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What to Do if You’re Arrested for DUI in San Francisco
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What to Do if You’re Arrested for DUI in San Francisco
Getting arrested for DUI can be scary and overwhelming. But don’t panic! Here’s a guide to help you understand what to do if you’re arrested for DUI in San Francisco.
The Arrest
If a police officer suspects you of driving under the influence, they can pull you over and ask you to take a breathalyzer test. If you fail the test or refuse to take it, you’ll likely be arrested on the spot.
When you’re arrested, the officer will handcuff you and take you to the nearest police station. They’ll confiscate your license and process you by taking your fingerprints and mugshot. You’ll also be asked to take a chemical BAC test – either a blood, breath, or urine test.
Getting Out of Jail
After processing, you’ll be booked into county jail. But you likely won’t have to stay there long. You can be released in a few hours once you pay bail or bond or are released on your own recognizance (without paying bail).
Bail is money paid to the court to secure your release from jail until your trial. For a first DUI offense, bail is usually $5000. Many people use a bail bondsman, who will post your bail for a 10% fee, so you’d pay $500.
If it’s your first DUI arrest with no criminal record, the judge may release you on your own recognizance. This means you’re released without paying bail, but you must promise to return for your court dates.
Getting Your Car Back
After a DUI arrest, your car will be impounded for 30 days. You can get it back sooner if you request a DMV hearing within 10 days of your arrest. At the hearing, the DMV will decide if the police had probable cause to arrest you. If not, you can get your license reinstated and car released.
To get your car back after 30 days, you’ll need to pay all towing and storage fees. This usually costs around $1000-$2000 for a 30-day impound.
Getting Your License Back
After a DUI arrest, your license will be automatically suspended for 4-10 months. The exact length depends on factors like your BAC level and if you refused chemical testing. To get your license reinstated, you must:
- Request a DMV hearing within 10 days and win your case (optional)
- Pay license reissue fee of $125
- File proof of insurance SR-22 for 3 years
- Complete DUI school and treatment programs if required
You can get a restricted license to drive to work, school, or DUI programs once you enroll in a DUI class. And you may be able to get an ignition interlock device installed so you can drive to these places.
Getting Legal Help
A DUI conviction can result in hefty fines, jail time, license suspension, and other penalties. So it’s critical to get legal help from an experienced DUI attorney. A lawyer can review your case for illegal stops, faulty breathalyzers, and other ways to get charges reduced or dismissed.
Hiring a private attorney costs around $2000-$5000 for a DUI case in San Francisco. Or, if you can’t afford a lawyer, request a public defender at your first court appearance.
Fighting DUI Charges
There are many ways a skilled DUI lawyer can get charges against you dropped or reduced. Here are some of the most common DUI defenses:
- Illegal traffic stop – If there was no probable cause for the officer to pull you over, evidence can be suppressed.
- Faulty breathalyzer – These machines can have errors. Your lawyer can challenge the results.
- Rising BAC – Your BAC may have been lower when driving than when tested.
- Medical conditions – Some conditions like diabetes can mimic signs of intoxication.
- Medication interactions – Some meds like antidepressants can cause false positives.
An attorney may also be able to negotiate a plea deal, such as pleading to a wet reckless charge instead of DUI. This carries less severe penalties like no license suspension.
DUI Costs and Penalties
If convicted of DUI in San Francisco, here are some of the average fines and penalties you may face:
- Fines and fees – $2000-$5000+
- Jail time – 2 days to 6 months
- License suspension – 4-10 months
- DUI classes – 3-9 months
- Ignition interlock device – 6 months
- SR-22 insurance – 3 years
Penalties get more severe for repeat DUIs. And if you caused an accident or injury, you may face additional civil lawsuits and damages.
Moving Forward After a DUI
Having a DUI arrest on your record can negatively impact your life for years. It can make it harder to find a job, rent an apartment, get car insurance, and more. But there are ways to move forward:
- Complete all DUI program requirements like classes, treatment, community service, etc.
- Consider counseling or support groups to change unhealthy drinking habits.
- After your license suspension ends, consider installing an ignition interlock device voluntarily to show you’re committed to safe driving.
- Reinstate your license and carry proper auto insurance.
- If you’re convicted, petition the court to reduce the charges to a lesser offense after a period of time.
Don’t let one mistake define your future. Learn from the experience and take steps to prove you’ve changed for the better.