DUI Lawyer San Francisco

As per the California Vehicle Code, a driver cannot have a blood alcohol concentration of 0.08% or more while driving. Drinking and driving with a blood alcohol concentration of over 80mg of alcohol per 100ml of blood is a punishable offense. It is a criminal offense and hence dealt with severe punishments. The BAC between 0.05% and 0.08% is the caution phase. BAC less than 0.05% is safe. BAC beyond 0.1% is alarming and an immediate fail in a breathalyzer test. Underage drinking is prohibited in the state of California. The BAC for drivers aged less than twenty one years is 0.01%. Even the minutest trace of alcohol in their system is a criminal offense.

DUI blood alcohol level

Your driving license will be confiscated and you will have thirty days to challenge the suspension at a DMV hearing. If you fail to defend yourself, your license will be cancelled. An arrest is followed up with filing of charges and you will have to face trial unless you appoint a DUI lawyer in San Francisco to present your defense and get the case dismissed or the DUI offense reduced.

Arrested for DUI

Section 23152 of the California Vehicle Code deals with driving under influence, drinking and driving and impaired driving. The law is not limited to driving a car but also a motorcycle and any automobile or vessel, including boats, trains and aircrafts. The law also covers impaired assistants of drivers or anyone under influence having any role in operating a vehicle or vessel.

San Francisco DUI Laws

Anyone convicted of DUI in California will have their license suspended. There will be a fine and possible jail term, probation and additional penalties. The court may mandate a rehab program or drinking and driving school. There may be community service. Installation of ignition interlock device is also mandated for most offenders.

Here are the minimum DUI penalties in San Francisco:

• First time offenders get license suspended for six months, probation for three years, a maximum of a thousand dollars as fine and ignition interlock device installation in all vehicles owned and operated by offender for a period of five months.
• Second time offenders get license suspended for twenty four months, probation for three years, a maximum of a thousand dollars as fine, ignition interlock device installation in all vehicles owned and operated by offender for a period of twelve months and jail term of up to a year.
• Third time and subsequent offenders get license suspended for thirty six months, probation for five years, a maximum of a thousand dollars as fine, ignition interlock device installation in all vehicles owned and operated by offender for a period of two years and jail term of up to a year.

There could be additional fines for any accident or damage to property, if any bodily injury was caused and worse if there was any fatality. The jail term can be extended for third time and repeat offenders. The probation is usually longer for repeat offenders. Severe cases may lead to permanent license suspension.
 

San Francisco DUI Penalties

There are short term and far-reaching consequences of DUI in San Francisco following conviction. The common consequences of drinking and driving, impaired driving or driving under influence are the following:

• There will be a suspension of license and possible cancellation of license.
• Vehicle can be impounded.
• Monetary penalty includes administrative costs and possible lawsuits filed by those injured or harmed.
• Those guilty have to attending a treatment or education program.
• There is a criminal record that may or may not get expunged.
• There may be a jail term, probation for up to five years or longer if violated and installation of breathalyzer in car, vehicle or vessel.

Consequences of Drinking and Driving

The law enforcement can make mistakes. The arresting officer may commit errors during the entire process. There may be more than one error or flaw that can be used by an astute DUI lawyer in San Francisco to get the charges dismissed or reduced:

• The legality of a checkpoint stop for driving under influence can be disputed.
• Mouth alcohol is a potential and sustainable defense in many cases.
• Medical grounds such as hiatal hernia, acid reflux and GERD are used as defense.
• Low carbohydrate diets or ketosis due to diabetes is an acceptable defense.
• Violations of Title 17 can be cited.
• A case of bad driving can be established, thus negating possibility of driving under influence.
• Radio frequency interference is a useful defense.
• It can be established that the accused was not driving at the time of the stop and arrest.
• Mental impairment can be disputed and reasonable doubt can be established.
• The probable cause for a stop and subsequent testing can be proved to be insufficient.
• The suspicion of driving under influence can be refuted.
• Field sobriety tests and their findings can be challenged.
• Blood alcohol concentration in the breath test result can be disputed.
• Blood tests and the findings can be proven to be inconclusive.
• The legality of the whole process of arrest can be questioned.
• Failure of the arresting officer to read the Miranda Rights is an effective defense.
• Any kind of racial profiling and other types of misconduct can be cited.
• Increasing blood alcohol content is a legally admissible argument.
• Lack of implied consent warning is also considered in relevant cases.

How To Beat a DUI

If you are wondering what your DUI lawyer cost will be, it is important to keep in mind that the cost of defending your case will depend on some factors. Firstly, the number of days the trial requires is an important element to determining the final cost. However, you don’t need to worry since a trial lasts only a few days in an impaired driving case. Secondly, the amount of disclosure in your case such as the number of witnesses, expert reports, etc., will also matter. Thirdly, the amount of time your lawyer will have to devote to the case is another factor. Fourthly, the cost will also depend on whether you are hiring a private investigator, a toxicologist or another expert.

Cost of a DUI Lawyer

A deft defense lawyer will always try to get you out of a DUI charge without the need to go to trial. Specialized attorneys can find flaws in the cases they take up and cite that the evidence is insufficient to establish guilt. Our DUI lawyers investigate procedural lapses and use such illegality or clear violation of the stated law to dispute the manner in which accused is arrested, charged and treated. The prosecutor can be convinced that the case will get countered at trial and securing a conviction is elusive. These lapses, errors, mistakes or flaws can be used by the defense and you can quickly get out of a DUI charge. Below are two usual defense strategies employed to get out of a DUI:
 
A DUI defense lawyer highlights flaws, effectively making the entire case unsustainable for a prosecutor to prove the charges at a trial to secure a conviction.
 
