Reliable Representation When Facing DUI Charges
A DUI can be an expensive criminal charge that stays on your record for years, so it’s important to contact our San Francisco, CA DUI lawyer as soon as possible. Being charged with a DUI can be frustrating and overwhelming, but with the help of the right lawyer from The Morales Law Firm, you can navigate through the legal process with a certified criminal law specialist and get all the information you need to make informed decisions about your case. Contact us today to set up your free and confidential consultation.
Table of Contents
- Reliable Representation When Facing DUI Charges
- DUI Charges In California
- What to Do if You Have Been Stopped for a DUI
- San Francisco DUI Infographic
- DUI Statistics
- DUI FAQs
- The Morales Law Firm
- Contact Our Firm Today
The Impact Of A DUI
The punishments become more severe with subsequent DUIs, but even if it’s your first DUI you can expect a suspended or revoked license. In some cases, you’ll have to even attend counseling or workshops and perform community service. Depending on your judge and the details of your case, the sentence may be light, or it may be heavy—it’s up to you and your San Francisco DUI lawyer to reduce your charges or even get your charges dropped completely.
Methods A Police Officer May Employ Prior To Making A DUI Arrest
A police officer may observe a driver weaving between lanes, driving erratically, or otherwise acting impaired. Once observed, the officer has reason to pull the driver over. However, a DUI lawyer may have cause to question whether their client’s behavior was truly suspicious to the driver and if it merited pulling over the driver. Depending on the events that transpired, your San Francisco drunk driving lawyer might question any number of things in order to assert your innocence.
When a police officer pulls over a driver for suspected DUI, or for any other reason, if they have further reason to believe the driver may be impaired then they may request the driver to perform several tests. This is known as a field sobriety test because they are gathering more information “in the field” before taking the driver down to the station in case that is not necessary. The main problem with a field sobriety test is that it relies on the person’s ability to successfully perform certain balance tests. Many people cannot pass these tests even when they are clean and sober. Therefore, if they fail the test it is not a fair indication of their sobriety level. Your DUI lawyer from The Morales Law Firm will take a close look at how the officer conducted the field sobriety test and if you have physical limitations that may have caused the outcome of the test.
The laws on chemical testing prior to an arrest vary from state to state. In some states, the testing is mandatory and if the driver refuses, they are automatically considered to have failed the test. In other states, it is not mandatory and your San Francisco drunk driving lawyer can tell you what repercussions you may suffer for refusing to take the test.
DUI Charges In California
California’s DUI laws prohibit drivers from driving under the influence of alcohol with a blood alcohol concentration of .08% or more. Commercial drivers can be arrested for a DUI for driving with a blood alcohol concentration of .04% or more.
There are serious penalties for repeat DUI offenders. In San Francisco, California a DUI conviction will stay on your record and count as a prior for 10 years.
| 1st Offense | 2nd Offense | 3rd Offense | |
| Jail | Up to 6 months | 96 hours to 1 year | 120 days to 1 year |
| Fines and Penalties | $390 to $1,000 | $390 to $1,000 | Up to $1,800 |
| License Suspension | 6 months | 2 years | 3 years |
| Interlock Ignition Device | 5 months in certain counties | 1 year in certain counties |
2 years in certain counties |
Having an experienced attorney like Christopher Morales can make a difference in criminal court and in your Administrative Per Se Hearing with the Department of Motor Vehicles (DMV).
Our San Francisco DUI lawyer has successfully represented numerous drivers throughout the Bay Area. We thoroughly investigate the circumstances leading to your arrest and identifies any weaknesses that can be used to help ensure a more favorable result.
DUI Charges For Underage Drivers
An underage driver can be charged for a DUI. Since an underage driver is not legally of age to consume alcohol, they may face more penalties than an adult drunk driver. A DUI can also affect an underage driver’s acceptance to college and their future career.
DUI Charges In A Non-Moving Vehicle
In some cases, a person does not need to actually be driving to be charged with a DUI offense, sitting in a non-moving, parked car while drunk can lead to a DUI arrest.
Criminal Court Vs DMV Hearings
When arrested for a DUI, one faces two separate cases. One with the criminal court and one with the DMV. When faced with a DUI charge, a person has the option to request a DMV hearing within 10 days of receipt of the suspension or revocation order. A DMV hearing is an administrative proceeding regarding one’s driving privilege and the circumstances surrounding the arrest. In criminal court, criminal charges are faced and penalties can include jail time, court ordered fines, probation and a license suspension.
