Arrested for Driving Under the Influence (DUI) in San Francisco California
Having an experienced attorney like San Francisco DUI lawyer Christopher Morales can make a difference in criminal court and in your Administrative Per Se Hearing with the Department of Motor Vehicles (DMV).
San Francisco DUI lawyer Christopher Morales has successfully represented numerous drivers charged with a DUI throughout the San Francisco Bay Area. Christopher Morales thoroughly investigates the circumstances leading to your arrest and identifies any weaknesses that can be used to help ensure a more favorable result.
San Francisco, 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
|2 years in certain
Can an underage driver be charged for a DUI?
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.
Can I be arrested for a DUI 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.
What is the difference between criminal court and a DMV Administrative Per Se hearing?
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.
What is an Interlock Ignition Device?
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.
What is 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.
My Friend Has Been Arrested for a DUI, Now What?
Have you recently found out that your friend was arrested for a DUI and is now in jail? If so, you might feel concerned about whether or not it is possible to help them. Should you call anyone? Is there anything you should or should not say? In moments like these it can be easy to make knee jerk decisions that ultimately reflect the situation – in a positive or negative way! Moreover, it can be very difficult not to panic. As a San Francisco DUI lawyer, we, at The Morales Law Firm, have outlined some steps and advice to take after a friend has been arrested. If you don’t understand what is being discussed, we invite you to give us a call.
In the event you are present during the arrest of your friend, or will be going to the police station, you should remain polite at all times. Police are public employees. It is your right to ask them questions or address concerns as long as you’re not preventing them from doing their job. In general, most police officers will provide basic information to you as long as you are being respectful.
Confirm the DUI Arrest
To help you friend after being arrested for a DUI, we would encourage you to confirm the arrest. You should ask the police whether or not they are free to go. If the police officer replies with a ‘no’, you can proceed to ask them whether or not your friend has been detained or arrested. If he or she was arrested, you can ask on what grounds and/or whether the arrest was pursuant of a warrant. You should also ask the jurisdiction of the arrest. Followed by these questions, you might ask questions like:
- Can I bail my friend out?
- What is the bond?
- What are the charges?
- Where will he or she be booked?
- How long will they remain in jail?
Once your friend has been arrested or detained, you should help them get legal counsel. In general, a private San Francisco DUI lawyer is the best option. Information that can be useful includes the name of the arresting officers and agency, as well as the date and time of the arrest. A lawyer can get this information for you, as it may be needed at court.
Offer Your Friend Support
Once your friend has been arrested, do your best to avoid criticizing them for what happened. Even though you might be upset, anger will not help the situation. If you are given the opportunity to speak with them, let them know:
- Avoid answering questions other than basic ones like “What is your full name?”
- You are doing your best for them and are looking for a DUI lawyer in San Francisco.
- You will remain available and have your phone nearby.
Calling from Jail
If your friend has called you from jail, know that phone calls are recorded. The prosecutor can use what is said on these calls against your friend. They should avoid saying anything about the incident so as to avoid incriminating themselves. You can ask them how they are doing or other very general questions, but don’t talk about what happened.
Hire the top San Francisco DUI lawyer
Getting representation after a San Francisco DUI arrest is crucial. DUI charges can result in expensive fines, the loss of driving privileges or professional licenses, and even incarceration.
Attorney Christopher Morales is a dedicated lawyer who ensures his clients receive the best defense possible. If you have been charged with a DUI, contact the Morales Law Firm as early as possible so that we can build a strong defense strategy for you.