DRIVING UNDER THE INFLUENCE (DUI)

Driving Under the Influence is a very serious offense with serious consequences.  If you get a DUI, your license will automatically become suspended unless you take immediate action and contact the DMV to request an Administrative Hearing within ten days of arrest. Many attorneys charge an additional fee or simply do not handle DMV Administrative Hearings. My services are inclusive of both the Court and the DMV proceedings. I prepare for the DMV hearings with the same detail and energy as I would the Superior Court proceedings because I understand that your driver's license is very important. The Administrative Hearing also offers an opportunity to cross-examine witnesses on record. This record can become admissible in any later Court proceedings. Should you lose your Administrative hearing, I can still assist you in obtaining a restricted driver's license after a 30 day suspension. Don't let a failure to act result in a suspended license!

Most DUI's in California are charged as misdemeanors and not felonies.  The client may have the right to a 977 waiver in the Court. A 977 waiver allows the proceedings to occur without the Defendant present. In short, I will be in court for you so you don't have to be there. Most DUI defendants are not hardened criminals and being in the defendant section of a Court House can be less then comfortable.

Driving Under the Influence is a very serious offense with serious consequences.  If you get a DUI, your license will automatically become suspended unless you take immediate action and contact the DMV to request an Administrative Hearing within ten days of arrest. Many attorneys charge an additional fee or simply do not handle DMV Administrative Hearings. My services are inclusive of both the Court and the DMV proceedings. I prepare for the DMV hearings with the same detail and energy as I would the Superior Court proceedings because I understand that your driver's license is very important. The Administrative Hearing also offers an opportunity to cross-examine witnesses on record. This record can become admissible in any later Court proceedings. Should you lose your Administrative hearing, I can still assist you in obtaining a restricted driver's license after a 30 day suspension. Don't let a failure to act result in a suspended license!

DUI Checkpoints are no laughing matter

The standard term punishment for a first time offender includes 3 to 5 years out of court probation, 2-10 days of jail time that can be served through a work program and 3 to 9 months of DUI classes and up to 2,000 fines and fees. If your BAC is above a .15%, the prosecutor will ask for a sentence that is harsher. A negotiated settlement can often result in only one day jail time or work program and community service rather than fines and fees. Also, you can hire our firm to expunge your case after you have finished your probation for an additional fee. ​

Like any crime, the State must show every element of the crime BEYOND A REASONABLE DOUBT; and like most crimes a DUI is in fact defendable. Common DUI defenses include a bad stop, resulting in all other evidence being suppressed, rising blood alcohol level (showing that at the time of driving the BAC was within the legal limit), non-driving defense, drinking after driving defense or attacking the science of the blood draw or the breath test. When defending a DUI I work closely with an expert forensic toxicologist to ensure that if there is an issue with the science, we will find it and present it, to ensure the best outcome for the client.

Even if you believe that the State has a sure bet case against you for your DUI, we can still present the "human side" of your story to ensure a compassionate negotiated sentence. 

Most DUI's in California are charged as misdemeanors and not felonies.  The client may have the right to a 977 waiver in the Court. A 977 waiver allows the proceedings to occur without the Defendant present. In short, I will be in court for you so you don't have to be there. Most DUI defendants are not hardened criminals and being in the defendant section of a Court House can be less then comfortable.

The standard term punishment for a first time offender includes 3 to 5 years out of court probation, 2-10 days of jail time that can be served through a work program and 3 to 9 months of DUI classes and up to 2,000 fines and fees. If your BAC is above a .15%, the prosecutor will ask for a sentence that is harsher. A negotiated settlement can often result in only one day jail time or work program and community service rather than fines and fees. Also, you can hire our firm to expunge your case after you have finished your probation for an additional fee. ​

Like any crime, the State must show every element of the crime BEYOND A REASONABLE DOUBT; and like most crimes a DUI is in fact defendable. Common DUI defenses include a bad stop, resulting in all other evidence being suppressed, rising blood alcohol level (showing that at the time of driving the BAC was within the legal limit), non-driving defense, drinking after driving defense or attacking the science of the blood draw or the breath test. When defending a DUI I work closely with an expert forensic toxicologist to ensure that if there is an issue with the science, we will find it and present it, to ensure the best outcome for the client.

Even if you believe that the State has a sure bet case against you for your DUI, we can still present the "human side" of your story to ensure a compassionate negotiated sentence. 


Get the right representation!

Have Rebecca on your side...

1. WHERE CAN I FIND A FIRST OFFENDER PROGRAM?

Here is a list:   Adobe Acrobat Logo   DUI programs bay area


2. DO IS NEED SPECIAL INSURANCE IF I GET A DUI? 

Yes.  Get: SR-22 Insurance


3. WHAT ARE THE IMMIGRATION CONSEQUENCES? 

Here is the list: Adobe Acrobat Logo immigration consequences of a DUI. 
(Please contact your immigration attorney for advice! I am not an immigration attorney).


4. HOW DO I GET MY DRIVER'S LICENSE BACK?

DMV Information. 

 

San Francisco Bay Area Counties
  • DMV Per Se Hearings After a DUI Arrest

    The department of motor vehicles will suspend or revoke the driving privileges of an individual after a DUI arrest involving alcohol if:
    - You take a chemical test that shows a BAC level of .08% or higher for a non-commercial driver or .04% for a commercial driver or .01% if you are under 21 or on DUI probation

    OR

    -If you refuse or fail to complete a chemical test to determine your BAC

    YOU HAVE A RIGHT TO A HEARING WITH THE DMV BUT IT MUST BE REQUESTED WITHIN 10 DAYS OF THE INCIDENT or your license will automatically be suspended.

    Your license will remain temporary if you request a DMV hearing within 10 days pending the outcome of the hearing.

  • How Long will my Driving Privileges be suspended?

    If you are 21 or older and you had a .08 BAC or higher with no prior offenses you will suffer a 4 month suspension. You are immediately eligible for a restricted drivers license with the installation of an interlock device if the arrest happened after January 1, 2019.

    If you were under 21 and had a .01% BAC or higher you will receive a 1 year suspension. You may apply for a hardship license through the DMV.
    IF you were driving a commercial vehicle you must downgrade to a class B drivers license before being eligible for a restricted license. You will loose your commercial driving privileges for 1 year.

  • How Do I get a restricted Drivers License?

    You may apply immediately for a restricted license with the installation of an Interlock Device (IID). With this restriction you may drive at any time to any place, as long as the vehicle is equipped with an IID. You will have this IID restriction for 4 months.

    To get your IID restriction lifted you will need to:
    - Visit your local DMV (appointment recommended)
    - Provide proof of enrollment in a first offender DUI program
    - Provide proof of insurance (SR22)
    - Provide proof of IID (DL920)
    - Pay $125

    You may also apply for a restricted license without the installation of an IID. This type of restricted license is to allow you to drive only to and from employment and your treatment program. You will hold this type of restricted license for 5 months.

    To apply for this type of restricted license you must:

    - Serve 30 days of a hard suspension
    - Visit DMV Office
    - Provide proof of DUI class enrollment
    - Proof of insurance (SR22)
    - Pay $125

  • How Do I get my License Fully Reinstated

    To fully reinstate your driving privileges with no restrictions you must serve your full suspension or restricted period, you must provide the DMV with proof of completion of a DUI program, and proof of SR22 insurance.

    You must maintain SR22 insurance for a period of 3 years.