You should understand the arrest process if you are or have been charged with DUI in San Francisco, California. DUI is a criminal offense in the state. It is a serious crime and has severe punishments, including fines and penalties, license suspension and jail term among others. There are associated charges as well such as DUI accident and DUI manslaughter. The arrest process has to be legal and the police should not put a foot wrong at any stage. Else, an experienced DUI lawyer in San Francisco can highlight the lapses in the arrest process and get the entire case dismissed at the outset.
Understand the DUI Arrest Process in San Francisco, California
The DUI arrest process involves a checkpoint, a breathalyzer or blood test, assessment of whether the blood alcohol concentration is beyond the prescribed or legally permitted limit and subsequent booking or letting a person go. The blood alcohol concentration should be zero for teenagers and young adults aged below twenty one. The permitted blood alcohol concentration for adults older than twenty one is 0.08% or 80mg of alcohol in 100ml of blood.
The police will charge you with DUI only if your blood alcohol concentration is 0.08% or higher. In case of teenagers, even 0.01% is sufficient for a DUI charge. The policy will arrest you and file the charges. If an accused has no previous criminal record then bail is almost immediately granted but on a condition of appearing in the court. Any history of crime or an existing criminal record may make bail complicated. Repeat offenders of the same crime, such as the second or third DUI offense, will also have a complicated bail process.
The arrest process itself is often not followed as it must, which can become the ground to get the case dismissed in court. The prosecution must establish that the arrest process was by the book. There can be issues with the breathalyzer, the blood sample taken may not be tested properly, the findings of the tests may be inconclusive and other issues may become apparent subject to investigation. The arresting officer can file charges when there is limited or inconclusive evidence. It is also not uncommon for arresting officers to avoid filing charges when the evidence is lacking or perhaps there is reason to believe a person is intoxicated but the tests show otherwise.
There is scope of questioning the arrest process, the tests, the manner in which samples were obtained, the assessment of the results of the tests, the actual arrest and subsequent booking, protection of all rights of the defendant, proper legal representation of the accused when the charges are booked, access to bail and subsequently the right to present the case to prove innocence. The burden of proof to establish guilt is on the prosecutor. The best DUI lawyers in San Francisco use counterarguments to successful win a case. The finest DUI lawyers in San Francisco also rely on a spectrum of strategies, from investigating the scene to cross-examining the witnesses presented, to turn the case in favor of the defendant.
It is mandatory for a DUI accused to seek immediate legal help. There are some obligations following the arrest that should be attended to. The arresting officer will take away the license and issue a pink slip, which is the temporary license valid for thirty days. The accused has ten days from the date of arrest to report to a hearing at the DMV. This is a separate hearing and has nothing to do with the criminal case being filed against the accused. The DMV shall hear the accused as to why the license should not be suspended. Failing to appear before the DMV and presenting a case will lead to automatic suspension of the license for a period of four months. This is regardless of the status of the case or trial in the court.
The DMV hearing should figure prominently into the strategies of fighting a DUI case. If a defendant can prevent the suspending of the license at the hearing within ten days from the date of arrest, then it does provide a boost that can be built on and although the legal case may take its own course, the fact that the license is not suspended is a pleasant development. Our DUI lawyers in San Francisco can help with everything from the initial documentation of every detail to recounting the event for later reference, presenting the case at the DMV hearing and contesting the criminal charges in the court.
Do Not Hesitate To Contact Us If You Have Received A DUI Offense in San Francisco
Types Of DUI Charges:
Consequences Of A DUI:
Appoint a San Francisco DUI Trial Lawyer
You need a skilled and competent, dedicated and experienced, resourceful and reliable trial lawyer. The DUI lawyer in San Francisco will be the only person standing between the accused and the harsh punishment. A trial lawyer is necessary because the case will come up in court so consultation is only the beginning. A consulting attorney will not be sufficient in case of DUI in California.
One of the first things that our DUI lawyer in San Francisco will help you with is whether or not to plead guilty. Pleading guilty can be a wise legal tactic in many circumstances. There are times when the evidence is so overwhelmingly in favor of the prosecution and against the defendant that saving the accused from a harsh verdict may be impossible and pleading guilty paves the way for a lenient sentence. An accused should not determine if pleading guilty is a better option or one must fight the case by pleading not guilty. Only an astute DUI lawyer should decide this based on the merits of the case and what is possible.
Dealing with a DUI in San Francisco, California and Whether to Plead Guilty or Not
Your lawyer will determine whether you should plead guilty or not in the court of law after assessing your case. It will all depend entirely on the circumstances of the case that only your lawyer will be able to assess and conclude. If you choose to plead not guilty the pre-trial phase begins and your attorney will use motions to reveal flaws in the case against you and try to strengthen your defense. However, if you plead guilty you will be sentenced by the judge and the following consequences may vary greatly depending on the circumstances of the case and your criminal history. This is why it is very important for you to hire a really reputed and skilled DUI lawyer who has years of experience in dealing with such cases and who can safeguard you from all the consequences that you might have to have in a DUI offense.
DUI is a criminal offense as per the provisions of the Criminal Code. The punishments and penalties for the offense are very serious. In case you are wondering on how to successfully handle a DUI and the DUI process, then you need not worry since our San Francisco DUI lawyer is here to help you. We have the most qualified and reliable lawyers who have successfully handled similar cases over the years and have managed to protect our clients from all sorts of consequences concerning a DUI offense. You will increase the likelihood that the ruling will end in your favor when you hire us.
We Understand The DUI Arrest Procedure in San Francisco, California
After a police officer has collected your blood sample or breath sample, he/she will hand it over to a professional technician who will undertake the necessary test. If the blood alcohol concentration is above the prescribed limit, then they will have the necessary grounds to arrest you. You will be detained and thereafter taken to court. During this time, it is crucial that you contact us so we can be able to prepare your DUI defense as soon as possible.
San Francisco DUI Defense Attorney