form provided on this site to schedule your free consultation.

Practice Areas and Legal Definitions

Driving Under the Influence (DUI):
DUI stands for Driving Under the Influence and occurs when someone is operating, or is in actual physical control, of a motor vehicle while under the influence of alcohol or other controlled substance, to the extent that their mental faculties are impaired and/or their blood alcohol content (BAC) is above the legal limit. Even for a first offense, penalties can include license suspension, substantial fines, community service, mandatory attendance at a state or DMV approved alcohol program, mandatory overnight incarceration and the required installation (at the offender's expense) of a car ignition locking device. In addition, it typically results in higher insurance premiums and an offender may become ineligible for credit.

Driving with a Suspended License:
Driving with a suspended or revoked license is usually charged as a serious misdemeanor punishable by substantial fines and up to a year in jail. Under some circumstances, as where someone is killed or injured in an accident caused by a driver whose license is suspended or revoked, the offense can be charged as a felony, with a high fine and a possible state prison sentence. Fines and jail sentences are typically heaviest in cases where the license suspension or revocation resulted from a traffic offense involving alcohol and/or drugs.

Reckless Driving:
Reckless driving is operating a vehicle with willful or wanton disregard for the safety of others or the property of others. It generally involves drastic misconduct on the road, such as driving on the wrong side of the road or driving at dangerously high speeds. It is generally charged as a misdemeanor, punishable by a fine and a local jail sentence. It sometimes results in a driver's license suspension or revocation, and it very often results in the cancellation of insurance. Automobile insurance companies know that people who drive “recklessly” are more likely than others to get in traffic accidents. Also, “reckless driving” convictions are commonly seen as part of a plea bargain in which an initial DUI charge is “reduced” to reckless driving.

Hit and Run Driving:
Hit and Run Driving is a serious offense that involves leaving the scene of an accident without first stopping and identifying oneself to the other driver or drivers. It is, at minimum, a serious misdemeanor punishable by jail time and a high fine. If someone is injured or killed in the accident, hit and run driving is charged as a felony that can result in a state prison sentence. In either case the charge has nothing to do with who was at fault in the accident. Apart from the other penalties, hit and run driving can result in long-term driver's license suspension or, in some cases, actual license revocation.

Driving Under the Influence (DUI) with Prior Convictions:
In all 50 states, repeat DUI offenders face progressively stiffer penalties. In some states, the third or fourth offense may be charged as a felony and, upon a conviction, result in a multi-year state prison term. The elements of the offense are the same, whether or not there are prior convictions.

Driving Under the Influence of Drugs or Prescription Medications:
Most people know that it is illegal to drive under the influence of illegal drugs, but many believe they can avoid a conviction for DUI by producing a prescription for the drug in question. This is not true. A DUI (drugs) charge has nothing to do with whether or not possession of  the drug was lawful. The legal issue in any DUI case is whether, as the result of "impairment," the driver has lost the ability to drive safely. It is just as unlawful to drive under the influence of a properly prescribed medication as it is to drive after drinking too much alcohol.

Other Traffic Crimes:
Every state has its own set of laws governing the operation of motor vehicles on public streets and highways. Most of these laws classify violations as infractions - relatively minor offenses for which a fine is the only penalty. One cannot be given a jail sentence for an infraction. It can be very important to fight infraction prosecutions in some situations. Many states have “point” systems to track individual driving records and the accumulation of too many points can have serious consequences, ranging from license suspension to revocation. Automobile insurance carriers often cancel the policies of drivers with too many “points.” The decision whether or not to fight an infraction ticket is one that should receive very careful consideration.

