DUI Blog

San Francisco drivers who have been arrested for a DUI in California should contact a San Francisco DUI lawyer. It is unlawful for drivers to operate a motor vehicle if they are under the influence of drugs or alcohol or if their BAC or blood alcohol concentration is 0.08% or higher. A San Francisco DUI attorney can review the driver’s DUI case and take immediate action to either help get the DUI charges dismissed or lowered.

San Francisco drivers who are convicted of DUI may face penalties including:

• Jail time

• Large penalties and fines

• Suspended or revoked driver’s license

• Increased San Francisco car insurance premiums

• Installation of an Ignition Interlock Device

• Probation

Waiting to contact a DUI attorney in San Francisco is a mistake. Many San Francisco drivers assume it is best to plead guilty or no contest especially if it is their first DUI arrest, and under certain circumstances this may be the best choice, but it is always a good idea to consult with a DUI criminal defense attorney to make sure the driver understands DUI laws and how a DUI conviction can affect their life. Most San Francisco lawyers offer a free consultation to discuss a DUI arrest. DUI convictions in the state of California can be a part of a driver’s driving record for at least 7 years. Talk to a DUI lawyer today for more information about your DUI arrest.

San Francisco DUI penalties

San Francisco drivers can be arrested for DUI if the courts find they were “unable to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances” or if their BAC was 0.08 or higher. If a San Francisco driver is arrested, the penalties for DUI are as follows:

First DUI Conviction in San Francisco

• Required to serve a jail term for at least 48 hours

• Required to pay fines from $1,400 to $1,800- DUI fines must be either financed or paid with in 45 days. The court may allow the driver to perform community service instead of jail time.

• Mandatory drug or alcohol program for 3 to 6 months

• License suspension for at least 10 months, a restricted license may be allowed to attend school or go to work

• Required probation of 3 to 5 years

Second DUI Conviction in San Francisco

• Required jail term for a least of 96 hours

• Mandatory attendance in a program for drug or alcohol abuse

• Required to serve probation for 3 to 5 years

• Required to pay $1800 – $2800 in fines and penalties

• Required 18 month driver’s license suspension, the court may allow drivers to apply for a restricted license but not before the license is suspended for at least 12 months

Third DUI Conviction in San Francisco

• Mandatory probation for 3 to 5 years

• Required jail term for at least 120 days

• Required to pay penalties of $1800-2800 in fines and penalties

• Mandatory driver’s license suspension for 18 months up to 3 years

• The court also may require a driver to install an Ignition Interlock Device

A DUI arrest in San Francisco is not like other moving traffic violations. Penalties can be very severe. If a driver has multiple DUI arrests or if they have severely injured or killed another person, they could be charged with a felony DUI and spend years in prison. California DUI attorneys can help. Find a DUI lawyer who is knowledgeable about San Francisco DUI laws and can help review your DUI arrest and either negotiate a reduced sentence or get the DUI charges dismissed. Obviously, no DUI lawyer can guarantee a dismissal, but a San Francisco lawyer can give you a strong voice in a busy, over-crowded DUI court system.

Find a San Francisco criminal defense attorney who has experience handling San Francisco DUI cases. If you have been charged with DUI in San Francisco you need a focused lawyer who specializes in DUI charges. A San Francisco DUI lawyer can be a strong advocate for you through out the DUI legal process.

Defending DUI charges in California can mean the difference between jail time and going home. With DUI (and in some states DWI), you can also expect fines, loss of license, and other charges if you hurt someone while driving.

One of the toughest things to fight can be a DUI charge in California. So how do you do it? The best solution for legal problems is to hire a professional lawyer in your area who knows the laws. This guide highlights how you can defend yourself, but this is only in addition to your DUI lawyer. If you cannot afford a professional lawyer, ask the judge to appoint you one.

Advantages of Mounting a Defense for DUI
Mounting a defense does more than fight charges: it also helps you persuade the prosecution to drop or reduce DUI charges. You might also, as stated, keep your license, avoid fines, and have the potential to be acquitted after a trial. The better your defense, the better your chances of negotiations and acquittal.

What the Prosecution Does in DUI Cases
In a California DUI case, the prosecution will be trying to prove the defendant drove the vehicle while at the same time being intoxicated. You drank ten beers, got in the car, and drove down the road. The prosecutions case will simply be based on a scenario like that.

Opportunities for Defense against DUI Charges
The actual defense for California DUI charges can vary. Usually your lawyer will come up with a clear plan and present it to you, then the court, and either negotiate or go for an acquittal.

One common defense used by DUI attorneys is that you weren’t driving. In most cases, you get pulled over, a cop gives you a test, and if you rate a 0.08% or higher blood alcohol level, you get arrested. The defense rarely can work if you were actually driving the car down a highway, but if you were just sitting in the car behind the wheel and had been drinking, you have an opportunity.

One more common defense is that the officer who charged you with a DUI actually had no reason to pull you over. Or, in some cases the defense will be the officer did not follow correct legal procedures during the arrest. In these cases, the arrest may be suspect and you might get a complete acquittal, because the prosecution has no more case.

