DUI Lawyer San Francisco. If convicted, a DUI can permanently change your life for the worse. You're not just facing the loss of your license; you're also facing jail time, fines, and other penalties. In California, you're required to participate in DUI tests if you're driving. Refusal to do so is another crime, and in some cases, refusing can give you even worse penalties. And there are differences in DUI alcohol versus DUI marijuana cases, or other drugs.
If you've been accused of a DUI in San Francisco, CA, you should consult with an expert to find your best path forward. Trying to stand up for yourself against the prosecution is a battle you need a team behind you for, which is why the Law Offices of David S. Chesley is ready to stand by your side.
We are California's top DUI defense lawyers and have over 50 years of combined courtroom experience. When you retain us, you're getting a team of former prosecutors who know how to fight for you in the San Francisco, CA, legal system and provide paths to positive outcomes.
While you're hesitating, the odds are stacking up against you. Talk to a lawyer today at (800) 755-5174 or send us a note online to start building your case's defense today.
San Francisco, CA, DUI Lawyer Traffic Stop Tips:
Nobody gets excited when they see red and blue flashing lights behind them, but knowing how to handle the situation is important for all San Francisco, CA, residents. Below are four tips from a San Francisco, CA, DUI Lawyer for you which can protect you from arrests and charges:
Tip #1: Have Your Documents Ready
It's normal to be nervous after being pulled over and asked for your ID, registration, and insurance. With an officer staring you down, asking for documents you may not have had to touch in months, it's easy to get flustered. When you're already prepared to give them to the officer, you stop yourself from appearing inebriated.
Tip #2: Don't Talk If Alcohol Is Smelled
You aren't required to answer any questions if the officer says that they smell alcohol. You have the right to remain silent during any form of questioning. Don't talk without an attorney present.
Tip #3: Don't Automatically Consent to Tests
The state of California only legally requires drivers to participate in field sobriety tests if they are either under the age of 21, or are on probation. Refusing won't force the officer to let you go, but on its own, there aren't any penalties for refusing. However, California does require individuals to participate in in blood and breath tests after they've been arrested, and refusing in these circumstances will lead to an automatic license suspension.
Tip #4: Respect the Law Enforcement Officer
Resisting the police won't improve your case — it will make things worse. This isn't just something you're doing out of courtesy, though; it also benefits your defense: When you resist or act disrespectfully, you are giving the police more evidence, which can be used against you.
What Happens After a DUI Arrest in San Francisco?
California DUI Law allows an officer to arrest you even if you BAC is below .08, or even if you don't blow at all. This is because the officer can make a subjective judgment about whether you are impaired or not, often using field sobriety tests, then make arrests based on how you do.
If you've been placed under arrest, the CA legal system automatically begins the process for both a license suspension and criminal charges. After the arrest, be prepared for the following:
- Suspension: Your license suspension can start the minute the officer arrests you – on the spot, you will be given a 30-day, temporary license, and your actual license will be taken. Meanwhile, they are ensuring that the arrest is added to your DMV record, at which point, you're officially facing a license suspension.
- Arraignment: At some point when you're in jail, you will go to court, and a prosecutor will announce what charges you're up against.
- DMV Hearing: Independant of the criminal charge process, you'll have 10 days after the arrest to contact the DMV for a hearing.
- Pretrial Motions: It's possible to be held in jail before your trial, but that's not very likely in DUI cases. Meanwhile, your San Francisco DUI defense lawyer will file motions to strengthen your defense, such as ones to suppress evidence, and a "blood split" motion to reexamine your blood sample.
- Negotiations With the Prosecutor: Inbetween pretrial motions, your DUI defense attorney will contact the San Francisco prosecutor to present you with plea deal offers that could protect your freedom. But if you do have to fight the charges in a trial, your attorney should be building a defense now.
- Criminal Trial: Outside of extraordinary circumstances, it's rare for a DUI case to go to trial, but if it reaches that point, we'll have a staunch defense ready for you.
- Sentencing/Sealing: Depending on how your case proceeds, you may face consequences. However, if you are found not guilty or enough time has passed, you can explore record clearing options with our lawyers.
Our DUI legal experts can help you with any step of the legal process, on both the criminal defense and license side. Whether you've just been arrested or are on the eve of your trial (or anywhere in-between), our team has the knowledge to guide you forward!
San Francisco DUI Allegations and Criminal Cases vs. DMV Hearings
San Francisco, CA, DUI charges require particular expertise because there are two sides that each need to be defended: The criminal case and the license suspension. In CA, these are always two separate processes, but at the Law Offices of David S. Chesley, our DUI defense lawyers will fight both.
Here are important factors for both case types, and insights into how we protect your freedom and driving privileges:
San Francisco, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. And that means you'll have to go to San Francisco, CA, court.
