At the beginning of 2022, the law regarding DUI diversion changed. DUIs are no longer eligible for diversion in California. Please contact our office with any questions. Email us at OR Call us at: (415) 523-7878

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Law Firm of Aaron Bortel

Managing Conviction And DUI Defense Law In San Francisco

Managing Conviction And DUI Defense Law In San FranciscoThis article will help you understand:

  • Whether you will lose your license if convicted of a DUI.
  • How long your license could be suspended for.
  • What your DMV hearing will likely involve.

Will I Lose My Driver’s License If I Am Convicted Of A DUI In The San Francisco Bay Area?

Whether you lose your license if convicted of a DUI in San Francisco depends on a few things.

Regardless of what court you are convicted in, the clerk’s office will send the record of conviction to the mandatory actions unit of the Department of Motor Vehicles in Sacramento. Once they receive it, they will process it and send you a letter notifying you that your driving privileges have been suspended.

We highly advise working with a lawyer experienced in DUI defense law in San Francisco for these situations. The expertise in terms of timing things after this notification is critical.

Working to make the suspension time as brief as possible will be in your best interest. Proactively getting an interlock device on your car, enrolling in a DUI school, and getting the necessary SR-22 insurance if you do not already have it can do a lot to position you for success.

In some instances, doing this, bringing a DO-920 (a form from the interlock company that shows a device has been installed) to the DMV, and paying a reissue fee can have you driving again within a day or two and getting a new hard license within a week or two.

What Is The Length Of Suspension Of My Driver’s License For A DUI Conviction In The San Francisco Bay Area?

After a conviction in court for a first-offense DUI, your suspension will likely be six months of no driving. You can serve this in a variety of ways.

  • IID restriction. This is when you have an ignition interlock device installed, have SR-22 insurance, be enrolled in the first-offender DUI school, and pay a reissue fee. Assuming you do all this and get the ignition interlock license, you can drive with IID anywhere, anytime.
  • Opt not to drive at all for six months.
  • Opt not to drive for one month, followed by 12 months of work-restricted driving. Work-restricted driving is limited to driving to and from work. You risk losing your license for a year if found in violation of this.

What Happens During A DMV Hearing Held In The San Francisco Bay Area?

Several things will occur during your DMV hearing. As your lawyers, we would attempt to demonstrate that the DMV did not have the elements needed to suspend your license.

In a typical first-offense DMV hearing, the issues tend to boil down to whether the DMV:

  • Had sufficient cause to pull you over and do a DUI investigation.
  • Followed procedures correctly and lawfully arrested you.
  • Established that you had a blood alcohol level of 0.08 or greater at the time you were driving.

If we can punch a hole in one of those three elements, we can easily win the hearing and get your life back.

Another common DMV hearing for DUI cases is a refusal hearing. The only difference in the necessary elements between first offense and refusal cases is that refusal cases do not require 0.08 blood alcohol content. Instead, the criteria is whether you were properly admonished of what would happen if you did not take a chemical test. Establishing that you indeed refused the chemical test is the fourth element in these cases.

Since these are civil, the burden of proof is not very high for the Department of Motor Vehicles. As such, these hearings are challenging to win. Despite this, we have a strong track record of winning them over the years we have been serving people with DUI law cases.

We highly recommend getting a lawyer to help you with both your DUI law court and DMV case because doing so is truly your best chance of getting the best result possible. We would love to bring our expertise to your case and deliver the results you need to get things moving in the right direction.

With the guidance of a skilled attorney for DUI Law Cases, you can have the peace of mind that comes with knowing that we’ll make it look easy. For more information on DUI Defense Law in San Francisco, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (415) 523-7878 today.

Aaron Bortel

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