Administrative License Suspension Hearings:
Most states provide for administrative driver's license suspension in certain circumstances, but in every case the driver is entitled to a hearing in which the suspension can be contested. If a hearing is not requested within the time provided by law the right to a hearing is waived, and the suspension goes into effect automatically. In some cases the time for requesting a hearing is very short, and the scope of the hearing is usually very narrow and highly technical, from a legal standpoint. Self-representation at a suspension hearing is rarely successful. The different types of administrative suspension include:

  • Medical/Drug Suspension
    Some medical conditions require administrative driver's license suspension. These include certain diseases involving seizures, blackouts, fainting spells, serious physical coordination problems, some mental disorders and loss of vision. The defense to this type of suspension usually involves the submission of written reports from health care providers and other experts.
  • Negligent Driver Suspension
    This involves situations in which a driver has accumulated too many “points” for traffic tickets or has been involved in an unusually high number of accidents.
  • Drunk Driving Suspension Based on BAC
    If a defendant’s chemical test shows a BAC of .08% or more most states impose a 30 to 90 day suspension. This varies from state to state and may be longer than that. At the hearing, skilled counsel may attack the probable cause for the defendant’s detention and arrest and/or the validity of the chemical test.
  • Drunk Driving Suspension Based on Test Refusal
    Where the defendant refuses to submit to a chemical test most states provide for a license suspension ranging from six months to a year, but in at least one state the term is three years. The refusal suspension is not affected by the outcome of a DUI trial. If there is a refusal suspension it remains in place even if the defendant is adjudged “not guilty.” At the hearing, skilled counsel may attack the probable cause for the defendant’s detention and arrest and/or the validity of the chemical test.
Fraud:
In criminal law, fraud is the crime or offense of deliberately deceiving another in order to damage them — usually, to obtain property or services from him or her unjustly.  Fraud can be accomplished through the aid of forged objects. In the criminal law of common law jurisdictions it may be called "theft by deception," "larceny by trick," "larceny by fraud and deception" or something similar. Fraud can be committed through many methods including mail, wire, phone and the internet.

Domestic Violence:

Domestic violence is any physical, emotional, sexual or other violence that takes place between people who may be married or not married; heterosexual, gay, or lesbian; living together, separated or dating. Domestic violence can be criminal and include physical assault: hitting, pushing and shoving, etc., sexual abuse: unwanted or forced sexual activity, and stalking. Domestic violence charges can have a serious impact on your life.

Felony Crimes:

Felony Crimes involve drug and narcotics charges, arson, burglary, armed robbery, murder and/or attempted murder, rape and/or sexual assault, kidnapping and aggravated assault and battery. A felony conviction is a serious matter that can result in a substantial state prison sentence and the potential loss of certain privileges and Constitutional rights of U.S. citizenship, such as the right to possess a firearm or the right to vote.

Misdemeanors:

Misdemeanors are more serious than petty offenses, but much less serious than felonies. Misdemeanors typically result in imposition of such punishments as a fine or a jail sentence not exceeding a year. If a jail sentence is imposed, it is served at a local, city or county jail rather than a state or federal prison (penitentiary). In many jurisdictions and in certain types of cases defendants who can't afford an attorney are not entitled to a court-appointed attorney in a misdemeanor case. Unlike felonies, misdemeanors are usually handled by special courts with abbreviated procedures, such as a city court or municipal court.

Serious Violent Crimes and Murder:

By definition, a violent crime is a behavior by persons, against persons or property that intentionally threatens, attempts or actually inflicts physical harm. The seriousness of the injuries to the victim(s), whether or not guns or other weapons were used and/or whether or not the alleged perpetrator has a criminal record will determine the seriousness of the charge. Most violent crimes are considered felonies and are subject to be considered a "strike" in a state that has adopted three strikes laws. Violent criminal charges can include: aggravated assault, arson, assault and battery, domestic violence, hate crimes, homicide, larceny, rape, manslaughter, mayhem and murder.

One of the most serious areas of violent crime is homicide - killing a person, whether lawfully or unlawfully. Justifiable homicide and excusable homicide are lawful homicides, while criminal homicide, negligent homicide, reckless homicide and vehicular homicide are unlawful homicides. Unlawful homicide comprises the two crimes of murder and manslaughter.

