Law Offices of
David Elliott Wise

San Francisco DUI Attorney

As a San Francisco Lawyer, and more specifically a San Francisco Criminal Defense Attorney, David Wise won’t rest until you receive the best representation possible.  Whether you are looking for an Oakland Attorney or Divorce Lawyer, a San Francisco DUI Attorney, San Mateo Lawyer, Hayward Attorney, or you simply need representation by one of the best Bay Area Criminal Lawyers, the law office of David Wise is ready to assist you.  From Northern California Drunk Driving, DUI and Three Strikes to Homicides, Computer Crimes, Domestic Violence or Fraud, you won’t find better representation than what David Wise will provide.  

DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS IN CALIFORNIA (“DUI”)

This is a very general summary of a few important things to consider when looking at an actual or potential drunk driving / driving under the influence of alcohol or Drugs (aka DUI) criminal case. I know I’m a criminal defense lawyer so you expect to hear it – but it’s still true - if you don’t consult with a criminal defense attorney about it, you’re probably going to miss an important fact, local or state law or procedural consideration that could hurt you. San Francisco Criminal Defense Lawyer David Elliott Wise is available to help.

A few things to consider if ever arrested by police for DUI / Driving Under the Influence:

  1. Do you have special work, employer, licensing and professional considerations? This is listed first, because I always talk to people that have no idea that if they plea guilty, thinking they are just “getting it over with,” they are in fact leaving a black mark on their record that can haunt them for the rest of their working lives. The critical point is that you need to be one hundred percent aware of these (and other) potential consequences. I have represented doctors and lawyers who were unclear about this:
    1. Are you a professional who needs a professional license to work, such as doctor, lawyer, teacher, nurse who will be negatively impacted if a drunk driving conviction is construed as a crime of “moral turpitude” , such that you could lose your professional (not drivers) license?
    2. Could you get in trouble with your employer if they do a criminal background check of public court records and see that you had a case, or a conviction for a DUI crime?
    3. If you apply for a job in the future, will you employer be concerned if they do a criminal background check of public court records, and see that you have a Drunk Driving conviction or case?
    4. See more about trying to clear records on my page about Expungements, Employment, Record Sealing, Factual Findings of Innocence.
  2. Are you a non citizen? Even legally documented people that are in the United States legally need to be concerned about avoiding a drunk driving conviction. This can cause a change or revocation in status, and lead to deportation, denial of re-entry, and an inability to show good moral character to establish citizenship. It is therefore imperative to have a criminal defense attorney that will fight for the best possible result in your case.
  3. Always call the D.M.V. and request an “A.P.S. Hearing.” The phone number is on the back of the Temporary Drivers License given to you by police. Once you get a lawyer, he or she can always change that hearing date later if necessary. You only have ten days to request the hearing, or you lose forever your right to challenge the D.M.V.’s suspension, restriction, or sometimes with prior arrests, revocation of your driving privilege.
  4. Get a lawyer that will look carefully at whether the proper procedures were followed for the admissibility and reliability of breath or blood testing. There are numerous legal regulations that govern the testing and maintenance of testing equipment used in DUI cases. An experience criminal defense attorney will obtain maintenence, calibration and other records to determine if those procedures are being followed. For example careful searching has revealed that in the San Francisco Police Department Crime Lab, a chemist named Deborah Madden was suspected of using narcotics in the lab, which was widely reported, but was also responsible for calibrating breath test machines used in DUI cases. This fact may be used to cast the reliability of the calibration in question.
  5. Have a criminal defense lawyer that will look at whether there are any grounds to get the evidence against you thrown out because of an illegal search, seizure, detention or arrest, in violation of your Fourth Amendment Federal Constitutional right to be free of unreasonable searches and seizures.
  6. Be sure to get the assistance of an experienced criminalist. Such criminalists can testify at a trial or DMV Hearing about whether the proper procedures were followed by law enforcement in your case.
  7. Consider that the money paid to the court for fines and fees, to a First Offender Drunk Driving School, taxi cab (your driver’s license is restricted or suspended) and to the Insurance Companies for increased car insurance rates for five years after a DUI conviction are more than offset by instead paying a criminal defense lawyer to fight to get a charge thrown out or reduced to a less serious and costly one.

Making any decision about your case, you need to discuss the facts and the local law with an attorney experienced in DUI law. San Francisco Criminal Defense Attorney David Elliott Wise is available to help.

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San Francisco, CA 94107
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