The general court process is the same as any other criminal case – after being formally told what crime you're being charged with, you'll likely be given terms of release and undergo pretrial procedures such as filing motions. As we mentioned above, trials are rare in DUI cases, but it is possible for them to reach that stage.
At the Law Offices of David S. Chesley, we protect your rights and attack the allegations. We'll question whether or not the traffic stop was legitimate, poke holes in the subjective analysis of the officer, look for weaknesses in the breathalyzer test, and see if there's anything the police missed that can tell a different story.
We have an extremely strong track record of clients who have avoided jail time in San Francisco, CA. In many cases, we'll contact the district attorney on their behalf and negotiate a charge reduction, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also avoid jail time with a probation sentence.
San Francisco, CA, DUI License Suspension
Meanwhile, you need to worry about the DMV and your license suspension. This suspension goes into effect regardless of where you're at in the criminal process, and in order to fight it, you'll need to request an administrative hearing within ten days of being arrested.
When you go through the DMV hearing, your criminal charges may not be a major focus. In fact, your license can still be suspended even if you do not receive a criminal conviction. Instead, the outcome of the DMV hearing hinges on whether or not you were lawfully arrested, if your BAC was at or above 0.08, the legal limit, or, if you refused alcohol tests, whether or not you were properly informed of the consequences. When you work with a San Francisco, CA, DUI lawyer from our firm, we'll question the legitimacy of the stop, the arrest, and the BAC reading.
If the tenth day since the arrest has passed, though, you're out of options. Outside of rare cases, you don't get another chance to set up that hearing. This is why it's vital to contact a San Francisco DUI defense lawyer without delay after an arrest.
Punishments After a DUI Conviction in San Francisco, CA
San Francisco, CA, DUI criminal penalties can be harsh – even for the ones considered misdemeanors, you could still be sentenced to a year in jail, or six months for a first offense.
Below, we've listed the different penalties you could be fighting against, depending on the circumstances of the alleged offense:
| DUI Criminal Charge | Jail/Prison Time | Fine |
|---|---|---|
| First Time DUI | 48 Hours to 6 Months | Up to $1,000 |
| Second Time DUI | 96 Hours to 1 Year | Up to $1,000 |
| Third Time DUI | 120 Days to 1 Year | Up to $1,000 |
| Fourth Time DUI (Felony) | 16 Months to 3 Years | Up to $1,000 |
| DUI Injury (Misdemeanor) | Up to 1 Year | Up to $1,000 |
| DUI Injury (Felony) | Up to 4 Years | Up to $5,000 |
| DUI Manslaughter (Misdemeanor) | Up to 1 Year | Up to $1,000 |
| DUI Manslaughter (Felony) | 4, 6 or 10 Years | Up to $10,000 |
In addition to any criminal sentence in San Francisco, CA, you're also facing collateral consequences, such as rising insurance rates and roadblocks when applying for professional licenses.
DUIs and Immigration
DUI immigration consequences can be devastating. If this is your first DUI, the good news is that you will likely be able to stay in the country. The bad news is that if you have faced DUI charges before, you can qualify for deportation. What's worse, if H.R.875 passes, any DUI will become grounds for deportation. For individuals working on the naturalization process, even if you aren't deported, it will hurt your application chances, especially for repeat or aggravated offenses.
A DUI accusation doesn't have to end your time in the United States. You can get help from your San Francisco, CA, immigration lawyer. At the Law Offices of David S. Chesley, we don't stop at just defending you against the criminal charge: We'll explore diversion programs and plea deals that can keep a DUI off your record, defend you against efforts to expel you from the country, and guide you through your citizenship application.
After the Case: Expungement/Sealing
After the case, regardless of the outcome, odds are, you'll want to leave it in the past and move forward with your life. It doesn't take long to realize, though, that your arrest and/or criminal record can cause some major issues for your life. Depending on your case outcome, it might be possible to either expunge or seal your records. A San Francisco, CA, DUI defense lawyer from the Law Offices of David S. Chesley can also assist with this process, and give you an opportunity to clean your record.
When You're Picking a San Francisco, CA, DUI Lawyer, Consider These Factors
When you're facing DUI charges, it's vital to pick the right lawyer to represent you. Your team needs the expertise, experience, and ties to secure a positive outcome for your case. When you speak with San Francisco, CA, DUI attorneys about your case, ask them about the following:
- Experience: As defense attorneys, and also prosecutors. At the Law Offices of David S. Chesley, our team includes former judges, district attorneys, and law enforcement, totalling over 50 years of experience.
- Availability: You shouldn't need to wait till 9 AM on Monday to contact an attorney. Our lines are never off, and you can contact us 24/7.