Interlock Ignition Devices
Any person who is convicted of a DUI with injury or vehicular manslaughter has to install a certified ignition interlock device in each vehicle that the driver owns or operates. An interlock device is wired to a vehicle’s ignition that requires a breath sample from the driver in order for the engine to start. If the device detects alcohol on the breath, the engine will not start. The interlock ignition device will periodically request breath samples from the driver in order to ensure that there is continued absence of alcohol in the driver’s system.
California’s SR-22 Requirement
In order to reinstate your driving privilege after a DUI related suspension in California you will need to apply for an SR-22. An SR-22 is a certificate of insurance that shows proof of liability car insurance. Your auto insurance company should be able to provide you with an SR22. If you do not plan to drive, you do not need to file an SR22.
What To Do When Being Stopped For A DUI
There can be nothing more intimidating than to see the blue lights flashing behind you and the sounds of the siren signaling for you to pull over. Even if a person hasn’t been drinking, the experience can be stressful, especially if the officer who pulled you over suspects you are driving under the influence. But no matter how scared you may be in this situation, our Bay Area lawyer suggests that if this does happen, remember that you have rights. It is critical to know what you should do and what you shouldn’t do in order if you have been stopped on the suspicion of a DUI.
The following are things you should not do if you have been stopped. If you do get arrested, contact The Morales Law Firm to meet with our certified criminal law specialist and find out how we can help.
- Do Not Admit You Have Been Drinking
People who have only had one or two drinks make the mistake of thinking it’s okay to admit that to the police if they are stopped. However, this is one of the worst things you can do if stopped for a suspected DUI. This admittance can and most likely will be used against you by the prosecutor in proving their case against you. However, you also do not want to lie to the police, either. If you are asked if you have been drinking, a San Francisco, CA DUI lawyer recommends you answer the question by asking the officer if you are being charged with anything. When asked again, tell the officer you would rather not answer that question.
- Cooperate With Law Enforcement
Even if you have had nothing to drink and are frustrated at being pulled over, it is imperative you cooperate with the officer. You are required to provide your name, driver’s license, and registration to the officer. Even if the officer arrests you, keep on cooperating, no matter how wrong you feel the police officer is. Your DUI lawyer in San Francisco, CA can defend you against these charges and the more your attorney can show you cooperated, the more beneficial it is for your case. Resisting arrest can just escalate the charges and compound whatever penalties you could be facing.
- Do Not Submit To A Field Sobriety Test
Many people are under the mistaken impression that if an officer asks them to submit to a field sobriety test, they are required to under the law. However, this is not true. While it is important to cooperate with the officer – as mentioned above – never agree to submit to field sobriety testing. Multiple studies show that these tests are often incorrect and depend on how the officer executes the test and the officer’s judgment. Whatever the results are can be used against you.
- Do Not Permit A Request to Search Your Vehicle
If a police officer has probable cause to search a vehicle, they can do so without the owner’s consent. Whatever incriminating evidence they find can be used against the driver in court. If the officer does not have probable cause to search the vehicle, they are not allowed to search without the driver’s consent. This is why you should never give consent to search. If the officer conducts the search anyway, our San Francisco DUI lawyer can challenge any evidence the officer finds later on in court. Keep in mind that you should still be cooperative if the police do start to search your vehicle. Do not try to stop them as this could result in serious charges for you.
- Know Your Rights
You should always be ready and know what your rights are if you get pulled over for anything. You always have the right to remain silent and to wait to speak with law enforcement until you retain legal counsel. This is key to remember so that you protect yourself from self-incrimination. Even if you think you are helping your case by explaining what happened, some of the details may be incriminating and actually end up hurting you. An experienced criminal defense lawyer will know what you should and should not say to law enforcement and will be happy to sit by your side while you go through this difficult time. Be sure to tell the arresting officer that you want to speak with a lawyer and make that your very first phone call. You have the right to wait until someone experienced is with you and can help protect your freedom.
In the United States, you are innocent of a crime until proven guilty. Do not give up immediately just because you feel defeated. A good DUI lawyer in San Francisco, California will be happy to make sure you get a fair trial and are not put behind bars if you don’t belong there. He or she will work to get you the most minimal sentence possible, or even potentially get your case completely dropped if he or she is able to. DUI lawyers have seen many different cases throughout their careers and know what it takes to win a case.
- Reach Out To A Lawyer
It’s essential to have an experienced criminal lawyer on your side. Our team at The Morales Law Firm has years of experience dealing with people who have been arrested for driving under the influence. We know what kind of defense may hold up in court and will speak with you in-depth about the incident and go over whether or not we think that there is a real case for a DUI. If so, we will try our best to come up with a good defense, and if not, we will try to debunk everything law enforcement said about the incident.
