DUI Lawyer South San Francisco. DUI law in South San Francisco is complex. This isn't just an administrative issue; you're up against thousand dollar fines, years in jail, and more. You can face DUI charges even for just refusing to take the tests, and the consequences you face might be even worse than a DUI conviction. And while the same CA law covers DUIs involving alcohol and other drugs, the defense strategies can be wildly different.
Regardless of whether you're innocent or not, you don't want to be alone. Trying to defend yourself against the charges is a fight that you need a team for, which is why the Law Offices of David S. Chesley is prepared for any DUI charges in South San Francisco, CA.
We are California's leading DUI defense lawyers and know the ins and outs of DUI defense strategies that work. When you work with us, you're getting a team of veteran defense attorneys who know how to defend your rights in the South San Francisco, CA, court system and provide paths to positive outcomes.
If you wait too long to build a defense, it could become too late. Talk to a lawyer today at (800) 755-5174 or send us a note online to start preparing your defense strategy today.
South San Francisco, CA, DUI Lawyer Traffic Stop Tips:
Nobody gets excited when they see red and blue flashing lights behind them, but knowing what to do if you are in a traffic stop can help you avoid an arrest. Below are four tips from a South San Francisco, CA, DUI Lawyer for you which can protect you from arrests and charges:
Tip #1: Be Prepared With Your Documents
It's typical for an officer to request for your license, registration, and proof of insurance during a traffic stop. If you're struggling to locate them and keep hold of them, the officer may think you're intoxicated. But if you already have them ready, you avoid that risk.
Tip #2: If You or the Officer Smells Alcohol, Don't Speak
If either the officer alleges that they smell alcohol, or you can smell alcohol yourself, don't answer any questions. You have Fifth Amendment protections at all points in the legal process. Even just saying "I only had two drinks" can work against you.
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. This doesn't stop the officer from arresting you, but can decrease your chances of having this happen. However, you can face consequences if you refuse a blood alcohol content test after you've been arrested.
Tip #4: Respect the Law Enforcement Officer
Refusing to cooperate with the police won't improve your case — it will come back to bite you. This isn't just something you're doing out of courtesy, though; it also helps your defense: When you resist or act disrespectfully, 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 without a BAC level over the limit, 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, generally via field sobriety tests, then make judgements based on their evaluation of you.
If you've been placed under arrest, the CA legal system starts moving towards both a license suspension and criminal charges. Most DUI cases in South San Francisco, CA, follow this progression:
- Suspension: Your license suspension effective immediately after your arrest – at that time, you will be given a 30-day, temporary license, and you will lose your regular license (at least for now). While you're proceeding through the system, they are updating your records with the DMV to account for the arrest, which updates their records to show your license as suspended.
- Arraignment: Sometime after arriving at the police station, you will be brought before a judge, and a prosecutor will list out the laws you're accused of breaking.
- DMV Hearing: Independant of the criminal charge process, you'll have just 10 days to begin the process of protecting your license.
- Pretrial Motions: It's possible to be held in jail before your trial, but that's not very likely in DUI cases. While you're waiting for the trial, your South San Francisco DUI defense lawyer will file motions to strengthen your defense, such as ones to suppress unlawfully collected evidence, and a "blood split" motion to have another test run on your blood sample.
- Negotiations With the Prosecutor: Alongside pretrial motions, your DUI defense attorney will negotiate with the South San Francisco prosecutor to avoid a trial with a plea deal that protects you. But if the prosecutor won't give you a favorable offer, your attorney should be creating a defense now.
- Criminal Trial: Only a small percentage of DUI charges go to trial, but just in case it does, our team always crafts a trial-ready defense.
- Sentencing/Sealing: Depending on the outcome of your case, you may face a punishment. However, if you are found not guilty or enough time has passed, you may be eligible to have your record sealed.
Our DUI legal experts can help you fight any allegation, 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), call now and we'll be happy to assist!
DUIs in South San Francisco, CA and Criminal Cases vs. DMV Hearings
South San Francisco, CA, DUI charges require particular expertise because there are two sides that each need to be defended: The criminal case and the driver's case. These will never be handled in the same hearing, but at the Law Offices of David S. Chesley, our DUI defense lawyers will fight both.
Here are the key things to be aware of for each, and insights into how we protect your freedom and license:
South San Francisco, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. To fight them, you'll have to go through CA courts.
Criminal cases, including DUIs, all follow the same basic process – first, you're arrested. Second, you're informed of the charges at an arraignment. Third, you go through pretrial motions and negotiations. And finally, if it comes to it, a trial.
At the Law Offices of David S. Chesley, we build your defense and discredit the allegations. We'll challenge the legitimacy of the traffic stop, question the legitimacy of the officer's subjective observations, look for weaknesses in the breathalyzer test, and see if there's anything the police missed that can result in a not guilty plea.
