DUI Lawyer South San Francisco. If you're up against a DUI in South San Francisco, it can feel overwhelming. You're being accused of a crime; you're also facing jail time, fines, and other penalties. Declining a breathalyzer or blood test on its own can result in charges, and when you refuse, you can face the same penalties as a high blood-alcohol level DUI. And while the same CA law covers DUIs involving alcohol and other drugs, the defense strategies can be wildly different.
If you're facing these types of charges in CA, you don't want to be alone. Trying to navigate the laws and the courts is a challenge nobody should have to face on their own, which is why the Law Offices of David S. Chesley is at your service.
We are California's leading DUI defense lawyers and have extensive experience defending against all types of DUI charges. When you hire us, you're getting a team of accomplished defense attorneys who know how to navigate the South San Francisco, CA, judicial system and get you the best outcome possible.
If you want to build an effective defense, you need to act now. Get a hold of us anytime, day or night, at (800) 755-5174 or send us a note online to start building your defense strategy today.
South San Francisco, CA, DUI Lawyer Traffic Stop Tips:
Traffic police are just a part of driving. It's not exciting, but knowing what to do if you are in a traffic stop can help you avoid an arrest. Here are four tips from a South San Francisco, CA, DUI Lawyer for you which can protect you from arrests and charges:
Tip #1: Have Your Documents Ready
Keep your license, insurance card, and vehicle registration together and easily accessible. If police see you fumbling as you try to gather these documents, they could think that you've been drinking. But if you don't need to search for them, you stop yourself from appearing inebriated.
Tip #2: If You or the Officer Smells Alcohol, Don't Speak
You aren't required to answer any questions if the officer says that they smell alcohol. You have the right to remain silent at all points in the legal process. Call your DUI lawyer and stay quiet until they arrive.
Tip #3: Refuse Voluntary Tests
California does not require the majority of people to participate in field sobriety tests, and in fact, you can often refuse without penalty. The two main exceptions are if you are under the age of 21, and/or if you are on probation. The officer may not like it, but they can't compel you to participate. However, you cannot legally refuse a BAC test once you are in custody, without losing your driving privileges.
Tip #4: Be Polite and Don't Argue
Resisting the police won't help — it will make things worse. This is about more than just avoiding an arrest in the short term; it also helps your defense: Any time you open your mouth, whether or not the police asked you a question, you are giving the police more evidence, which may help justify an arrest.
What Happens After a DUI Arrest in South San Francisco?
California DUI Law allows an officer to arrest you independant of your blood alcohol concentration, or even if you don't undergo any tests at all. Police officers can do this because they when they rely on other methods to tell if you are impaired, often using field sobriety tests, then make arrests based on the results.
Right after your arrest, the CA legal system will proceed with both a license suspension and criminal charges. Here's the typical process for a DUI case to make its way through the system:
- Suspension: Your license suspension can start the minute the officer arrests you – at that time, you will be given a 30-day, temporary license, and you will lose your regular license (at least for now). In the meantime, they are informing the DMV about the arrest, officially suspending your license.
- Arraignment: While under arrest, you will be brought before a judge, and a prosecutor will tell you the exact laws you're charged with breaking.
- DMV Hearing: While all of the criminal proceedings are going on, 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. Between your potential release and the trial, your South San Francisco DUI defense lawyer will laying the groundwork of your defense through motions to throw out illegal evidence, and a "blood split" motion to get a second test for your blood sample.
- Negotiations With the Prosecutor: In the midst of pretrial motions, your DUI defense lawyer will communicate with the South San Francisco district attorney to find a positive outcome for you that avoids a trial through a plea deal. But if you end up on trial in front of a judge, your attorney should be creating a defense now.
- Criminal Trial: Only a small percentage of DUI charges go to trial, but we don't count on that possibility and will be ready if it does.
- Sentencing/Sealing: Depending on how you plea or are found, you may face a punishment. However, if you are found not guilty or enough time has passed, it's possible that your record will be eligible for sealing.
Our DUI legal experts can provide guidance for any charge, on both the criminal defense and driver's license side. If you're facing a potential conviction, our team has the knowledge to guide you forward!
South San Francisco, CA, DUI Differences: Criminal Cases vs. DMV Hearings
South San Francisco, CA, DUI charges can be twice as complicated as some other charges, because of their two-sided nature: The criminal case and the fight for your license. This will always require two separate defenses, but at the Law Offices of David S. Chesley, our DUI defense lawyers will fight both.
Here are things to watch out for with both cases, and our process for defending your freedom and vehicular rights:
South San Francisco, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. And that means you'll have to go to South San Francisco, CA, court.
If you're familiar with the process of other criminal charges, DUI cases follow the same format – charges are formally filed against you, you'll probably be given bail and/or conditions of release, then your attorney will proceed with pretrial motions and negotiations. It's unlikely (but possible) that you'll reach a trial at some stage.
At the Law Offices of David S. Chesley, we build your defense and dissect the allegations. We'll challenge the legitimacy of the traffic stop, display flaws in the officer's analysis, look for faults in laboratory examinations, and look for evidence that can show you are not guilty.
If you're facing jail time in South San Francisco, CA, our attorneys can help you avoid it. For many clients, we'll negotiate a plea deal to reduce the charges, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also work out probation over jail or prison time.
