In this article, you can discover…
- The meaning and consequences of a DUI charge.
- How blood alcohol content may impact your case.
- How to understand your rights after a DUI arrest.
What Is A “DUI Charge,” And What Are The Potential Consequences?
A DUI charge means you’re being accused of driving under the influence of alcohol, drugs, or both – but it’s important to know that being arrested for a DUI and being charged with one are two different things.
When you’re arrested for a DUI, the police take you into custody, inform you of the arrest, and might ask you to take a chemical test, like a breathalyzer. You could spend time in jail and will be given a court date. At this stage, you haven’t officially been charged yet.
After your arrest, the police send a report to the District Attorney’s (DA) office in the county where you were arrested. The DA reviews the report to decide whether to file charges, and what kind of charges are appropriate based on the details of your case.
Most DUI charges are misdemeanors in California and fall under two main sections of the California Vehicle Code:
- Section 23152(a): This charge means the DA believes you were driving recklessly or without the care that a sober driver would show.
- Section 23152(b): This charge applies if a chemical test shows your blood alcohol content (BAC) was 0.08% or higher when you were arrested.
If someone was injured or killed in the incident, you could face a felony DUI charge, which carries more serious consequences.
If you’ve been arrested for a DUI, it’s important to contact a lawyer as soon as possible. Make sure to choose someone who understands the local laws in the county where you were arrested, as this can greatly impact how your case is handled. Having the right attorney can make a significant difference in protecting your rights and guiding you through the legal process.
What Is “BAC,” And How Does It Affect A San Francisco County DUI Case?
BAC stands for “blood alcohol content,” which refers to the percentage of alcohol in your bloodstream. In California, a BAC of 0.08% or higher puts you over the legal limit for driving.
It’s important to note that the BAC listed on your citation, often shown as “0.08%,” is just an approximation. The actual results from chemical tests, such as blood or breath tests, can take weeks to come back.
- Blood Tests: If you submit a blood sample, it’s analyzed using a chromatograph, a machine that measures the gasses in your blood to determine your BAC.
- Breath Tests: Breath samples use a conversion calculation to estimate your BAC. However, this method is typically less accurate than a blood test.
The BAC result is a key factor that the District Attorney’s office uses to decide what charges you will face. That’s why it’s critical to have an attorney review the evidence against you. Your lawyer may find video evidence showing that proper procedures weren’t followed when your sample was collected. They may also investigate whether the machines used for testing were faulty or improperly calibrated. If errors are found, your attorney could argue for the charges to be reduced or even dismissed.
Challenging the accuracy of your BAC test can be a powerful defense in your case, and having an experienced attorney review the details is essential.
What Are “Field Sobriety Tests,” And How Reliable Are They?
Field sobriety tests are three tasks designed by the National Highway Traffic Safety Administration (NHTSA) to help officers assess whether a person may be over the legal limit for alcohol or otherwise impaired. If an officer suspects you’ve been drinking, they’ll ask you to perform these tests.
Horizontal Gaze Nystagmus (HGN) Test (“Eye Test”)
In this test, the officer tracks your eye movement by asking you to follow a light or pen. If your eyes jerk or have difficulty smoothly following the object, it can be taken as a sign of impairment.
One-Leg Stand Test
This test requires you to balance on one leg while counting and following the officer’s instructions. Officers look for signs like swaying, hopping, or putting your foot down.
Walk-and-Turn Test
Here, you must take nine steps along a straight line, heel-to-toe, then turn and walk back. Officers watch for balance issues, mistakes in counting, gaps between steps, and failure to follow directions.
But how reliable are these tests? The truth is, many people might struggle to complete these tasks correctly even if they’re completely sober. Factors such as poor balance, nervousness, fatigue, or unfamiliarity with the tests can result in poor performance that mimics impairment.
Because of this, the results of field sobriety tests can often be challenged. Your attorney may question whether the officer administered the test correctly, or call on ex-police officers as expert witnesses to cast doubt on the interpretation of your performance. This can be a key strategy in disputing the reliability of the test results in your case.
Attorney Aaron Bortel is an accomplished, respected DUI attorney serving California. For 30 years, he’s helped clients just like you understand their legal options, protect their rights, and successfully fight unjust DUI charges.
Have questions? In need of an excellent defense? Reach out to The Law Firm of Aaron Bortel at (415) 523-7878 for an initial consultation today.
What Is An “Implied Consent Law,” And How Does It Impact A San Francisco County DUI Arrest?