The vast majority of our DUI clients in South San Francisco do not receive any jail sentence. Often, we'll get the prosecutor to reduce the charges, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also argue for probation to maintain your freedom.
South San Francisco, CA, DUI License Suspension
Meanwhile, you need to worry about the DMV and your license suspension. This suspension is independent of the criminal case, and if you want to fight it, you'll need to request an administrative hearing within ten days of being arrested.
It's typical for the criminal case to be, by and large, separate from the DMV hearing. In fact, you can lose your license regardless of the outcome of the criminal case. Instead, the focus of this hearing is whether or not you were lawfully arrested, if your BAC was at or above 0.08, the legal limit, or, if you refused to cooperate when the officer tried to test you, whether or not you were properly informed of the consequences. When you work with us, we'll challenge the legitimacy of the stop, the arrest, and the BAC reading.
Outside of that ten-day window, though, there probably isn't a way to get your license back immediately. Outside of rare cases, you don't get a second chance to set up that hearing. This is why it's crucial to contact a South San Francisco DUI defense attorney without delay after an arrest.
South San Francisco DUI Sentences and Consequences
South San Francisco, CA, DUI criminal penalties are a lot to face – even for the ones considered misdemeanors, they can still result in up to a year in jail, or six months for a first offense.
On this table, you can review the different penalties you could be looking to avoid, depending on the circumstances of the alleged offense:
| Alleged DUI Offense | 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 South San Francisco, CA, you're also facing collateral consequences, such as rising insurance rates and barriers between you and professional licenses.
DUIs and Immigration
DUI immigration consequences are very serious. On the bright side, most first-time DUIs at this time will not result in deportation. 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 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.
If any of the above situations apply to you, don't panic: Call one of our South San Francisco, CA, immigration lawyers to get immediate help. At the Law Offices of David S. Chesley, can provide assistance with all of your legal needs, not just against criminal accusations: We'll explore diversion programs with alternatives to criminal sentencing, fight to keep you in the country, and offer expert advice as you apply for citizenship.
After the Case: Expungement/Sealing
Whether your case ends in a conviction or an acquittal, it's natural to want to move on and leave this in the past. You'll find, though, that your arrest and/or criminal record keeps coming up and getting in your way. Depending on your case outcome, it might be possible to either expunge or seal your records. Our South San Francisco, CA, DUI defense team can also assist you with sealing/expunging records, and give you a chance to clean your record.
When You're Picking a South San Francisco, CA, DUI Lawyer, Consider These Factors
Accused of a DUI in South San Francisco? It is important to pick the right lawyer to defend you. Your team needs the expertise, background, and connections to offer the best possible outcome for your case. When looking for a DUI defense lawyer in South San Francisco, CA, look for these signs:
- Experience: Experience gives your attorney knowledge on how to win these cases. At the Law Offices of David S. Chesley, you get a team that has former judges, district attorneys, and police, totalling more than 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: You need connections to get a good plea deal. We're familiar with the prosecutors in South San Francisco and all throughout CA.
- Reputation: Both in the community and in the legal sphere. We are proud to be respected amongst our peers and to be recognized as the top DUI lawyer in California.
- Track Record of Success: At the end of the day, results matter. And our results are great. 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 Fight in South San Francisco
Whatever type of DUI charge you need help with in South San Francisco, CA – your DUI defense lawyer from our team prepared to defend you against the charges.
Below are some of the DUI case types 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 South San Francisco, CA
Every DUI case needs a defensive strategy, and our South 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 law enforcement made a mistake while conducting their investigation, we can challenge the evidence, and even the legitimacy of the case itself. This defense is effective if, for example, the police officer pulled you over without probable cause, the entire traffic stop could be made invalid.
Show Issues With 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, introduce alternative evidence when possible, and highlight any errors in the chain of custody.
Challenge Field Sobriety Tests
Field sobriety tests, like 'horizontal gaze nystagmus,' are a widely-recognized way of evaluating somebody's level of impairment. But field sobriety tests are not objective measures of whether you're safe to drive or not. We will examine the evidence 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 .08 or higher. This may sound bad, but it's not the end of your case. We can examine your diet and medical conditions to find alternative explanations.
Get Immediate Help – Contact Our South San Francisco DUI Defense Attorneys AS SOON AS POSSIBLE
DUI allegations are no joke. After you've been charged, it feels like there's no space to breathe. Your license is suspended, law enforcement might try to do additional tests, you're given a court date…it's easy to be like there's no way forward. With everything going on, your best way out is to contact an attorney immediately.
Don't give the state a chance to put you behind bars. Don't wait too long and lose your driving privileges. Don't just sit idly by while everything collapses. 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 prepared to start building your defense immediately and will begin protecting your license and your liberty immediately. Talk with one of us now at (800) 755-5174 or tell us about your case online for a no-obligation case review.
We also provide the following legal services in South San Francisco, CA:
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