San Rafael Drunk Driving Lawyer

Legal Assistance for DUI Charges in San Rafael

You are enjoying an evening out with friends in the Bay Area, perhaps at a popular spot in San Rafael. Time gets away from you, and you decide to drive to your next destination, believing you are fit to drive. On the way, you glance at your phone to check a message and unintentionally swerve slightly. Moments later, you notice flashing red lights behind you. The officer, either from the San Rafael Police Department or the California Highway Patrol (CHP), signals you to pull over. You now face uncertainty and worry about what penalties and consequences you might encounter after a potential DUI arrest.

How a San Rafael DUI Attorney Can Help You

Facing a DUI charge can be daunting, but a skilled San Rafael attorney can help you navigate the legal process and fight for a favorable resolution. Attorney Paul Burglin can analyze the specifics of your case, including how the traffic stop was conducted, the accuracy of any sobriety or chemical tests, and whether your rights were respected. Whether pursuing reduced charges, challenging evidence, or representing you in court, our team works to protect your rights and future.

The DUI Stop and Arrest Process

When you are pulled over and suspected of driving under the influence, the officer may immediately note factors such as the odor of alcohol or marijuana. Based on these observations, you might be asked to step out of your car and perform field sobriety tests (FSTs). If the officer believes you are impaired, they may request that you take a preliminary alcohol screening (PAS) test.

Regardless of whether you agreed to these tests, an arrest could follow. Afterward, you might be required to undergo a breath test or blood draw. If this occurred in San Rafael, you would likely be taken to a local holding facility or the Marin County Jail for booking. Depending on the situation, you could be released on your own recognizance or required to post bail.

What Happens After a San Rafael DUI Arrest?

Upon your release, two legal processes typically follow a DUI arrest in San Rafael:

Administrative DMV Hearing: The Department of Motor Vehicles (DMV) handles the suspension or revocation of your driver's license. After a DUI arrest, the officer typically confiscates your license and issues a temporary one valid for 30 days. You have 10 days from the arrest date to request an administrative hearing to challenge this suspension. For first-time DUI offenders, the license suspension is typically four months, though it could extend to one year for underage drivers or those who refused a chemical test.

Criminal Court Proceedings: Criminal charges related to DUI are handled at the Marin County Superior Court. These charges often include driving under the influence or having a blood alcohol concentration (BAC) of 0.08 percent or higher. Additional charges may apply depending on the details of your case, such as prior DUI convictions or if an accident occurred.

Understanding the Criminal DUI Process

The initial court appearance, or arraignment, is your first step in the criminal process. During this hearing, you or your attorney can plead guilty, not guilty, or no contest. It is also possible to negotiate reduced charges or request the dismissal of your case. Sometimes, a motion may be filed to contest the legal sufficiency of the charges.

Before your arraignment, it is critical to consult a qualified DUI defense attorney in San Rafael. Legal representation ensures that your case is thoroughly evaluated for potential defenses. For example, our team could examine the validity of the traffic stop, the reliability of the breath or blood tests, or the officer's adherence to proper procedures. A well-prepared defense can often lead to reduced penalties or even a dismissal of charges.

Administrative Proceedings with the DMV

The DMV's role in a DUI case focuses on your driving privileges. While separate from the criminal court process, the outcome of a DMV hearing can significantly impact your ability to drive. During the hearing, your lawyer may present evidence and arguments to challenge the suspension of your license. For example, they might question the accuracy of the BAC testing equipment or whether the officer followed appropriate protocols.

Even if you lose the DMV hearing, options such as a restricted license might allow you to continue driving for essential purposes, such as work or school.

Consequences of a DUI Conviction in San Rafael

A DUI conviction can result in various penalties, including:

• Fines and court fees
• Probation
• Mandatory DUI education programs
• Installation of an ignition interlock device (IID)
• Potential jail time

The severity of these penalties depends on factors such as whether this is a first offense, the level of BAC, and whether any aggravating circumstances exist.

Contact Our San Rafael Drunk Driving Lawyer

If you have been charged with DUI in San Rafael, it is important to act quickly. The consequences of a drunk driving charge can be severe, but with proper legal representation, you can protect your rights and pursue the best possible outcome. Contact Burglin Law Offices, P.C. today at 415-729-7300 to schedule a free consultation. Our firm serves clients throughout Marin County and the greater Bay Area. Let us help you navigate the complexities of your case and move forward with confidence.