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San Francisco DUI Lawyers

• Cox, Kathryn: An experienced trial attorney who will advocate for you, communicate with you, and work to achieve the best result for you.
• Bogosian & O'Malley: he information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.
• Perez, Anthony: 5ÊCRITERIA TO OBTAININGÊA CRIMINAL ATTORNEY FOR YOUR MATTER Ê 1. EXPERIENCE.Ê If you or a loved one has been charged with a crime as an adult or as a juvenile, you need the counsel and advise of an experienced attorney.Ê Ask the attorney if they have experience in prosecution.Ê Why?Ê Because knowing how a prosecutor thinks and prepares a case gives you an advantage when defending a case. Ê 2.ÊÊKNOWLEDGE IN YOUR PARTICULAR SUBJECT MATTER.Ê Ask whether the attorney has any knowledge in your particular area of concern.Ê If you've been charged with domestic violence, ask the attorney if they have experience in that area.ÊÊIf you've been charged with assault or a gang related crime, ask the attorney if they have knowledge of not only the crimes charged but of any enhancements that may be alleged. Ê 3.Ê INTERVIEW THE ATTORNEY.Ê Meet with your attorney personally before intering into a legal services agreement.Ê Interview the attorney about everything, including whether they have professional insurance.Ê Try to get a read on whether you feel comfortable with them, whether you feel confident in them, whether they come accross as being knowledgable and confident in their abilities to represent you in the manner you want to be represented.Ê That includes open and frank discussion of your matter.Ê If your attorney is guarantying an outcome, hold onto your money and look for someone else.Ê There are no guarantees in criminal defense outcomes. Ê Ê 4 COMMUNICATION.Ê Just like location, location, location is of utmost importance in buying real estate, COMMUNICATION, COMMUNICATION, COMMUNICATION is of utmost importance in your attorney-client relationship.Ê Make sure to satisfy yourself that the attorney you bring on board will keep you informed as your matter progresses and that they will take your calls or return them in a timely manner. Ê 5.Ê GET IT IN WRITING.Ê Lastly, make certain the attorney provides to you a written agreement that sets forth the legal services to be provided and the cost of those legal services.
• Jina Nam: Charged with a Crime? DonÕt Get Treated Like a Criminal!
• Christopher Shea: When subjected to a criminal investigation or prosecution, professional legal advice is essential to the accused. A suspect in a criminal case needs immediate advice from an experienced attorney as early in the process as possible.
• Campbell & Jayne: In California, it is illegal to drive under the influence of drugs or alcohol. It is illegal to operate a motor vehicle with a blood alcohol reading .08 percent or higher. Anyone who has a driver's license gives permission to be tested for chemicals in their body by blood or breath. Furthermore, with the zero-tolerance law, drivers younger than 21 who have a blood alcohol reading higher than .05 percent may be arrested and could have their license suspended or revoked. If an owner or driver of a vehicle has an open container of alcohol in a vehicle, except in a trunk or out of reach of occupants, they may be charged with violating the open container law. It also is illegal for truckers to operate a commercial vehicle if they have a blood alcohol reading higher than .04 percent. There are essentially two legal proceedings for every driving under the influence arrest: one in the court system and one with the Department of Motor Vehicles. Several factors influence the punishments for a DUI conviction: 1. Having a prior conviction within the past seven years 2. Speeding 20 mph or more at time of DUI 3. Exceeding a blood alcohol reading of .15 percent 4. Refusing to submit to a chemical test 5. Having a child 14 or younger in the car at the time of the DUI Penalties range from suspension or loss of license to jail time and fines. For a first conviction, a driver could receive from 96 hours to six months in jail with an additional three to five years on probation. Blood Alcohol Levels * ¥ (.01% - .04%) May be DUI: Anyone, after one drink during a two-hour period - and people weighing 170 pounds or more, after two drinks. ¥ (.05% - .07%) Likely DUI: People weighing less than 170 pounds, after two drinks - people weighing 150 pounds or more, after three drinks - and people weighing 190 pounds or more, after four drinks. ¥ (.08% - UP) Definitely DUI: People weighing less than 150 pounds, after three drinks - people weighing less than 190 pounds, after four drinks - and anyone, after five drinks. *NOTE: These are just estimates and may vary due to additional factors.
• MARK MALACHOWSKI: An aggressive, effective defense is your best bet on protecting your rights. A loose tie or a rumpled shirt may be cited as evidence that you are drunk. Even your attitude, whether you are friendly, scared, annoyed or nervous, will be used as evidence against you. Every word you say to the police will be paraphrased or twisted into a confession.Ê The prosecutor will use your falling into the trap of not properly following instructions, such as by using your arms to balance yourself, which is aÊ normal physiological response, to nail the lid shut on his case. Even looking for your license and registration will be used against you. Ê Blood alcohol test methods are flawed, and are subject to interferences and operator error. The instrument most often used, the breathalyzer, measures a methyl group rather than ethyl alcohol (ethanol) itself, and thus the reading could be a result of a different chemical altogether.Ê High blood alcohol levels may not be indicative of alcohol consumption. Experiments have shown that a zinc deficiency can double the amount of alcohol found in blood, thus calling into question whether blood alcohol is a reliable measure of consumption.ÊÊÊ Do not gamble on going to court without an attorney.
• Walston Law Group:

  
  Drunk Driving, DUI, DWI

  or Drunk driving, is the action of operating a vehicle while under the influence of alcohol, controlled substance, medication, or prescription that impairs the driver's ability to operate the vehicle. The consequences for the conviction of Driving Under the Influence may possibly include the loss of driverâs license, loss of auto insurance, probation or parole, court-ordered driving school, hefty fines, court-ordered ignition device, vehicle impound, jail time and more.

  DUI Consequences

  The likelihood of any of those consequences depends on the following: similar or any prior convictions, community and court attitude toward this type of crime, any media attention, aggravating or mitigating circumstances, if an accident was involved, blood alcohol level, and more.

• Tim Pori: From the first moment law enforcement officials suspect that you committed a crime, you must act to protect your Constitutional Rights. Whether your are innocent or not, the police and district attorney will try to convict you. Police Officer looking friendly while collecting evidenceThe police and prosecutors often convince themselves of a person's guilt early in their investigation, and then they will view all facts as supporting the proof of your guilt. Their behavior may be just human nature, but because of their biased actions you could wind up in jail convicted of a crime you didn't commit or sent to prison for something more serious than you did. You need to protect yourself.
• Marshall Schulman: Attorney Profile:Lecturer, State Bar of California Annual Seminar and Criminal Law Section: "DUI/DMV A Comprehensive Program", 1994; Multiple Aspects of DUI Cases, "DUI/DMV Proceedings", 1998; Multiple Aspects of DUI Cases, DMV APS Proceedings and Protocols", June 1999; Multiple Aspects of DUI Cases, "DUI Cases/DMV Proceedings and Protocols", October 1999; Multiple Aspects of DUI Cases, "DUI/DMV Proceedings and Protocols", October 2000;
• Garrick Lew: Can I be arrested for questioning?
  No. Police can request that you accompany them to a police station for questioning, but you are not required to go unless you have been arrested for an offense. It is not advisable to speak with the police until you have first spoken with your attorney. You should ask for a lawyer or independent witness to be present during questioning.
  
  What happens if I am arrested for breaking a criminal law?
  If you are arrested for breaking a criminal law, the case is taken before a magistrate who may issue a warrant if necessary and set bond for appearance in court. If the defendant cannot post bond, he or she may be incarcerated pending appearance in court. If bond is posted, he or she will remain free pending appearance at an arraignment. An arraignment usually occurs within 24 hours of the arrest, or the first date available if on a weekend or holiday. The arraignment is held before a judge who formally tells the defendant the offense in which he or she is being charged, informs the defendant of their constitutional rights, and of the possible penalties involved. The defendant will enter a plea of guilty or not guilty at this time, bond may be reviewed, and a date for the next hearing will be scheduled.
  
  What is a plea bargain?
  Settling a criminal case is usually called a plea bargain. It means that the prosecution and the defense come to an agreement to resolve the case. The case can be settled at several points during the process, from before it is charged- all the way to trials doorstep. Usually, however, the best bargain can be obtained earlier rather than later in the process. And in many cases, it is a question that should be analyzed immediately so that good opportunities to settlement aren’t given up because of pride or inattention.
  