A DUI trial lawyer gets the prosecutor to agree to a reduction in charge and accept a plea bargain. This can shorten the trial is shorter and lead to an anticipated or agreed upon sentence.

How To Get Out of a DUI

When there are flaws in the findings of the prosecutor, procedural lapses due to inefficiency of the arresting officer and other disputes, getting a DUI dismissed is easy and quick. All you need is a good defense lawyer in San Francisco. It is also possible to get a DUI dismissed if the prosecution has a relatively strong case. You need an astute lawyer representing you.

Chances of Getting a DUI Dismissed

You can get a DUI dropped if you can find some flaws in the case being prepared by the prosecution. No prosecutor wants to present a flawed case or claims that will get effectively refuted at trial. Our lawyers can get a DUI dropped by highlighting the flaws, agreeing to a reduced charge or entering into a plea bargain. We can convince the prosecution that they are not going to win if it comes to a trial.

How To Get DUI Charges Dropped

DUI charges get reduced more often than frequent. The arresting officers make mistakes, the results of various tests are not always sufficient or conclusive, there are borderline findings that can be disputed, the right processes are often not followed and the very premise leading to the checkpoint or arrest is often unfounded and gets quashed at a trial.

How To Reduce DUI Charges

The ideal DUI defense tactic is to counter the technical evidence and use legal grounds like violation of constitutional rights, cite procedural lapses during the checkpoint or abrupt stop and subsequent arrest, question the methods used and employ other means to derail the narrative of the prosecution. What you say in court depends entirely on how your defense is prepared. The case may not even go to court if the prosecution agrees to a plea bargain or just gets all the charges dropped due to effective defense. There are many ways to convince the prosecutor to drop DUI charges or agree to a reduced charge. Here are some common arguments:

• Defense can establish the illegality of a checkpoint stop and hence the subsequent arrest.
• Violations of Title 17 are acceptable grounds for the charges to be dismissed.
• It can be established that the defendant was not driving.
• The suspicion leading to the checkpoint stop can be questioned and disputed.
• Test results can be questioned and proven to be flawed or inconclusive.
• Blood alcohol concentration may be questioned.
• It can be asserted that the arresting officer did not read the Miranda Rights to the defendant.

DUI Defense Strategies

The chances of winning a DUI trial are quite high due to the plethora of defense tactics available at your disposal. All you need is a reliable lawyer who knows the full ambit of the law and is an expert at all possible and hitherto unused defense tactics. Many DUI cases go to trial and there are substantial convictions but there are innumerable acquittals too.

Chances of Winning a DUI Trial

Our DUI defense lawyer will find the flaws in the case of the prosecution to get your charges dismissed. If not, then the prosecution can get the charges reduced in exchange of a plea bargain wherein you may plead guilty but of a lesser crime. A prosecutor will often agree to this if there is insufficient evidence or questionable circumstances leading to the arrest and subsequent processes. It is also possible to enter a plea bargain with no contest to get the charges reduced so the sentence is lenient. A plea bargain can lead to a reduction of charge from felony to misdemeanor, from driving under influence to just speeding or reckless driving and from a wet impairment to dry negligent driving. A plea bargain also allows the defendant to know the quantum of the sentence.

How To Get a DUI Plea Bargain

There are many strategies to defend against driving under influence charges. There cannot be a generic approach. The facts of the case will determine the relevance of every proven strategy. The best DUI lawyers in San Francisco will not only rely on proven tactics but also come up with new ways to defend you. This is why it is imperative to have the best lawyers by your side, whether you want to fight a DUI before a trial or in the court. Even if you want a plea bargain or that seems to be the best way out, it should be contemplated upon seriously so the strategy works to the desired effect.
 

How To Fight a DUI Charge

Ignition Interlock Device Cost

The verdict will spell out the specific terms of attending a drinking and driving program. This is not always mandated by the court. In case it is, you will have to attend one of the licensed DUI schools. You may have to attend the approved program for a minimum of twelve hours up to two years. Completing the program will qualify you to get the license restored.

Driving license is restored in:

• Six months after sentencing for first time offenders.
• Two years for second time offenders.
• Three years for third time or repeat offenders.

 
First time offenders usually qualify for a restricted license so they can travel to and from the drinking and driving program, work or school and other necessary places subject to the approval of the court.

Attending DUI Classes

An alcohol breathalyzer or ignition interlock device should be installed in the vehicle or car for a mandated period of time. It can be up to five months for first time offenders, up to a year for second time offenders and up to two years for third time offenders. Repeat offenders may have their license suspended for life so an alcohol breathalyzer may not be mandated.
 

Alcohol Breathalyzer Installation

You should contact and appoint a DUI defense attorney in San Francisco immediately after getting caught drinking and driving. Appropriate legal counsel and representation is imperative to defend against the criminal charges of driving under influence in San Francisco, California.

Drinking Alcohol and Driving

An arresting officer can stop a vehicle if there is reason to suspect the driver is drinking and driving, impaired while driving or driving under the influence of alcohol, marijuana, drugs or other intoxicating substances. A breathalyzer test is conducted followed by a blood or urine test, could be both. The test results are used as evidence to arrest and file the charges. Additional charges may be filed depending on the incidences. The license is confiscated and a temporary one is issued. The accused can seek legal counsel immediately. That is what you should do. Give us a call and you will have the best DUI defense lawyer in San Francisco representing you straightaway.

DUI Arrest Process