1st dui in San Francisco

1) The DMV proceedings are completely separate from the criminal case in court. If you don't request a DMV hearing within ten days, DMV will automatically suspend your license.

2) Vehicle Code 23152(b) makes it illegal to drive with a blood alcohol level greater than .08%. There can be increased penalties if the blood alcohol is over .15%.

However, even blood tests that are greater than .08 can be attacked. Your blood alcohol level may have been rising, and there is a certain margin of error in any test.

3) Depending on the county and blood alcohol level, a first DUI conviction will result in a fine of around two thousand dollars, a four month DUI class, three years of court probation, including orders not to drive without any alcohol in your blood, and a couple of days in jail or on a work program.

It will stay on your DMV record for ten years, which will increase your insurance rates, and can be used to increase the punishment for any future DUI within that period.

4) Good DUI lawyers aren't cheap. A minimum would be $2500, plus additional fees if the case goes to trial.

5) If you hire an experienced DUI attorney, he or she will set the hearing for you, taking the attorney's schedule into account. Some attorneys also have preferences, such as setting the hearing in person, or getting it in front of a certain DMV hearing officer. The date can usually be changed if you hire a lawyer after setting the hearing, but it's easier to let the lawyer take care of everything.

Your lawyer will make sure you can continue to drive pending the hearing, and can probably make many of your court appearances on your behalf so you won't have to miss work to go to court.

I agree with Mr. Marshall and add the following...

Not only is there a margin of error in any test, there are many ways to attack the blood test results directly. Here in Colorado, and I'm sure in California, there are regulations that must be followed in obtaining the blood sample and then testing it. These regulations are rather specific and are often not followed exactly. Juries don't like it when the regs aren't followed. I've seen juries acquit defendants when their blood test came back at greater than .200 because these regs weren't followed.

Contact local counsel immediately to discuss the matter.

Best of luck.

I agree mostly with California Defense Attorney Marshall and disagree with Out-Of-State Attorney Buckley's answer as it applies to California.

1. Yes it is separate and you only have 10 Calendar days.

2. Yes it matters how much over the limit and the "over" starts with a .08 - there are two levels of enhancement .15 (a consideration) and .20 (even more consideration) for additional expensive and time consuming penalties.

3. (This is where Marshall and I slightly differ) - probation can actually be 5 years, not just 3.

4. A good DUI specific attorney is going to run you at least $2,500.

5. YES - hire prior to scheduling if possible - many times, such as at my office, we attempt to set the hearing in such a manner to get the best outcome for our clients - many times our client's request a hearing in a manner which is not best for their case (i.e. choose a telephonic hearing instead of an in-person - allow the case to be set for the worst day of the week for having it decided, etc. - there are a lot of small nuances that add up).

Good luck with the situation and having done this for almost 13 years in your area and the surrounding area, feel free to call with any other questions. PLEASE REMEMBER TO REQUEST THE DMV HEARING EVEN if you are not ready to hire an attorney - a poorly requested hearing is better than no hearing.

Matthew Williamson
www.MontereyDUI.com
(831) 657-0100