  
• Lisa Dewberry: A continuance is an adjournment or a postponement of a case. A continuance may be sought by either the prosecution or the defense in a criminal case. The continuance may be sought before a trial or during the trial.
• James Driscoll: If you have been charged with drunk driving (California DUI), then you want experienced representation in your legal corner. You want an attorney who understands blood alcohol content (BAC) levels, understands how to investigate the legality of the stop, knows how to question the validity of field sobriety tests and breathalyzer tests, and knows how to investigate into the constitutionality of any incriminating statements made to the police.
• Petersen Law Office: Have you been placed under arrest, charged with a crime or are you under investigation by the Police? You need a lawyer on your side right now!
• Paul Puri: I consider myself a freedom lawyer; I practice accusation law. I don't like the term 'criminal defense,' because you're not a criminal if the prosecution can't prove its case. So let's get it right. This is the law of accusations, not criminals.
• Tamburello & Hanlon: Although investigative detentions that fall short of arrest do not require a warrant and may be based on less than probable cause, the Fourth Amendment requirement of reasonableness is applicable "whenever a police officer accosts an individual and restrains his freedom to walk away." The test of reasonableness for a Terry detention is whether a police officer can point to "specific and articulable facts" that would lead a neutral magistrate to conclude that both an investigative stop and a frisk were required. Applying this test to the facts of the case, the Court held that the police officer was justified in frisking three men who appeared to be casing a store for armed robbery. The Court reasoned that the police officer was reasonably led to believe that the men were armed and dangerous, and that the officer's safety required a frisk. However, the scope of the frisk must be limited to discover the object of the frisk (e.g., dangerous weapons).
• Clifford Gould: If a driver's BAC is at or above a set limit in a state, he will be deemed "per se intoxicated" and no additional proof of impairment is needed to convict him of DUI. "Per se" BAC levels range from .08% in most states to .10% in others. However, a driver can still be arrested and convicted for DUI without a determination of "per se intoxication," if the driver shows other evidence of impaired driving. The National Highway Traffic Safety Administration (NHTSA) has published 20 signs to assist officers in detecting drunk drivers, including wide turning radius, weaving, speed more than 10 miles below the legal limit, following too closely and braking erratically.
• Michael Raifsnider: When a police officer suspects you of being under the influence, he can order you to take field sobriety tests (FSTs). You can refuse to take these tests, but the result will invariable be your arrest. On the other hand, if you do attempt to perform field sobriety tests, their subjective nature pretty much ensures you'll fail anyway. Some police officers carry with them a portable breathalyzer. If you don't want to risk taking the FSTs, but feel you are not under the influence, you might want to ask to take the PAS test, or portable breathalyzer. This should convince the officer of your sincerity in refusing to try to perform the mostly subjective FSTs.
• Gasner, Spahr & Larson: Drunk driving arrests CAN be fought and won. However, it is vital that you contact an attorney immediately before your rights are lost. Your arrest can lead to an administrative suspension of your license by the DMV even BEFORE your first appearance in the criminal courts and it is therefore crucial that you contact us within a few days of your arrest or citation for drunk driving.
• Stephen Eckdish: Attorneys must now be ever vigilant in order to avoid the many harsh immigration consequences facing aliens in the criminal courts. Counsel must be able to recognize and creatively eliminate any deportable convictions for aggravated felonies, crimes of violence, drug offenses and crimes of moral turpitude.
• Aaron Bortel: Being arrested for Driving Under the Influence (DUI) can result in very serious consequences, including jail, large fines, probation, mandatory alcohol programs, canceled insurance, loss of employment and more. Regardless of whether you are convicted of DUI, the Department of Motor Vehicles (DMV) could restrict, suspend or revoke your driving privilege within 30 days of your arrest unless you take action within 10 days of your arrest. The good news is that DUI arrest does not mean you must suffer the consequences of a conviction or loss of driving privilege! With the right attorneys on your side you have a chance of getting the charges dismissed or reduced and keeping your driving privilege.
