Driving under the influence is one of the most aggressively prosecuted offenses in California. For drivers in San Francisco, a DUI arrest can affect your license, your job, your immigration status, and your criminal record.
This guide explains California DUI laws, San Francisco-specific penalties, your legal rights, and the strongest defenses a San Francisco DUI lawyer can use to fight your case.
Page Contents
Understanding California DUI Laws
California prosecutes DUI under the California Vehicle Code, mainly:
VC 23152(a) – DUI Based on Impairment
You can be charged even if your BAC is below 0.08% if the officer believes you were “impaired.”
VC 23152(b) – DUI Based on BAC
You are charged if your blood alcohol concentration was 0.08% or more, regardless of whether you appeared impaired.
Other DUI Types
California also prosecutes:
- Drug DUI (marijuana, prescription meds, illegal drugs)
- Combination alcohol + drug impairment
- DUI causing injury
- Underage DUI
Each carries different penalties.
How DUI Is Proven in California
Prosecutors must show:
- You were driving
- You were impaired OR over the legal BAC limit
- Evidence was collected lawfully
Evidence may include:
- Breathalyzer or blood results
- Field sobriety tests
- Officer observations
- Driving pattern
- Witness statements
- Body cam footage
- Your own statements
A strong DUI defense challenges each part.
What Happens After a DUI Arrest in San Francisco
1. Immediate License Confiscation
Police take your physical license and issue a temporary one valid for 30 days.
2. You Have 10 Days to Contact the DMV
If you don’t request a DMV hearing within 10 days, your license is automatically suspended.
3. Arraignment at San Francisco Hall of Justice
All San Francisco DUI cases start at 850 Bryant Street.
4. Two Battles Begin
A DUI case has:
- DMV action (administrative penalties)
- Criminal court case (criminal penalties)
These are separate and require separate defenses.
Penalties for DUI in San Francisco
Penalties depend on your history and the facts of your case.
First DUI Offense
- License suspension: 6–10 months
- Fines and fees: $1,500–$2,500+
- DUI school: 3–9 months
- Jail: Up to 6 months
- Probation: 3–5 years
- IID installation: Up to 6 months
Second DUI Offense
- License suspension: 2 years
- Jail: 96 hours to 1 year
- DUI school: 18–30 months
- IID: 1 year
- Higher fines
Third DUI Offense
- License suspension: 3 years
- Jail: 120 days to 1 year
- IID: 2 years
- Greater fines and program requirements
Aggravating Factors
Certain circumstances increase penalties, such as:
- BAC above 0.15%
- Refusing chemical testing
- Minor in the car
- Excessive speeding
- Accident or injuries
- Prior DUI convictions
San Francisco judges take these factors seriously.
San Francisco Court Process for DUI Cases
Arraignment
Charges are formally presented. You enter a plea.
Pre-Trial Stage
Your attorney analyzes evidence, challenges errors, negotiates with prosecutors, and works to reduce or dismiss charges.
Possible Case Outcomes
- Full dismissal
- Reduction to a “wet reckless” or lower charge
- DUI conviction
- Alternative sentencing programs
- Trial (if necessary)
A local San Francisco DUI attorney understands the tendencies of local judges and prosecutors, which helps shape a stronger strategy.
DMV Penalties vs Court Penalties
The DMV handles license-related actions, while the court handles criminal consequences.
DMV May Suspend Your License If:
- You fail or refuse a chemical test
- You miss your DMV hearing
- Evidence supports impairment
Criminal Court May Impose:
- Jail
- Fines
- DUI school
- Probation
- IID requirements
Winning one process does not automatically win the other.
Your Rights During a DUI Stop
You have rights that protect you. Officers often rely on people not knowing them.
You Have the Right To:
- Remain silent
- Decline field sobriety tests
- Refuse consent to a vehicle search
- Decline to say where you were coming from
- Request an attorney
- Record the interaction (without interfering)
What You Must Provide:
- License
- Registration
- Proof of insurance
You do NOT have to answer questions about drinking.
Common Defenses Used by Top San Francisco DUI Lawyers
1. No Probable Cause for the Stop
If the stop was unlawful, all evidence may be thrown out.
2. Faulty Breathalyzer Machine
Devices must be calibrated and maintained. If not, results fail.
3. Rising BAC Defense
Your BAC may have increased after driving, not during.
4. Incorrect Field Sobriety Testing
Uneven SF roads, weather, shoes, or medical issues often impact results.
5. Medical Conditions
Allergies, diabetes, asthma, fatigue, or neurological issues can mimic impairment.
6. Illegal Search or Detention
Unlawful police actions weaken the prosecution’s case.
7. Blood Test Errors
Improper storage, contamination, or chain-of-custody issues can suppress results.
8. Video Evidence Contradicting Police Reports
Body cam and surveillance footage can expose inaccuracies.
How a San Francisco DUI Lawyer Helps Your Case
A DUI lawyer can:
- Stop police questioning
- Request the DMV hearing immediately
- Challenge the legality of the stop
- Suppress unreliable or unlawful evidence
- Negotiate reductions
- Work for dismissal
- Protect your job, license, and future
A skilled attorney may reduce a DUI to:
- Wet reckless
- Dry reckless
- Traffic infraction
- Or dismiss the case entirely
How Long Does a DUI Stay on Record?
- Criminal record: Can be expunged
- Driving record: Stays for 10 years in California
Expungement is possible with the right conditions and representation.
DUI Lawyer vs Public Defender
Public defenders are experienced but overloaded. They:
- Cannot help with the DMV hearing
- Have limited time
- Cannot always challenge technical evidence aggressively
- Take only court-assigned cases
A private San Francisco DUI lawyer:
- Handles DMV + court
- Provides detailed case analysis
- Challenges every piece of evidence
- Builds personalized strategies
- Works toward dismissal or reduction
Steps to Take Immediately After a DUI Arrest
- Do not talk about drinking
- Do not explain your side
- Do not consent to searches
- Request a DMV hearing within 10 days
- Contact a DUI attorney immediately
- Save all documents from police
- Write down everything you remember
Quick action improves outcomes.
Conclusion: A DUI Charge Is Defendable With the Right Strategy
A DUI arrest in San Francisco does not automatically mean conviction. California DUI laws are strict, but your rights are powerful — and a strong defense can change the entire direction of your case.
Whether it’s your first DUI or a repeat offense, an experienced San Francisco DUI lawyer can help protect your freedom, license, and future.
Speak With a San Francisco DUI Lawyer Today
If you or someone you know has been arrested for DUI:
📞 Call Hallinan Law Firm: (415) 837-3449