White Collar Crimes:

High-tech professionals, corporate executives and clergy who are criminally charged for offenses such as corporate theft, counterfeiting, embezzlement, forgery, hacking, fraud, tax evasion or bad checks are often referred to as "white collar" offenders and are prosecuted for white collar crimes. In some cases, first-time offenders are convicted and sent to prison, even with no prior criminal history. An arrest and conviction for one of these crimes can have a serious impact on your life.

Expungement Motions:

An Expungement of your record results in the extraction and isolation of all records on file with any court correctional facility or law enforcement agency. The records that are expunged include complaints, warrants, arrests reports, commitments, criminal history records, fingerprints and your rap sheet.

Contrary to popular belief, your record is not automatically cleared or expunged with the passage of time. Even if you were never found guilty, an arrest is not expunged unless a court grants your Expungement petition. State statutes impose application guidelines and waiting periods for various types of arrests and convictions. The guidelines provide instruction for what can be expunged and set forth certain specific types of offenses that cannot. The guidelines also impose waiting periods that are calculated from the completion of the sentence imposed by the court.

It is important to note that an Expungement does not destroy records; it extracts and isolates the records. Under most circumstances, once an Expungement has been granted those records cannot be disclosed. A person who has been granted an Expungement can respond that he or she has no conviction when asked a question about having a criminal record. Exceptions to this rule include a person seeking a second Expungement, a person seeking a conditional discharge, and a person seeking to obtain employment in law enforcement.

What to bring to a consultation:
  • A copy of all papers pertaining to your arrest(s);
  • A copy of all court papers pertaining to the disposition of the charge(s) you want expunged; and,
  • A copy of any report pertaining to the completion of any probationary or diversionary treatment program.

Juvenile Delinquency:
Delinquency is a legal term for criminal behavior carried out by a juvenile. Delinquent behavior is divided into two categories: status offenses and delinquency offenses. Status offenses are those acts which would not be considered offenses if committed by an adult, such as school truancy, running away from home, alcohol possession or use, or curfew violations. Juvenile Delinquency offenses involve destruction or theft of property, commission of violent crimes against persons, illegal weapon possession, or the possession or sale of illegal drugs.

Juvenile Court:

Juvenile court is unique and should not be treated as if it were adult court for young clients.  While the substantive criminal law is the same in juvenile and adult court, the procedures and sentencing law are substantially different.  The consequences of a misstep by an attorney inexperienced in juvenile matters can be devastating. For example, contrary to what many parents believe, a juvenile conviction is not removed from a child's record when he or she turns 18.

Despite the rehabilitative focus of juvenile court, juvenile convictions are counted as criminal history in future cases.  They also remain on state criminal records databases and may affect a young person's ability to enter college, obtain employment, financial aid, a driver's license or join the military.   Additionally, juvenile convictions can result in commitment to a juvenile detention facility or institution for periods ranging from days to months and even years. Worse, in some cases, a child may end up being prosecuted in adult court where the punishment is even more severe.

Appellate and Post Conviction:

In an appeal, an appellate court reviews the record of the pre-trial and trial proceedings for legal errors. The record includes the court file, the court reporter's transcript and the evidence and exhibits introduced in the trial court. In general, an appellate court does not consider information that is not contained in the record.

A post-conviction petition is the general name for what is called a "collateral attack" on a conviction. In federal court, they are called habeas corpus petitions. By using a post-conviction petition, a defendant generally can bring evidence before the reviewing court that was not part of the record on appeal, and in this way raise issues that would otherwise not be reviewed.

Internet Crime:

Internet crime is defined as any illegal activity involving one or more components of the Internet such as websites, chat rooms and/or email. Internet crime involves the use of the Internet to communicate false or fraudulent representations to consumers. These crimes may include, but are not limited to, advance-fee schemes, non-delivery of goods or services, computer hacking, phishing, pharming, programming worms, viruses or employment/business opportunity schemes.

