San Francisco DUI Lawyer DMV Hearing and License Suspension

• Introduction
• What To Do First
  • Why Fight My DUI Case
  • California DUI Arrest FAQ's
  • California Jails
  • Bail in California DUI Case
  • Requesting a DMV Hearing
• Elements of the Offense
• BAC Calculator
• Misdemeanor DUI Case
• Criminal Jury Trial
• Criminal Court Punishment
• Alternative Sentencing
• Sentencing Enhancements
• Refusal Cases
• Felony DUI Case
• Medication Cases
• Drug Cases
• Federal DUI Case
• Out-of-State Drivers
• Drowsy Driving
• Post-Conviction Relief
• Ignition Interlock Devices
• Motorcycles, Boats, Planes
• California Highway Patrol
• California DUI Resources

Why Fight My DUI Case

As an attorney with well over a decade of experience representing clients accused of driving under the influence (DUI) cases in the San Francisco, San Mateo, Marin, Alameda, Contra Costa, Santa Clara, Sonoma, and Napa County courts, I am frequently asked “why should I fight my DUI case?” The reason is simple. If you don’t fight your case, there is a 100% likelihood you will be convicted. On the other hand, if you hire an experienced DUI attorney, your chances of winning or minimizing the impact of the criminal case increase.

Faced with the results of so-called field sobriety tests, chemical tests, and other evidence, motorists accused of Driving Under the Influence often mistakenly believe that a conviction is inevitable. However, many driving under the influence charges can be won. The first step is contacting an experienced attorney to help you.

A person accused of a DUI charge in San Francisco should fight his or her case, because motorists who don’t fight their DUI cases and plead guilty or no contest to drunk driving will always be convicted of driving under the influence. With the help of an experienced Northern California DUI defense attorney, there is a chance of avoiding the heavy consequences of a driving under the influence conviction. Alternatively, drivers who plead guilty to DUI and throw themselves on the mercy of the court have a 100 percent chance of being convicted of drunk driving.

In California, drivers charged with a DUI are entitled to a jury trial. The driver is also presumed innocent unless proven guilty. If the prosecutor cannot convince all 12 of the jurors of a defendant’s guilt beyond a reasonable doubt, the defendant cannot be convicted.

Jury trials result in one of three outcomes: all 12 jurors agree on the accused’s guilt, all 12 agree on the accused’s innocence, or some vote one way and some vote another. If the 12 jurors cannot agree on a verdict, the trial ends in a "hung jury." A hung jury is an excellent outcome in a driving under the influence case, because (depending upon the county and the split) the charges will often be dismissed.

In order to win a drunk driving case, only one of the 12 jurors must vote not guilty. Just one! The alternative is to plead guilty to driving under the influence and hope for mercy in a system that has no mercy. That's reason enough to fight a DUI case.

Motorists in San Francisco facing a first DUI offense have another reason to fight a driving under the influence charge. Every client facing a first-offense DUI swears that it will never happen again. Every client charged with a second-offense DUI wishes he or she had fought the first case. The first drunk driving charge should be fought, if for no other reason than ensuring that the motorist will not ever face a second-offense drunk driving charge.

California presently has a ten (10) year "washout period" for DUI convictions, meaning that if a person is arrested for a drunk driving offense within ten (10) years of a prior conviction, the most recent case will be charged as a second offense. If a second DUI arrest occurs more than 10 years later under the present law, the second arrest is charged as a first offense driving under the influence charge. (The 10 years is measured from arrest date to arrest date.) However, the law pertaining to the priorability of a DUI case can be changed at any time.

In California, a second DUI offense carries substantially greater punishment than a first drunk driving offense. This is why drivers who plead guilty to a first California DUI offense often regret it later.

Another reason one should plead not guilty to a California DUI charge is the prospect of being placed on probation for three to five years. Probation carries many conditions, including the payment of fines, attendance at DUI classes, and driver's license suspensions. One condition of probation in many California DUI cases is that the probationer cannot drive with any measurable amount of alcohol in his or her body.

This issue becomes extremely significant if an individual is arrested for a second California DUI while he or she is still on probation from a first offense DUI conviction. Those accused of violating probation will not have the opportunity to have a jury trial; their cases will be decided by a judge. The judge doesn't have to be convinced beyond a reasonable doubt, only by a preponderance of the evidence. Proving a case by a preponderance of the evidence means to prove a case by more than fifty (50) percent. Getting arrested for a second DUI while on probation from a first DUI offense is a very serious matter.

The final reason why a motorist should fight a California Driving Under the Influence (DUI) charge is the absolute constitutional right to do so. All of us have the unconditional right to have a driving under the influence case decided by a jury of our peers. Why surrender before the battle begins? Anyone accused of drunk driving or driving under the influence of drugs (DUID) should consult with a California criminal defense attorney who specializes in DUI defense.

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