In recent years, driving under the influence (DUI) offenses have become a significant concern in San Francisco and the surrounding areas. As a result, the need for experienced and dedicated San Francisco DUI lawyers has increased. Navigating the legal process following a DUI charge can be confusing and intimidating, which is why it is essential to have a knowledgeable attorney by your side.
Our San Francisco DUI lawyers are well-versed in the complexities of DUI laws and can work diligently to protect and defend your rights. We understand the devastating impact a DUI conviction can have on your life, including your career, finances, and relationships. We are dedicated to providing compassionate, professional legal representation to help you successfully navigate the legal system and achieve the best possible outcome.
Being charged with a DUI in San Francisco is not a light matter and should not be taken lightly. To ensure that you receive the appropriate legal guidance and representation, it’s crucial to have an experienced San Francisco DUI lawyer on your side. Don’t hesitate to seek our help if you find yourself facing a DUI charge or if you have any questions about the legal process. Learn more about san francisco dui lawyer
Understanding DUI Law in San Francisco
The Legal Definition of DUI
In San Francisco and the rest of California, the legal definition of a DUI (Driving Under the Influence) includes driving under the influence of alcohol, drugs, or both. A driver can be charged with a DUI if their blood alcohol content (BAC) is 0.08% or higher. For commercial drivers, this threshold is lowered to 0.04%, and for drivers under the age of 21, it is 0.01%.
Drug-related DUIs are not measured by percentage but are based on whether or not the driver’s mental or physical abilities are impaired due to drug use. This determination is made by assessing the driver’s behavior through a series of field sobriety tests or through chemical testing.
Penalties for DUI in San Francisco
In San Francisco, DUI penalties depend on the specific circumstances of the case and the driver’s prior DUI convictions. The following are the general categories for DUI offenses and their associated penalties:
- First DUI (misdemeanor): 6 months in county jail, a fine between $390 and $1,000, and a license suspension for 6 months.
- Second DUI (misdemeanor): Up to 1 year in county jail, a fine between $390 and $1,000, and a license suspension for 2 years.
- Third DUI (misdemeanor): Up to 1 year in county jail, a fine between $390 and $1,000, and a license suspension for 3 years.
- Fourth or subsequent DUI (felony): Up to 3 years in state prison, a fine between $390 and $1,000, and a license suspension for 4 years.
Please note that these penalties are for general guidance only and can vary based on specific circumstances of each case.
California DUI Law Overview
California DUI laws are complex, and we believe it is important for drivers to understand their rights. The two main DUI laws in California are:
- Vehicle Code section 23152(a): This law prohibits driving under the influence of alcohol or drugs.
- Vehicle Code section 23152(b): This law prohibits driving with a blood alcohol content of 0.08% or higher.
It is important to note that one can be charged with both offenses if the prosecution can prove impairment due to alcohol and a BAC level higher than the legal limit.
The Role of the DMV in DUI Cases
The Department of Motor Vehicles (DMV) plays a significant role in DUI cases in San Francisco and California overall. Once a person is arrested for DUI, the arresting officer will confiscate their driver’s license and issue a temporary one, which will expire in 30 days. The arrested driver has ten days from the date of their arrest to request a DMV administrative hearing to contest the license suspension.
If the driver fails to request the hearing, or if the DMV upholds the suspension, they will lose their driving privileges for the duration of the suspension period. It is crucial to work with a skilled DUI defense attorney who understands the intricacies of both the criminal proceedings and the DMV administrative process to protect your rights and driving privileges.
Choosing a Qualified San Francisco DUI Lawyer
What to Look for in a DUI Defense Attorney
When searching for a San Francisco DUI attorney, it is essential to know what qualifications to look for to ensure a strong defense in your case. A qualified DUI defense lawyer should possess the following:
- A solid understanding of DUI laws and regulations in California
- Familiarity with local courts and procedures
- A proven track record of successful DUI case outcomes
Experience and Track Record
It is crucial to choose a DUI lawyer with extensive experience handling DUI cases similar to yours. They should have experience in:
- Pre-trial negotiations: Working to reduce charges or penalties before trial
- Trial representation: Defending your case in court
- Post-trial negotiations: Working to minimize the impact of a conviction
The Importance of Experience and Trial Knowledge
A successful San Francisco DUI lawyer should have significant experience and knowledge in handling trials. This is because DUI cases often require intricate understanding of scientific evidence, traffic laws, and legal procedures. Therefore, a defense attorney with a strong trial background is crucial for representing your best interests and achieving a favorable outcome.
Board-Certification and Professional Affiliations
When selecting a DUI defense lawyer, it is important to consider their professional affiliations and certifications. A board-certified attorney has undergone a rigorous examination process, demonstrating their expertise in this specific field of law.
Professional affiliations illustrate the lawyer’s dedication to constant learning and staying up-to-date with industry trends. It is encouraged to seek an attorney who is a member of organizations such as:
- The American Bar Association (ABA)
- The National College of DUI Defense (NCDD)
Choosing a highly qualified, experienced, and reputable San Francisco DUI attorney can make all the difference in the outcome of your case. We understand the significance of these factors and strive to offer the best representation for our clients.