Implied consent refers to the understanding that, in exchange for driving privileges in California, that you are agreeing to submit to BAC tests if an officer requests a breath or blood sample. If you refuse the BAC test, you could lose your license for a year or more.
If you refuse a BAC test, officers will seek a warrant for a blood sample. It’s important to keep in mind that refusing a blood or breath test will be very hard to fight with the DMV. The DMV is likely to take your license for a year or more.
If this happens, you and your attorney have the option to fight this decision in court, ideally negotiating for refusal charges to be dismissed and allowing you to retain driving privileges.
What Is A “Wet Reckless” Charge, And How Does It Differ From A DUI in San Francisco County?
A “wet reckless” is a lesser charge that comes with milder consequences compared to a DUI. If you’re charged with a wet reckless, you’ll face one year of unsupervised probation, during which you cannot have any alcohol in your system while driving. Importantly, a wet reckless avoids the more severe penalties associated with a DUI, such as jail time, heavy fines, and the suspension of your license.
By contrast, a DUI charge can lead to up to six months in jail, significant fines, and mandatory DUI education classes. If you’re placed on probation after a DUI conviction, you’ll have three years where you’re not allowed to drive with any alcohol in your system— even a blood alcohol content (BAC) as low as 0.02% could violate your probation terms.
In some cases, your attorney may be able to negotiate with the DMV to have your charge reduced from a DUI to a wet reckless. This is a much lighter consequence, often involving only 12-hour DUI classes and allowing you to keep your driver’s license, which helps maintain your independence and ability to drive.
Your lawyer might also suggest proactive steps like enrolling early in DUI classes, attending AA meetings, or participating in therapy or inpatient programs. These actions demonstrate to the District Attorney that you’re taking responsibility and working to address any issues related to alcohol, which could increase the chances of getting your DUI charge reduced or even dropped.
Taking these steps shows a commitment to making sure this situation doesn’t happen again, which can help in negotiations for a more favorable outcome.
What Are The “Administrative Penalties” Related To A DUI, And How Do They Differ From Criminal Penalties?
Administrative penalties are actions taken by the DMV in response to a DUI charge, separate from criminal penalties like jail time or fines. One of the most common penalties is losing your driver’s license, which could last a year or more.
If you’re arrested for a DUI in the San Francisco Bay Area, the arresting officer will take your driver’s license and give you a pink piece of paper. This paper serves as a temporary license for 30 days. It also notifies you that you have 10 days to contact the DMV to request an administrative hearing to challenge the suspension of your license.
At the hearing, you and your attorney have the opportunity to contest the suspension. If you lose the hearing, you face one of two outcomes:
- Four months of no driving, or
- One month of no driving, followed by five months where you can drive only to work, along with having an ignition interlock device installed in your car.
An ignition interlock device requires you to blow into it to ensure there’s no alcohol in your system. If alcohol is detected, the car won’t start.
The best way to fight these administrative penalties is to hire a skilled criminal defense lawyer who has experience handling DUI cases. A good attorney will know what evidence to present to the DMV and can work to reduce or even eliminate these penalties based on the specifics of your case. Having the right legal representation can make a significant difference in your ability to keep your driving privileges.
You Need A Bay Area DUI Attorney Who Is Ready To Fight For You
Many would-be clients ask if they can simply forego an attorney and plead guilty at their court appearance. The reality is that we’re dealing with your constitutional rights and your driving privileges. These are not light matters and require experienced legal help to tackle and contest.
Further, a DUI conviction will be a part of your criminal record. And while this conviction can be expunged after three years, there are still ways for those inquiring to establish that you were arrested and had those charges dismissed. A conviction can impact job opportunities, opportunities to secure a loan, and even your ability to travel legally to other countries.
The reality is that your future will be impacted in some way by a DUI conviction, and fighting these charges is paramount. Get the right attorney on your side. Get a lawyer with decades of experience and a deft knowledge of DUI law.
The Law Firm of Aaron Bortel has 30 years of experience, a track record of success, and a comprehensive grasp of ever-changing DUI laws in the San Francisco Bay Area. Let us review your case and work with the DMV and the District Attorney to fight your charges and fight for your rights, freedom, and driving privileges.
Still Have Questions? Ready To Get Started? For more information on DUI in San Francisco County, CA, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (415) 523-7878 today.
Attorney Aaron Bortel is an accomplished, respected DUI attorney serving California. For 30 years, he’s helped clients just like you understand their legal options, protect their rights, and successfully fight unjust DUI charges.
Have questions? In need of an excellent defense? Reach out to The Law Firm of Aaron Bortel at (415) 523-7878 for an initial consultation today.
