San Francisco DUI Arrest Information
The primary goal of this site is to provide valuable information for those whom have the unfortunate obligation of dealing with a DUI (driving under the influence) or DWI (driving while intoxicated) charge. Having a working knowledge of the laws, penalties, and proceedings may seem impossible; but with this sites help, you will have to ability to get through all administrative and criminal proceedings.
Your current position may have started with an accident or DUI sobriety checkpoint. You were then subject to a field sobriety tests. After the sobriety tests, which usually consist of 3-5 coordination and/or physical balance tests, the officer probably requests for you to breathe into a breathalyzer. Breathalyzers, commonly known for their inaccuracies, are instruments that attempt to calculate preliminary readings of your blood-alcohol level. This test has started to become the primary chemical test administered in drunken driving cases. If you do in fact pass a breathalyzer test with a .08% or fewer, there is a possibility that the officer may arrest you for driving under the influence of drugs.
Upon arriving at the police station, it is the duty of the arresting officer to give you a choice of chemical test (breath or blood). If choosing the breath test, two samples will be taken. The breath test will be fully valid only if the two samples are within .02% of each other. The blood test can be taken at the police officer, a local medical facility, or by a third party at the station. The arresting officer may not inform you of all your rights. It must also be noted that you can refuse a chemical test. By doing so, you will face heightened penalties.
You must be fully aware of the flaws that these tests have. Some of the flaws make the test unreliable and at times inaccurate. Biological variables in the human body and imperfections in the technology of the testing equipment can cause inconsistent results. But again, keep in mind the penalties if you refuse to take a chemical test (See DWI Driver's License Suspensions)
You can, and will, lose your license if any one of the following situations occurs:
- If you take the breath test and fail with a result of .08% or higher.
- If you opt for a blood test which is taken at a crime lab a few days later.
- If you refuse to take a chemical test.
Immediately following your arrest, the officer will issue a Notice of Suspension
slip and revoke your license. The arresting officer does not have the ability to confiscate an out of state incense but does have the ability to suspend your driving privileges in California.
DUI laws in California are quite intricate. It is common that many DMV employees, and even some judges, do not fully understand law the rules and regulations involving a DUI. One important step that must be taken, preferably by your DUI Attorney, is to call the local DMV's Driver Safety Office (DSO) to arrange the mandatory administrative license suspension hearing. This call must be made within 10 calendar days of the arrest or you will have your rights to a hearing forfeited along with any options of suspensions being delayed. You can contact San Francisco's DSO at (415) 557-1170.
The court arraignment is generally scheduled a month or more after the arrest. This is done so for the prosecution to have the appropriate time to evaluate all DUI evidence and apply all the correct charges. Should be charged with a felony, your presences in court are required. It is strongly suggested that you obtain a San Francisco DUI attorney to represent you.
Please contact our San Francisco office should you wish to retain the Law Offices of Lawrence Taylor to represent your case. There is no obligation for the preliminary meeting, which is normally one to two hours long.
