Our DUI defense attorneys appear at the San Francisco Superior Court located at 850 Bryant Street to represent our clients in DUI cases. Misdemeanor cases are heard in one of the courtrooms located on the second floor of the Hall of Justice in San Francisco. If the DUI is charged as a felony, then the case will be heard in one of the courtrooms on the first floor of the Hall of Justice.
We also appear for the California DMV license suspension hearing before a Hearing Officer at the Department of Motor Vehicles’ Driver Safety Office located on the second floor at 1377 Fell Street.
A second DUI charge is for driving under the influence of alcohol, medication or drugs in violation of California Vehicle Code Section 23152, Subdivision (b) after one prior conviction for DUI. Recent DUI statistics in California show that among 2011 DUI arrestees subsequently convicted, 73.7% were first offenders, 19.8% were second offenders, 5.0% were third offenders, and 1.5% were on their fourth-or-more offense.
Attorney for a Second DUI in San Francisco, CA
If you were arrested for a second DUI in San Francisco, CA, then contact an experienced criminal defense attorney at Ticket Crushers. We also represent clients charged with DUI involving a breath test or blood test or a refusal to submit to chemical testing.
The penalties for a second DUI in San Francisco, CA, are serious. Call us today to discuss your case at 1 (866) 842-5384.
First Things First — The DMV Hearing
After you are arrested for a second DUI, the officer will take your license and hand you a notice of suspension. The notice tells you that your license will be automatically suspended based on the circumstances of the arrest. You only have 10 days to demand a DMV hearing to contest the administrative suspension. If you do nothing, the administrative per se (APS) suspension will remain on your driving record even if you ultimately avoid a DUI conviction in court.
For a second DUI arrest, the length of the administrative suspension depends on whether or not you submitted to a chemical test.
The length of the ALS Suspension/Revocation after a DUI arrest in California depends on whether you took the chemical test or refused such a test, and whether you have any prior convictions. If you took a chemical test with a BAC level of 0.08 percent or more, then your driving privilege will be suspended for:
- Four (4) months for a first DUI offense, or
- One year for one or more separate offenses within the past 10 years.
If you refused chemical testing, then your driving privileges will be suspended for:
- For a first offense you will receive a one-year suspension
- For a second offense within 10 years of a separate violation of DUI, you will receive a two-year revocation, or
- For a third or subsequent offense within 10 years, you will receive a three-year revocation
The Criminal DUI Case at the Hall of Justice in San Francisco, CA
In the State of California, a second conviction for DUI within 10 years of a prior conviction will trigger the following:
- Three to five years of summary probation
- A minimum of 96 hours to a maximum of one year in the county jail in San Francisco
- Between $390 and $1,000 in fines
- A requirement to successfully complete an 18-month or 30-month court-approved California DUI school
- A court-ordered two-year driver’s license suspension that cannot be converted to a restricted license for the first 12 months
Finding an Attorney for a Second DUI in San Francisco, CA
If you were arrested for a second DUI in San Francisco, CA, then contact an experienced criminal defense attorney. The penalties are more serious for a second DUI offense than for a first DUI arrest. When the stakes are high, finding the right attorney for your case is important.
Call the San Francisco DUI Defense Attorneys at Ticket Crushers to discuss your case today. Contact us at 1 (866) 842-5384 today.
Related Articles:
- Blood Test
- Breathe Test
- DUI in Commercial Motor Vehicle
- DUI Personal Injury Claims
- Sobriety Checkpoints
- Underage 21 DUI in California
What is a DUI defense in California?
A DUI defense in Southern California, particularly in areas like San Mateo County, involves specialized legal strategies employed by defense attorneys to challenge the prosecution’s case against individuals charged with driving under the influence. These experienced DUI defense lawyers are well-versed in the intricacies of DUI laws and can provide guidance throughout the legal process, ensuring a comprehensive approach to protecting your rights.
What is the legal blood alcohol limit in California for DUI?
In California, the legal blood alcohol limit for DUI, especially in areas like San Mateo City, is set at 0.08% for individuals aged 21 and older. This means that exceeding this limit can result in DUI charges.
What are the penalties for a first-time DUI in California?
When individuals in San Mateo County and surrounding areas are charged with a first-time DUI offense, they may face severe penalties. Specialized DUI defense attorneys in these regions can tailor their defense strategies to the unique aspects of local jurisdictions, working to minimize penalties like license suspension, fines, probation, and even jail time.
How long does a DUI stay on your record in California?
A DUI can stay on your record in Southern California for up to 10 years, with no possibility of expungement.
Can you refuse a breathalyzer test in California?
In San Mateo City, it’s crucial to understand the implications of refusing a breathalyzer test. DUI defense attorneys with local knowledge can provide tailored advice, considering the implied consent law and its application in the specific jurisdiction. They can help you make informed decisions regarding testing and guide you through the potential consequences.
What are the consequences of refusing a DUI test in California?
Refusing a DUI test in Southern California can result in administrative penalties like license suspension under the implied consent law.
How much does a DUI defense cost in California?
The cost of DUI defense in California varies but often ranges from $2,500 to $5,000 for first-time DUI representation. It’s essential to choose a DUI defense attorney familiar with the local landscape, to ensure that your defense strategy aligns with the specific jurisdiction’s legal nuances.
Can you get a DUI expunged in California?
A DUI conviction cannot be expunged in Southern California, but DUI defense attorneys in San Mateo County can guide you through alternative legal strategies and programs to minimize the impact of a DUI conviction on your record.
Do I need a lawyer for a DUI in California?
When facing a DUI charge in California, it’s crucial to seek legal representation from a specialized DUI defense attorney, particularly in regions like San Mateo County. These experienced attorneys understand the local legal landscape and can provide guidance and legal defense strategies tailored to the specific jurisdiction, ultimately improving your chances of a favorable outcome
Are there DUI diversion programs in California?
California does offer DUI diversion programs in areas like San Mateo County, as alternatives to traditional DUI penalties, allowing eligible individuals to address underlying issues and potentially have charges dismissed or reduced.
Is a wet and reckless better than a DUI?
A wet and reckless charge is offered as an alternative to a DUI in California, with potential benefits due to lighter penalties and less severe long-term consequences. Specialized DUI defense attorneys in these regions can assess whether a wet and reckless charge is the right choice based on your case’s unique circumstances and local jurisdiction.
What is the difference between a DUI and a wet and reckless in California?
A wet and reckless is a reduced charge involving reckless driving under the influence of alcohol, offered as an alternative to a standard DUI charge. It may carry lighter penalties, but it’s essential to consult a DUI defense attorney with local knowledge to navigate the jurisdiction-specific aspects of the charge.
How long does a wet reckless stay on your record in California?
A wet reckless conviction in California can remain on your record for up to 10 years, with visibility during that time frame, particularly to law enforcement and government agencies in areas like San Mateo County and Southern California.
What is a wet and reckless in California?
A wet and reckless is a reduced charge involving reckless driving with alcohol or being under the influence of drugs. It’s offered as an alternative to a standard DUI charge. It may carry lighter penalties, but it’s essential to consult a defense lawyer with local knowledge to navigate the jurisdiction-specific aspects of the charge.
How long is probation for a wet reckless in California?
Probation for a wet and reckless charge in Southern California usually lasts three to five years, with standard terms and conditions, but may vary based on specific jurisdiction requirements, making the assistance of a defense lawyer essential to ensure compliance and resolution of the case effectively.