Sex Crimes:

Sex crimes can include such charges as: Child Abuse, Child Pornography, Date Rape, Failure to register (as a Sex Offender), Indecent Exposure, Internet Porn, Lewd Conduct, Marital Rape, Molestation, Obscenity, Pedophilia, Pornography, Prostitution, Rape, Sexual Abuse, Sexual Assault, Sodomy and Statutory Rape. Many sex crimes are considered felonies and require convicted defendants to continually register themselves as publicly recognized sex offenders with the local and state authorities where they live and work. Charges of sexual misconduct carry extremely serious penalties and these crimes are commonly punished more severely than any other crime except murder. Sexual misconduct is seldom witnessed by anyone other than the accuser and accused and the risk of conviction of an innocent person is drastically higher in these cases.

Drugs and Narcotics Charges:

Drugs and Narcotics laws have tried to keep up with the changing perceptions and real dangers of substance abuse. By 1970, over 55 federal drug laws and countless state laws specified a variety of punitive measures, including life imprisonment and even the death penalty. To clarify the situation, the Comprehensive Drug Abuse Prevention and Control Act of 1970 repealed, replaced, or updated all previous federal laws concerned with narcotics and all other dangerous drugs.

Most states have laws that give different treatment to possession of different categories of drugs (i.e. prescription drugs, marijuana, crystal methamphetamine), and also make a distinction in the offense charged as to whether a small amount of the drug was found with the defendant (personal use) or a larger amount (intent to sell or distribute, trafficking). A conviction on a drug charge of any magnitude, even a small amount of marijuana, can seriously affect your present and future employment chances, your education, your reputation and your freedom.

If you or someone you know in the counties of Butte, Glenn, Tehama, Sutter, Uba, Colusa or Plumas needs the assistance of an experienced Chico, California Drunk Driving Attorney, call William Mayo today at  866-691-7928, or use the contact form provided on this site to schedule your free consultation.

Frequently Asked Questions

The following information includes frequently asked DUI questions. The answers stated are general in nature and are not intended to apply to every situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel.  By contacting Attorney William Mayo at 866-691-7928, you can receive a personal consultation regarding your specific legal claim.

If I am arrested on suspicion of drunk driving will I lose my license?
If you are arrested on suspicion of drunk driving your driver's license is definitely at risk. For a variety of reasons, police, prosecutors, and courts have increasingly made drunk driving cases a high priority in recent years. Outright revocations are rare, apart from multiple offenders and cases involving death or serious injury, but suspensions are not at all uncommon. Even where the law provides for suspension, however, courts can often be persuaded to limit its duration or to qualify it with restrictions. In many cases it is possible to have the court restrict, rather than suspend the license, so that one may continue to drive to and from work, school or medical appointments. It depends on the particular circumstances of your case.

Is drunk driving a felony?
Aggravated cases such as those involving accidents where someone is killed or seriously injured have long been charged as felonies, but most drunk driving charges are brought as misdemeanors. Growing public and legislative impatience with repeat offenders has been expressed in the enactment of statutes such as the one in California that provides for a fourth drunk driving offense within seven years to be charged as a felony. The number of prior offenses and the time between them varies from state to state for the charging of felony drunk driving, but a trend is definitely in progress.

Does the car have to be moving for me to be guilty of DUI?
No. You can be arrested for DUI by driving while over the legal BAC in your state or while impaired. But, you need not actually operate the car in order to be arrested. You can still be found guilty if you had the capability and power to dominate, direct or regulate the vehicle, regardless of whether you were exercising that capability or power at the time of the arrest. In other words, simply sitting behind the wheel with the keys in the ignition can lead to your arrest for DUI by being in actual physical control of the car.

What are the benefits of hiring a drunk driving attorney?
Although generally charged as a misdemeanor on a first offense, drunk driving cases are prosecuted with the same aggressive zeal as serious felonies in most states. If convicted, even a first offender may encounter far-reaching and destructive consequences, aside and apart from the sentence imposed by the Court. Even if the Court does not suspend or revoke the driving privilege the DMV or other state licensing agency may do so in an administrative action, and in this age the lack of a drivers license often causes loss of employment, resulting in financial catastrophe. If automobile insurance is not canceled the convicted drunk driver is certain to receive notice of drastic premium increases. As prosecutors have tightened the focus on drunk driving cases legislators have responded with ever more severe statutory penalties and the scientific world has brought the cutting edge of modern technology into the drunk driving courtroom.