South San Francisco, CA, DUI License Suspension
Meanwhile, you need to worry about the DMV and your license suspension. This suspension doesn't wait for your criminal case, and if you want 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, even if you secure a plea deal for a reduced charge, that won't (directly) affect your license suspension. Instead, the entire DMV hearing is about 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. At the Law Offices of David S. Chesley, we'll question the legitimacy of the stop, the arrest, and the BAC reading.
If the tenth day since the arrest has passed, though, the suspension is probably hear to stay. Outside of rare cases, you don't get another chance to schedule that hearing. This is why it's crucial to contact a South San Francisco DUI defense lawyer promptly after the arrest.
Punishments After a DUI Conviction in South San Francisco, CA
South San Francisco, CA, DUI criminal penalties can permanently affect your life – while some are 'just' misdemeanors, they can still result in up to a year in jail, or six months for a first offense.
In this table, you can review the different penalties you could be facing, depending on how exactly your charged and your history:
| Formal DUI 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 |
Beyond the South San Francisco, CA legal sentence collateral consequences, such as more expenses on your insurance and impacts on your employment.
DUIs and Immigration
DUI immigration consequences can be incredibly serious. If this is the first time you've been accused of driving under the influence, you probably won't face removal proceedings. The bad news is that if certain circumstances apply, like DUIs causing injury or repeat offenses, you can qualify for deportation. What's worse, if H.R.875 passes, any DUI conviction will qualify an immigrant for deportation. If you are currently applying to become a U.S. citizen, even if you aren't deported, it can count against your "good moral character," which you need to establish before becoming a citizen.
Whether you are an immigrant citizen, are here on a work visa, or are anywhere in between, a South San Francisco, CA, immigration lawyer can help you navigate the situation. At the Law Offices of David S. Chesley, we know that you need someone who has knowledge of both immigration and criminal law. We have both: We'll explore diversion programs that can protect you from a conviction, fight to keep you in the country, and guide you through your citizenship application.
After the Case: Expungement/Sealing
Whatever happens in the court case, you'll probably be looking to move on as soon as possible. The bad news is that your arrest and/or criminal record can cause some major issues for your life. Depending on your case outcome, you may be eligible to either expunge or seal your records. A South San Francisco, CA, DUI defense lawyer can help you with these processes, and give you an opportunity to clean your record.
Important Qualities You Need in a South San Francisco, CA DUI Attorney
Up against DUI charges? It's essential to pick the right lawyer to represent you. Your team needs the talent, experience, and connections to secure a positive outcome for your case. When you speak with South San Francisco, CA, DUI attorneys about your case, ask them about the following:
- Experience: Ideally from multiple sides of the legal system. At the Law Offices of David S. Chesley, you get a team that has former judges, prosecutors, and police, totalling more than five decades of experience handling cases.
- Availability: You should be able to get help fast, whenever you need it. Our phones are ready for your call 24/7.
- Relationships: You need connections to get a good plea deal. We have experience working with the prosecutors in South San Francisco and all throughout CA.
- Reputation: If your lawyer is known for successfully fighting DUI charges, that is a major positive. The Law Offices of David S. Chesley is proud to have received top ratings from several legal evaluators 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. And we'd be proud to represent you as well.
DUI Case Types We Fight in South San Francisco
Whatever type of DUI charge you need help with in South San Francisco, CA – all of our DUI defense attorneys are prepared to defend you against the charges.
Below are some of the DUI cases we regularly 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 South San Francisco, CA
Whatever type of charge you're facing, our South San Francisco, CA, DUI attorneys can help you fight it. While there are many effective legal strategies available, picking the right one can make all the difference.
Contest the Legitimacy of the Arrest
If the arresting officer failed to obey the rules for investigating a DUI, you might be able to secure a dismissal of the charges. This defense could be used if, for example, the police officer did not properly calibrate the breathalyzer before administering the test, that evidence is 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. Our team will investigate any possible errors that were made when you took the test, retest in some cases, using a "blood-split" motion, and analyze the state's case to see if there was an error made in how your evidence was processed.
Challenge Field Sobriety Tests
Field sobriety tests, like 'one-leg stand,' are a normal part of the process when police are evaluating if someone is driving intoxicated or not. But these tests are subjective. Your local DUI lawyer will inspect any records of the test and look for expert analysis that will show your performance in a more favorable light.
Explain BAC With Medical Conditions
Perhaps the officer properly conducted a breathalyzer test, and your BAC was over the legal limit. This may sound bad, but our lawyers have more defense strategies we can pull from. If you have a respiratory ailment, or another medical condition, that could impact how the breathalyzer measures your BAC, we will use that as a part of your defense.
Don't Wait – Contact Our South San Francisco DUI Defense Lawyers TODAY
After a DUI arrest, it can feel like you don't even have time to think. Your license is suspended, law enforcement might try to do additional tests, you're informed of a court date…it's easy to be overwhelmed. What you need to do is contact a DUI defense lawyer now.
Don't wait for the prosecution to build a case against you. Don't let your license go without a fight. Don't try to handle it on your own. Hire the Law Offices of David S. Chesley to represent you.
We're experts at defending all South San Francisco, CA DUI charges. We're standing by to answer your call today and will work on a strategy to defend your license and your freedom right away. Speak with a lawyer now at (800) 755-5174 or get in touch online for a free consultation.
We also provide the following legal services in South San Francisco, CA:
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