- Relationships: When your lawyer knows the district attorney you're up against, they'll use that to your advantage. Our team will leverage our connections with the prosecutors in San Francisco and all throughout CA.
- Reputation: If your lawyer is known for successfully fighting DUI charges, that is a major positive. We are proud of our reputation with former clients and to be recognized as the top DUI lawyer in California.
- Track Record of Success: You want to work with an attorney who has successfully fought DUI charges in the past. We have. In fact, 95% of our DUI cases result in no jail time.
Our recent DUI Case results speak for themselves. With us, you can take advantage of a team that knows how to secure positive outcomes for our clients.
DUI Case Types We Take On in San Francisco
Criminal and administrative, whatever type of DUI charges you're fighting in San Francisco, CA – your DUI defense lawyer from our team prepared stand by you against the charges.
Here is a list of the DUI cases we typically defend:
- Boating Under the Influence
- Breathalyzer Test
- Commercial Driver CDL DUI
- Disorderly Conduct
- Disturbing the Peace
- DMV Hearing Defense
- Driving with a Suspended License
- Driving Without a License
- Driving Without Insurance
- Drug DUI
- Drunk in Public
- DUI Alcohol
- DUI Accident Defense
- DUI and Professional Licenses in California
- DUI Blood Test Defense
- DUI Causing Injury
- DUI Checkpoint Defense Attorney
- DUI Defense Costs
- DUI Expungement in California
- DUI Immigration Consequences
- DUI in Construction Zones and School Zones
- DUI License Reinstatement
- DUI Probation Violation
- DUI Process – What to Expect
- DUI Marijuana
- DUI Prescription Drugs
- DUI Refusal Cases
- DUI Trial – Jury Trial Defense
- DUI Penalties
- DUI with Child Passenger
- Evasion
- Exhibition of Speed
- Felony DUI
- Field Sobriety Tests
- First-Time DUI
- Fourth DUI Felony Escalation
- Hit and Run
- Hit and Run DUI
- Hit and Run with Injury or Death
- Ignition Interlock Device Violations
- Illegal Traffic Stop – Probable Cause Defense
- Medical Conditions as a Defense to DUI
- Misdemeanor vs Felony DUI Overview
- Mouth Alcohol Defense to DUI
- Out-of-State DUI
- Public Intoxication
- Reckless Driving
- Rising Blood Alcohol Defense
- Street Racing
- Second Time DUI
- Third DUI California
- Title 17 Violation of Breath and Blood Test Procedures Defense
- Underage DUI
- Watson Murder / DUI Murder
- Wet Reckless
DUI Defense Strategies in San Francisco, CA
Every DUI case needs a defensive strategy, and our San Francisco, CA DUI defense lawyers are here to help you find the right one. While there are many effective legal strategies available, picking the right one can make all the difference.
Challenge the Legitimacy of the Traffic Stop
If the officer didn't have probable cause to pull you over, or made an error when interviewing you, we can argue for your case to be dismissed. This defense could be used if, for example, the police officer pulled you over without probable cause, the entire traffic stop could be made invalid.
Flaws in BAC Tests
Chemical tests that measure the amount of alcohol in your blood, breath, or urine are strong evidence, but are not infallible. We will highlight the ways that these tests can give false readings, re-examine the evidence to look for alternate explanations, and find any other mistakes law enforcement made that could exonerate you.
Challenge Field Sobriety Tests
Field sobriety tests, like 'horizontal gaze nystagmus,' are a typical part of any traffic stop that turns into a DUI investigation. But you can still challenge them – they are not ironclad proof of guilt. Our attorneys will review the footage and point out situations where law enforcement unfairly failed our clients on these tests.
Explain BAC With Medical Conditions
Maybe there were no mistakes with your blood, breath, or urine test, and your BAC was .08 or higher. While this is can be difficult to overcome, our lawyers have more defense strategies we can pull from. If you have a medical condition like diabetes, we can use that to help provide an alternate explanation to elevated BAC levels.
Start Your Defense Today – Call Our San Francisco DUI Defense Lawyers AS SOON AS POSSIBLE
When you're up against San Francisco DUI charges, things move pretty fast. Your license disappears, there could be interrogations, you're assigned a court date…it's easy to feel like there's no way forward. To fight through the allegations, your first step is to get in touch with aSan Francisco, CA, DUI attorney as soon as possible.
Don't let the state decide how your case will go. Don't lose your license because you missed the DMV hearing window. Don't just sit idly by while everything collapses. Hire the Law Offices of David S. Chesley to defend you.
We're experts at defending all San Francisco, CA DUI charges. We're standing by to answer your call now and will start protecting your driving privileges and your freedom immediately. Reach out to us now at (800) 755-5174 or tell us about your case online for a no strings attached consultation.
We also provide the following legal services in San Francisco, CA:
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