DUI Cases

I have personally handled over 1,000 DUI cases, including first-timer offenders, multiple-prior offenders, probation violators, and, in the most serious of cases, several multiple vehicular homicide (manslaughter) cases involving Driving Under the Influence.

A DUI case evaluation requires an in-depth, expert analysis – for at least one hour – by an experienced defense attorney, and that is exactly what you will get from me. I do not charge for your case evaluation.

Even a first-time DUI is a misdemeanor crime, with a maximum sentence of six months in jail. However, if injury to another person is caused by your DUI, the charges will be filed as a felony. Additionally, any prior convictions within the last ten years for DUI will be charged, thereby enhancing you exposure to punishment in jail.

Some of my clients live too far away or are too busy with work to attend court sessions. In these cases, I can appear for you in your absence at all stages of the court proceedings (except in the case of a felony DUI case).

I will be happy to provide you, without charge, with my professional evaluation of your DUI case in a personal interview in my law offices, or if you live outside of the Bay Area, over the telephone.

A DUI arrest unfortunately results in two cases:

  1. Criminal charges in the Superior Court, and
  2. A separate DMV suspension of your drivers license. In a typical DUI criminal case, the charges against you are actually two specific counts:
  • a. Driving Under the Influence, in other words, impaired driving, and
  • b. Driving with more than .08% blood alcohol

In the case of your refusal to take a chemical test, a “refusal” enhancement charge added to the DUI count). Repeat offenders have to deal with a Violation of Probation, which are often more likely to result in jail time than the new DUI.

The DMV drivers license suspension is for four months, with a 30 day stay (if your license is not otherwise restricted or suspended). The DMV license suspension is independent of the criminal charges files in court.

You may request a hearing (within ten days of your arrest), but if you lose, the DMV’s decision to sustain the suspension may be attacked only by a separate Superior Court action called an Application for Writ of Mandamus.

I have handled hundreds DMV Drivers License Suspension cases that usually accompany DUI cases. In many cases, I have succeeded in having the DMV license suspension reversed and recovered the client’s privilege to drive.

After my evaluation of your case, I will tell you what defenses you may have and what evidence (such as witnesses, forensic, scientific, and experts) will be helpful in defending your case. Please understand that only an in-depth interview with an competent and diligent criminal defense attorney can reveal all of the relevant facts that may help in your defense.

My professional analysis, preparation, and handling of your case will give you your best chance of you getting your license back, and obtaining a reduction in charges or even dismissal of your DUI criminal case.

Important note: There are strict time deadlines in DUI/DMV license suspension cases. You should have your lawyer contact DMV within ten (10) actual calendar days of your arrest, or else you will have waived your right to a hearing, and several other important rights.

If you’re faced with a DUI and a DMV suspension of your driver’s license, or a Probation Violation, please call me, San Francisco defense attorney Michael Ross, immediately to arrange for a free evaluation of your case.

 

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