Sometimes, people are arrested for DUI and in reality, did nothing wrong. You should not be punished because the evidence is faulty or nonexistent. The sooner you reach out, the faster we can try to jump on your case so that you will be able to get everything over with and move on with your life. A DUI is a very serious charge that goes on your permanent record. This can affect your job, and your ability to drive, and even hurt your interpersonal relationships if you are found guilty. This is why it is important to take this charge seriously and to hire someone to help you fight it.
San Francisco DUI Infographic
DUI Statistics
According to NHTSA, in 2020 over 11,000 people died in alcohol-related car accidents. Most people assume that a DUI is an in-and-out process, and they oftentimes think that the punishment (whether it’s jail time or a hefty fine) is the worst they should expect. Unfortunately, the impact of a DUI reaches much farther, especially if it involves a death. Having a DUI on your record means having a hard time applying for housing, applying for jobs, applying for loans, and so much more. If you have been involved in a DUI-related accident, contact a lawyer today.
DUI FAQs
Do I have to consent to a field sobriety test?
Whenever you drive in California, you are required to consent to a field sobriety test, either via breathalyzer or blood. You can’t talk to an attorney about which to choose; you must decide on the spot which you are more comfortable.
If you choose a breathalyzer, but the officer suspects you may be under the influence of drugs, you may have to submit to blood or urine screening anyway, since the breathalyzer can’t test for drugs.
If you refuse to allow this testing, your driver’s license may be suspended. You should consult our DUI defense lawyer about getting your license back if it’s suspended based on your refusal of testing.
What is an illegal blood alcohol content?
According to the California Department of Motor Vehicles, there are various levels of blood alcohol content (BAC) that make it illegal for you to drive.
- If you are 21 or older, your BAC must not meet or exceed 0.08%.
- If you are under 21, your BAC must not meet or exceed 0.01%.
- If you are on DUI probation, your BAC must not meet or exceed 0.01%.
- If you are driving a vehicle that requires a commercial driver’s license, your BAC must not meet or exceed 0.04%.
- If you have a passenger who is paying you to drive them, your BAC must not meet or exceed 0.04%.
What charges may I be facing?
California Vehicle Code 23152(a) VC makes it illegal to drive under the influence of alcohol. Vehicle Code 23152(b) makes it illegal to drive with a BAC of 0.08% or greater. If you are arrested for DUI in California, you may be charged with violating both these sections. You could also be charged with misdemeanor DUI with injury, felony DUI with injury, or felony DUI. The Morales Law Firm or another DUI lawyer in San Francisco, CA, can help you understand the charges against you.
What potential punishments could I receive?
Most DUIs are charged as misdemeanors unless there is an injury to a person or property, in which case they may be tried as felonies. As such, sentencing can vary. Our criminal defense attorney at The Morales Law Firm may help you determine what your potential sentence may be.
Your sentence could be anywhere from six months in county jail to 16 years in state prison, fines between $390-$5,000, three to 30 months of DUI school and either an ignition interlock device, which won’t let you start your car until you pass a breathalyzer test or suspension of your license for up to five years.
What will happen immediately following a police officer charging me with a DUI?
If a police officer has charged you with a DUI and taken you to jail, there are a few things you can expect.
- You will likely be released from jail shortly. This could be within just a few hours of your DUI arrest. Unless you are being charged with a DUI in addition to more serious charges (someone else was injured or killed because of the DUI), then you will likely be able to call someone to pick you up and take you home. This does not mean your legal battle is over.
- Your driver’s license might be suspended. When this is the case, it can make living your life incredibly difficult. This is another reason it is a smart move to work with a DUI lawyer San Francisco, CA residents rely on during this time. Your lawyer can help you get in contact with the DMV as soon as possible to get a hearing to challenge a license suspension. While you are waiting for your hearing, you may still be able to drive. Even if you are not fully able to protect your license, your lawyer may be able to argue for your to get a restricted license so that you can still drive to work or school, especially if this is a first-time offense.
- If you are convicted of a DUI and it is your first offense in California, you may have jail time or you may get probation, fines, community service, or an alcohol offender program. In addition, the conviction will stay on your record and may impact your driver’s license, where you are able to get a job, and whether you can keep your job. Repeat DUIs carry worse offenses, like jail time, and license suspension, and worse if there are aggravating factors.
How does a police officer determine if a driver is under the influence of alcohol or drugs?