Effective representation in a drunk driving case requires much more than a law degree and general courtroom experience. There is no substitute for an aggressive and experienced trial lawyer with broad expertise in drunk driving defense. Mere knowledge of the law is simply not sufficient. Today’s drunk driving lawyer must be thoroughly conversant with the effects of alcohol on the body and must be well-informed on matters involving pharmacology and chemical testing. He or she must know the many medical and psychological conditions that can mimic intoxication with their symptoms, and needs sufficient experience in the field to have established personal credibility with the prosecutors and judges in this demanding field. Lawyers lacking in drunk driving defense experience are often overwhelmed by the various scientific and technical aspects of these cases, even though they may be superbly qualified to handle cases in other fields.

Do I have to take Field Sobriety Test (FST)?
No. You are not legally required to perform FST’s, and you should probably "respectfully decline" any request that you do so. It is virtually impossible to pass an FST. Nervous, frightened people tend to make mistakes, and you may be certain that if you are stopped for drunk driving and asked to perform an FST, you are going to be nervous and you are going to be frightened. If you make a single error - even a trivial one - in any of the several stages of the test, the officer may grade your performance as a failure. If, by some miracle, your performance is utterly flawless, one of the witnesses at your trial may be a prosecution expert, testifying that perfect performance on the FST does not necessarily indicate that you were not impaired by alcohol. The expert will then go on to explain that it may very well be an indication that you are a heavy drinker who has built up "tolerance" to alcohol over time. In other words, if you fail the test, that means you were impaired, but if you pass the test that doesn't necessarily help your case. Tell the officer that you are nervous and upset - that will certainly not be a lie - and that you "respectfully decline" to perform any FST’s.

If I am arrested for drunk driving am I required to take a drug test?
If you are arrested for drunk driving police in most states allow you to choose between a blood, breath or urine test to measure the alcohol concentration in your blood. If you choose a breath test the test equipment used is not capable of testing you for drugs. You should be aware, however, that if you choose a blood test or a urine test, the sample you provide may be tested for drugs as well as alcohol. If the police have probable cause to believe that you are under the influence of drugs you may be required to give a blood or urine sample for testing instead of, or in addition to taking the breath test. Typically this occurs when a driver shows obvious symptoms of intoxication, but a breath test registers little or no alcohol in the system.

Can I be charged with DUI if I am impaired by legitimately prescribed medication?
Yes. The DUI laws in most states make it unlawful to drive under the influence of alcohol and/or any drug. If your driving is drug-impaired it doesn’t make any difference whether the drug involved is a street drug like cocaine or a drug properly prescribed by your physician for the legitimate treatment of some medical problem or condition. The issue is not why you are impaired, but whether you are impaired.

Professional Profile

Attorney William Mayo places top priority on representing his clients vigorously and ethically to achieve the best results possible. If you or someone you know in the counties of Butte, Glenn, Tehama, Sutter, Uba, Colusa or Plumas needs the assistance of an experienced Chico, California Drunk Driving Attorney, call William Mayo today at  866-691-7928, or use the contact form provided on this site to schedule your free consultation.

FIRM ADDRESS:
Mayo Legal Clinic
132 W. 2nd Street
Chico, CA 95927
Telephone:  866-691-7928
Free consulations available
After-hours service available upon request

MEMBERS OF THE FIRM:
William Mayo, Attorney

EDUCATION:
Boston University, LIM, 1981
Southwestern School of Law, JD, 1980
UC Santa Barbara, BA, 1973

COURTS ADMITTED:
California, 1980

PROFESSIONAL MEMBERSHIP:
Specialist Member, California DUI Lawyers Association

Additional Questions or need further information?

William Mayo
Mayo Law Clinic
P.O. Box 5227
Chico, CA 95927
Telephone: 866-691-7928
Fax: 530-230-2846

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