Have There Been Recent Changes In Misdemeanor DUI Laws In San Francisco?

Over the last couple of years, there have been a lot of changes that relate to DUI cases in San Francisco. Changes that are important for you to understand if you or a family member has been charged with Driving Under the Influence (DUI).

Understanding The Legal Context Of Driving Under The Influence Charges

Most DUI cases are misdemeanor cases. As long as a person who’s charged with a DUI did not cause an injury or serious injury, they will most likely be charged with a misdemeanor DUI. A misdemeanor DUI is usually a first, second, or third DUI within the last 10 years.

A first offense DUI means that there are no prior DUI convictions or arrests that have led to a conviction within the last 10 years.

A Bay Area Shift Toward Leniency Even In DUI Cases

San Francisco started adjusting how they handled DUIs in early 2019. Then, with a new DA coming into San Francisco toward the end of 2019, we began to see drastic changes.

In regard to changes for normal DUI situations in which someone’s between a 0.10% and a 0.11% to a 0.15% and 0.16%, I’ve seen the district attorney’s office willing to reduce charges or allow a plea if the case doesn’t go to trial. In these cases, a DUI could be reduced to a wet reckless. Previously, you would have had to have been close to the legal limit of 0.08% to even be able to negotiate for a wet reckless.

These numbers have changed a lot over the years in San Francisco. Currently, I’ve had cases where my client had a 0.15% or 0.16% blood alcohol level, and the DA allowed that if my client was willing to do a number of things ahead of time, the charges could get reduced to a wet reckless. In turn, my client would have to participate in a DUI school, attend a MADD Victim Impact Panel, and perform community service through the Sheriff’s Alternative Work Program (SWAP) instead of jail.

For SWAP, I generally negotiate a certain number of hours with the prosecutor. So, instead of having an offer for a first offense DUI, which carries three-year unsupervised probation with a fine of about $1,700 or $1,800, we could get charges reduced to a wet reckless.

Why Is Getting A DUI Charge Dropped To Wet Reckless So Significant?

Unlike a DUI, a wet reckless typically carries 18 months of unsupervised probation. That’s important because that’s the amount of time during which you cannot have any alcohol in your system while driving a motorized vehicle.

A wet reckless also results in a lower fine, closer to $800. It’s a little less than half the fine you would have for a regular DUI. If we can win a DMV hearing with a wet reckless, then you’d only have to complete a 12-hour DUI school program instead of a three-month DUI school program. Moreover, DUI programs are now being offered through Zoom or online through California providers.

Many prosecutors are now seeing that the most important thing about a DUI is whether it’s priorable. A wet reckless is priorable, whether it’s a wet reckless or a first offense. That means that if you get another one within 10 years, it would count as a second offense. They know that if you plead to a wet reckless, you still have that hanging over your head, and they are not as concerned for the fine amount.

Ultimately, prosecutors want you to complete DUI school as well as the Victim Impact Panel. Those two things are the most important elements to prevent recidivism. Current California law has helped with recidivism, fortunately.

What Happens If You Cannot Win My License Hearing At The DMV?

If you are not able to win the hearing with the DMV, one of your options (if you don’t have a work-only restricted license for a long period of time) is to get an ignition interlock on your car. An ignition interlock device requires you to blow into it to be able to start the car. The car will not start if there is a certain amount of alcohol in your system.

These options, and more, are part of what a DUI-focused defense lawyer can bring to the table.

Why Is Avoiding A DUI Conviction Worth The Cost Of Hiring A Specialized DUI Defense Attorney?

DUIs are very damaging to your record, credit, and travel circumstances. For one, you can’t get Global Entry with a DUI on your record.

If you get a DUI in San Francisco, typically, the education portion of the conviction is what the prosecution wants to focus on if this is your first offense.

Over the years, the DA has added more education, and the Victim Impact Panel, the MADD Program, is very effective and intense. I’ve had a number of clients who have done it, come back and said, “Wow! I think that alone has changed me.”

Thus, it is having an effect. The last thing we want is people getting in trouble and drinking and driving again when it’s happened once.

It would be nice for society if it never happened at all, but we live in a society where there’s a restaurant or bar on every corner.

As long as there is going to be that much alcohol out there, we are going to have DUIs. It’s a part of our society, and in order to get people to not repeat their mistakes, we need education.

Education is the answer to almost every problem where the law comes into play, where arrests happen, where convictions happen, and where lives are being ruined. Education is the answer, and the San Francisco District Attorney’s office is working towards that as its way to address these issues.

More Information

• How The California DMV’s New Procedures Impact APS Hearings And DUI Court Cases
• Why Early Legal Representation Can Make Or Break Your California DUI Case
• Navigating The Legal Consequences Of A DUI: What You Need To Know
• Defining Actual Physical Control In DUI Cases
• How To Navigate The Aftermath Of A DUI Arrest In California
• DUI Legal Assistance In California
• Understanding Enhanced DUI Penalties In Sonoma And San Mateo Counties
• Negotiating A Plea Deal In Marin County
• Plea Deals In DUI Cases
• Hiring A Cheap DUI Lawyer In San Francisco
• Everything You Didn’t Know You Needed To Know About Remote DUI School In California
• Zooming Through DUI School – Remote DUI Programs In Marin County California
• Arrested For Driving Under The Influence Of Drugs: What Happens Next?
• Everything You Need To Know About Plea Deals In Bay Area DUI Cases
• Navigating Commercial DUI Law Cases
• How A Lawyer Changes Everything For Your DUI Law Case
• How To Beat Your DUI Case In Marin County, CA
• DUI Alternative Sentencing In San Francisco
• Alternative Sentencing In Your DUI Law Case
• How To Get Your DUI Reduced To A Lesser Charge In California?
• Additional Drug Charges With Drug DUI In California
• Managing Conviction And DUI Defense Law In San Francisco
• What You Need To Know About DMV License Suspension After A DUI In California
• Drug DUI Defense Law in San Francisco
  
• Preventing License Suspension – Navigating DUI Law Cases
• Two Quick Things You Should Know About Drug DUI Offenses In San Francisco Bay Area
• What To Expect After Getting A DUI In Marin County, CA
• What Is The Current Status Of Diversion For DUI In San Francisco County As Of April 2021?
• How Often Is Diversion For A DUI Charge Available To A Defendant In San Francisco County?
• How Is San Francisco County Handling The DUI Diversion Program Compared To Neighboring Counties In The Bay Area?
• Is DUI Diversion In San Francisco The Best Option For Anyone Who Is Available?

For more information on Recent Changes In Misdemeanor DUI Laws, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (415) 223-7290 today.