The Morales Law Firm defends drivers who have been charged with driving under the influence (DUI); a drunk driving lawyer San Francisco CA from our firm can protect you from overzealous law enforcement officers and prosecutors. There are several methods a police officer may use to tell if a driver was DUI prior to the officer making contact. None of those methods are infallible, as our San Francisco CA drunk driving lawyer knows very well. Many people are arrested for DUI under false pretenses. Because a conviction may result in a long jail term as well as very expensive fines, a false charge and conviction are patently unfair. The Morales Law Firm aggressively pursues justice on behalf of our clients. Contact us without delay if you were charged with DUI. We offer a free consultation with our San Francisco criminal lawyer whether you have posted bond or are awaiting sentence. If someone close to you is incarcerated on a pending DUI charge, contact us.
Does a police officer have the right to pull someone over for any reason?
The officer must have a reasonable suspicion that a driver is breaking a law, is a risk to the safety of someone else, or committing a negligent act. There are other recognized and accepted reasons for when a law enforcement officer is justified in detaining or stopping an individual. However, there are also guidelines and restrictions. Every situation is different and so it is necessary for a San Francisco drunk driving lawyer to review the unique details of a case before determining the best legal strategy moving forward. At The Morales Law Firm, we take the time necessary to properly defend a client who is charged with a DUI. Our DUI lawyer has years of experience representing defendants of all ages and backgrounds. It’s very likely we can help you too if you were arrested for DUI.
San Francisco DUI Glossary
At The Morales Law Firm, we work closely with those facing DUI charges to help protect their rights and driving privileges. If you’re seeking a San Francisco, CA DUI lawyer, understanding the legal terminology involved in your case can help you make informed decisions. Below are definitions for several key terms related to DUI cases that you may hear during your legal process.
Field Sobriety Test
Field sobriety tests are physical or cognitive assessments conducted by police officers at the scene of a DUI stop. These tests typically include tasks such as walking in a straight line, standing on one leg, or following a moving object with your eyes. The goal is to evaluate coordination, balance, and attention. However, performance on these tests can be affected by many non-alcohol-related factors such as medical conditions, fatigue, or uneven surfaces. In DUI defense, we often review whether the test was administered properly and whether the results were misinterpreted. Poor administration or questionable conditions can weaken the evidence presented against you.
Administrative Per Se Hearing
An Administrative Per Se (APS) Hearing is a separate legal process managed by the California Department of Motor Vehicles (DMV). This hearing is not part of the criminal court proceedings but is instead focused solely on the suspension of your driver’s license following a DUI arrest. After receiving a suspension notice, you have only 10 days to request this hearing. The hearing officer will consider evidence such as the lawfulness of the stop and whether your blood alcohol concentration (BAC) was at or above the legal limit. As DUI defense attorneys, we represent our clients at these hearings to contest the suspension and, when possible, retain driving privileges.
Chemical Testing Refusal
In California, by holding a driver’s license, you give implied consent to undergo chemical testing—such as breath, blood, or urine testing—if lawfully arrested for a DUI. Refusing a chemical test after arrest can lead to immediate penalties, including automatic license suspension and longer DUI program requirements. It’s important to distinguish refusal of a post-arrest test from declining a preliminary alcohol screening device offered before arrest. We analyze the sequence of events to determine whether refusal consequences were appropriately applied and whether your rights were respected during the process.
Ignition Interlock Device
An ignition interlock device (IID) is a breathalyzer installed in your vehicle that prevents the engine from starting if it detects alcohol on your breath. In some California DUI cases, especially those involving repeat offenses or injury, installing an IID may be mandatory. Some counties require it even after a first offense. The device must be calibrated and monitored regularly. Our team works with clients to clarify whether an IID is required, how to comply with installation guidelines, and how to reduce or remove the requirement where legally possible.
California Vehicle Code 23152
California Vehicle Code 23152 outlines several offenses related to impaired driving. Subsection (a) makes it unlawful to operate a vehicle while impaired by alcohol or drugs, regardless of BAC level. Subsection (b) makes it illegal to drive with a BAC of 0.08% or higher. Drivers can be charged under both sections at the same time. For commercial drivers or drivers under 21, stricter BAC thresholds apply. At The Morales Law Firm, we closely examine the evidence supporting each charge, especially in cases where subjective officer observations are the primary basis for the arrest.
If you or someone you know has been arrested for DUI in San Francisco, we’re here to help. Contact The Morales Law Firm today for a free and confidential consultation to discuss your options and begin building your defense.
The Morales Law Firm
1388 Sutter Street, 8th Floor, San Francisco, CA 94109
Contact Our Firm Today
If you are facing a DUI conviction, and this is not your first one, you may be looking at a number of penalties and consequences should you be found guilty. You can count on the prosecutor building a case against you right now; therefore, you should not delay in building your own case that defends your rights and protects your interests. To get legal help from our experienced San Francisco DUI lawyer, please call us at The Morales Law Firm to schedule your free consultation.
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