• Campbell & DeMetrick: If you are charged with a DUI in California these are your rights: You have the right to be represented by an attorney at all stages of the proceedings, and if you cannot afford an attorney, the court will appoint one for you. You have the right to a trial on the charge of any alleged prior conviction and specifically a right to a trial by a jury of twelve persons, all of whom must agree to a verdict before you may be found guilty. You have the right to subpoena into Court evidence and witness on your behalf, including your right to testify on your own behalf. You have the right to confront witnesses against you and cross-examine them. You have the right against self-incrimination, which means the right to remain silent and the right not to testify against yourself.
• David Wise: You should ... retain and consult with a criminal defense attorney about the specific facts of your case, and follow your attorney's advice.
• Quigley & Bortel: Being arrested for Driving Under the Influence (DUI) can result in very serious consequences, including jail, large fines, probation, mandatory alcohol programs, canceled insurance, loss of employment and more. Regardless of whether you are convicted of DUI, the Department of Motor Vehicles (DMV) could restrict, suspend or revoke your driving privilege within 30 days of your arrest unless you take action within 10 days of your arrest. The good news is that DUI arrest does not mean you must suffer the consequences of a conviction or loss of driving privilege! With the right attorneys on your side you have a chance of getting the charges dismissed or reduced and keeping your driving privilege.
• Robert Tayac
• Joshua Dale: Legal representation can prepare you for success in the court and DMV processes.
• Scot Candell: Don't fight the system by yourself. More than your license is at stake.
• Brian Dinday: Let's straighten out one term right away. We commonly say "drunk driving", but you do not have to be "drunk" to get convicted of this crime. If your ability to operate your vehicle is impaired in ANY SLIGHT DEGREE by alcoholic beverage or drugs, you risk jail, license suspension, mandatory counseling, and probably auto insurance rate increases. You also risk a criminal conviction if your blood alcohol level is 0.08% or more, whether or NOT you are impaired. Conversely, if you are impaired, it doesn't matter if your blood alcohol level was only 0.03.
• Tim Gomes: DUI remains one of the most serious consequences facing families today. Once you are arrested for dui your job and family is threatened with economic hardship of a significant nature.
• Steven Helfand: Many people charged with DUI believe that if they just "plead guilty" and "throw themselves on the mercy of the Court," the charges will go away. This is a serious mistake because there are numerous defenses to a DUI charge. As such, you may not have to plead guilty, have your driver's license suspended or restricted, pay a substantial fine, or even go to jail. Only a skillful DUI attorney can properly investigate the circumstances surrounding your arrest to determine which defense you should proceed with.
• Kapsack & Bair: On your ticket, or somewhere in your paperwork, the date, time and location for your first court appearance will be listed. If you haven't hired an attorney, you must attend court on that date and time. Following the attorney represented cases the judge will begin calling the non-attorney cases. At some point the judge will ask you to enter a plea to the charges, at this time you must plead either guilty or not guilty. Depending on your plea the judge will ask you several questions aimed at determining whether you want to waive your constitutional rights including your right to a speedy jury trial.
• John Runfola: Vehicular Crimes and DUI While often not a high-profile crime, being charged with driving under the influence of alcohol or drugs can have a significant impact on a persona's life and or livelihood, particularly in the tragic event of an injury or fatality.
• Charles Smith Properly handled, most DUI cases do not result in jail time, some cases are dismissed, others are plea bargained away. In many cases the judge and the district attorney really do not want you to go to jail. Jail is expensive for the government.
• Jeffrey Schwartz: BAC Charts
• David Wool: Just because you get arrested does not mean it is time to surrender, put up the white flag, and throw in the towel. Keep in mind that even if the evidence in the case against you seems overwhelming; a good attorney (especially one who is familiar with the judges and prosecutors who will be assigned your case) can make a BIG difference in the outcome you will have to live with.
• Walia Law Firm: An ideal criminal defense lawyer in San Francisco, Oakland, San Jose, and anywhere in California should know how to manage all stages of a criminal prosecution, including pre-charge investigations, interrogations, pre-trial negotiations, trials, appeals, creative sentencing schemes, later parole hearings, early probation termination, pardons and expungements.