There are many other strong defenses, but the probable cause alluded to earlier, where the officer had no reason to pull you over and arrest you, is one of the best. Here, the officer did not follow proper procedure, and again the charges might be dropped.

Hiring a California DUI Lawyer
There are many other defenses which have pages of detail, but your best choice is to hire professional legal counsel, a California DUI lawyer, to handle the case. There are a variety of other defenses, and even the ones mentioned have more details involved. Hiring a California DUI lawyer can, more often than not, result in lesser charges if not dropped charges.

The Associated Press reports that Adrian Pasdar, who plays Nathan Petrelli on NBC’s “Heroes,” was arrested early this morning on The 405 freeway in Los Angeles.

According to the report, his F-150 was straddling two lanes and traveling at 94 mph when California Highway Patrol pulled him over just before 3 am.

Los Angeles County Sheriff’s Department says that he was released at around 8:30 am on $15,000 bail.

Pasdar is married to Dixie Chicks singer Natalie Maines.

Technically, DUI means driving under the influence of some type drug. That can mean alcohol, prescriptions, or illegal drugs. DWI means simply driving while intoxicated, and in many states, refers to the use of alcohol. The use of the terms can be interchangeable but DWI usually refers more to the severity the drug has metabolized within the offending person’s body.

California DUI / DWI arrests trigger two separate cases: In court, and at the Department of Motor Vehicles (DMV). Concerning the DMV case, time is of the essence in responding to the Department concerning the charges against you. Your driver’s license will automatically be suspended if the accused does not request a DMV hearing before the 11th day after being accused. The criminal case filed against California DUI / DWI defendants consists of two different statutes:

The first count, CVC section 23252 (a) focuses on whether the driver was under the influence of alcohol or drugs to the extent that they are “unable to drive their car with the same caution characteristic of a sober person, of ordinary prudence, under the same or similar circumstances.” This is the legal standard for being considered under the influence of alcohol or “DUI” in California courts.

The second count, known as the “per se” charge and CVC section 23252 (b), concentrates on whether the driver’s blood alcohol content (BAC) was .08 percent or greater. Whether the motorist seemed to be driving perfectly before the traffic stop or performed with textbook precision doesn’t matter with this count. It is a charge that is based purely on body chemistry.

Convictions for first time defendants can include heavy fines, jail sentences, license suspension, vehicle impounded, ignition interlock device, DUI school, probation, and community service.

According to the August 05, 2009 /24-7PressRelease/ -2009 Changes to California’s DUI Laws, “Each year, the state’s drunk driving laws get tougher and the punishments more severe. 2009 was no exception. The legislature passed a zero tolerance law for DUI offenders on probation, decreased the blood alcohol content (BAC) level needed to trigger the use of ignition interlock devices and made DUI programs mandatory for those on probation for a “wet reckless” driving charge.” The same clamp down effects every California driver whether you live in Los Angeles, Long Beach, San Jose, San Francisco, Sacramento, Oakland, San Diego, Fresno, Bakersfield, Stockton, or Orange County.

Whatever term you refer to drinking and driving or drunk driving, states are clamping down on these type traffic violations. When you face these kinds of charges, it is no time to handle your case all by yourself. You may need an attorney to help protect your rights. Contact DUIAttorneyHome.com to help you get in contact with a DUI lawyer who can help you understand the subtle differences in the legal jargon of California law

Driving under the influence (DUI), the legal term most commonly used to describe the offense of drunk driving, has been attributed by the National Highway Traffic Safety Administration (NHTSA) of causing 15,387 of the 41,059 deaths by automobile accidents occurring in 2007. The figure represents 37 percent of the total fatal traffic accidents throughout the United States. The NHTSA says, “A motor vehicle crash is considered to be alcohol-related if at least one driver involved in the crash is determined to have had a blood alcohol concentration (BAC) of .01 gram per deciliter (g/dL) or higher. Thus, any fatality that occurs in an alcohol-related crash is considered an alcohol-related fatality.”

In 2007, in the state of California, there were 1,509 deaths attributed to alcohol which represented 36% of the total that were considered traffic-related fatalities. Non-fatal DUI caused accident statistics are even more startling than the fatality statistics, and they include numerous disabling injuries that have occurred all across our land including places like San Francisco, San Mateo, Oakland, and Marin, California.

It is true what some say, it does not pay to drink and drive. With these startling statistics, is there any wonder states are cracking down on the people who drive while drinking? Across the nation, depending on the severity of the traffic violation and including the consideration of a fatality, convictions for drinking and driving can be considered a misdemeanor or a felony, and they can bring a multitude of harsh punishments. With a conviction, a person’s record could permanently brand him or her as a life time criminal. The record is often made public to employers and insurance companies.

Traffic laws have been made to protect the innocent because there usually is an innocent party in most traffic accidents. So, if you are facing a DUI related accident in California and have been hurt, disabled, or had a fatality of one of your family members as a result, and you feel like you are the innocent party involved, these types of accidents are too serious and complicated for the average layman to handle by themselves. You may need a legal professional to help advise you on what to do and how to protect yourself. Contact us right now at DUIAttorneyHome.com, and we will help you find an attorney in the area where you live that can help you with your case.