DUI Lawyer San Francisco, CA

 

It is not unusual for someone who is arrested for a DUI to be greatly concerned about the possible outcome. The consequences for a conviction of driving while under the influence can be far reaching, expensive, and affect the driver’s record for a long time. Those who have been arrested may wonder about which penalties and sentence enhancements they may suffer if they are convicted. A driver charged with a DUI should strongly consider meeting with our DUI lawyer in San Francisco CA from The Morales Law Firm. After a no-cost consultation with our DUI lawyer you will have a clearer idea of how we might defend you against this charge. Understand that it’s important to obtain legal representation as early in the process as possible.

 

What are the penalties for not taking a chemical test?

If a driver is pulled over on suspicion of a DUI and refuses to take a chemical test, he or she may automatically suffer serious penalties. An arrest on suspicion of a DUI can be frustrating for any driver, particularly one who was innocent. As a response, the driver may want to decline take an additional test administered by law enforcement. However, by refusing a chemical test, the driver could risk the following:

 

• One year suspension of license (if this is the second offense within 10 years, then the suspension is likely to last two years).
• The court may view this refusal of a chemical test as an admission of guilt that the driver was under the influence.
• A mandatory jail sentence. A DUI lawyer in San Francisco CA from The Morales Law Firm may be able to argue for a dismissal of the charge or else a punishment other than jail time.

 

What is the “rising BAC defense”?

It is against the law to drive with a blood alcohol content (BAC) over 0.80% when behind the wheel. It is possible that the driver’s BAC level rose at the time of the chemical test. The human body may not absorb alcohol until after 30 minutes of being ingested. The length of time between the arrest and when the chemical test was given can greatly influence the results. While the results may show that the driver had a BAC of 0.90% when the test was given, it could have been much lower at the time of driving. This means that the driver’s BAC level when behind the wheel could have been at a legal level. These are the factors that our DUI lawyer in San Francisco CA from The Morales Law Firm will consider after taking your case.

 

What does it mean if my sentence has been enhanced?

There are certain scenarios that can generate a sentence enhancement which will result in the driver receiving an elevated penalty. A common example is when the driver was guilty of a previous DUI in the last 10 years. Evidence must have been stated in the officer’s complaint in order for it to be factored into the penalty. It is important to have an experienced DUI lawyer in San Francisco CA representing your best interests while protecting your rights. Examples of factors that can increase the driver’s penalties include:

 

• Driving more than 20 MPH over the speed limit.
• A child being present in the car at the time of arrest.
• The driver caused property damages or personal injuries.
• The driver refused to take a chemical test.
• The driver’s BAC level was more than 0.20%.
• The driver is under 21 years old.

 

To learn more about how a DUI lawyer San Francisco CA drivers turn to for legal representation can help you, contact The Morales Law Firm without delay.