Best Drunk Driving Lawyers in Burlingame

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Iaccarino Law Group / MyLegalPlan.org
Burlingame, United States

English
Iaccarino Law Group, operating through MyLegalPlan.org, offers comprehensive legal services across California, specializing in areas such as bankruptcy, civil law, criminal justice, estate planning, family law, real estate, and tenant advocacy. With over 30 years of experience, the firm has become...
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About Drunk Driving Law in Burlingame, United States

Drunk driving, also known as driving under the influence (DUI), is a serious criminal offense in Burlingame, California. The city of Burlingame follows California state law when it comes to the regulation, enforcement, and penalties associated with DUI charges. Driving with a blood alcohol concentration (BAC) of 0.08 percent or higher for adults, or being impaired by drugs or alcohol while operating a vehicle, can lead to a DUI arrest. Law enforcement regularly monitors roadways and conducts sobriety checkpoints to identify impaired drivers to keep the public safe.

Why You May Need a Lawyer

There are many situations where legal representation becomes essential in drunk driving cases. Being charged with DUI can lead to criminal prosecution, the suspension or loss of your driving privileges, fines, community service, mandatory DUI education programs, installation of an ignition interlock device, and even jail time in severe cases. A DUI conviction can also affect your employment, insurance rates, and immigration status.

If you believe you were wrongly accused, refused a chemical test, have prior DUI convictions, or face aggravated circumstances such as an accident or injury, a lawyer can help navigate complex laws, negotiate with prosecutors, and advocate for your rights in court. Having an attorney is especially important if you are unfamiliar with the legal process or if there are additional factors such as underage drinking, commercial driver status, or allegations of reckless driving.

Local Laws Overview

Burlingame abides by California’s DUI statutes as set out in the California Vehicle Code, primarily sections 23152 and 23153. Some key aspects include:

  • It is unlawful for anyone to drive with a BAC of 0.08 percent or higher (0.04 percent for commercial drivers, 0.01 percent for drivers under 21).
  • Penalties increase with higher BACs, repeat offenses, or involvement in accidents causing injury or death.
  • Administrative penalties include automatic suspension of your driver’s license if you fail or refuse a chemical test.
  • First-time offenders often face mandatory DUI school, probation, and fines. Jail sentences are possible but may be waived in favor of alternative sentencing for certain cases.
  • Refusal to submit to chemical testing can result in an automatic license suspension under California’s implied consent law.
  • Enhanced penalties apply for driving with minors in the vehicle, excessive speeding, or having prior convictions within the last 10 years.

Frequently Asked Questions

What happens if I am stopped for suspected drunk driving in Burlingame?

If you are stopped, the officer will look for signs of impairment and may request field sobriety tests. If there is probable cause, you may be asked to take a breath or blood test. Refusing these tests can result in immediate administrative penalties.

Is a DUI in Burlingame a misdemeanor or a felony?

Most first and second DUIs are misdemeanors. DUIs involving injuries, fourth or subsequent offenses, or cases with other aggravating factors may be charged as felonies.

What is the legal BAC limit in Burlingame?

The legal BAC limit is 0.08 percent for most drivers, 0.04 percent for commercial drivers, and 0.01 percent for those under 21.

Can I refuse a breathalyzer test?

You have the right to refuse a roadside preliminary alcohol screening, but refusal of an official chemical test after arrest will result in an automatic license suspension and may be used against you in court.

What are the penalties for a first-time DUI offense?

First-time DUI offenders typically face fines, probation, possible jail time, mandatory DUI school, and license suspension. Penalties may vary depending on the circumstances of the arrest.

Will my license be suspended after a DUI arrest?

Yes, your license can be suspended both through the criminal courts and administratively by the Department of Motor Vehicles. You have a limited time to request a hearing to challenge this suspension.

How long does a DUI stay on my record?

A DUI conviction stays on your driving record for 10 years in California, influencing sentencing for any subsequent DUI offenses during that period.

Is it possible to get a DUI charge reduced?

With the help of a skilled lawyer, it is sometimes possible to negotiate a reduction to a lesser charge, such as reckless driving, depending on the details of your case.

What if I caused an accident while driving under the influence?

If you cause an accident resulting in injury or property damage, you may face more severe penalties, including felony charges, higher fines, and longer jail sentences.

Can I represent myself in a DUI case?

You have the right to represent yourself, but DUI laws are complex and the consequences can be severe. Most people benefit from having an experienced attorney handle their defense.

Additional Resources

Here are some helpful resources for individuals dealing with drunk driving cases in Burlingame:

  • California Department of Motor Vehicles - for license suspension information and hearings
  • San Mateo County Public Defender’s Office - for those who cannot afford private counsel
  • California Office of Traffic Safety - for educational materials and prevention programs
  • National Highway Traffic Safety Administration - for facts on impaired driving
  • Mothers Against Drunk Driving (MADD) - for victim support and community advocacy

Next Steps

If you are facing drunk driving charges in Burlingame, it is important to act quickly to protect your rights. Consider the following steps:

  • Do not discuss your case with police or prosecutors without legal representation.
  • Request a DMV hearing within 10 days of your arrest to challenge your license suspension.
  • Gather all documents related to your arrest and any tests that were conducted.
  • Consult with a qualified DUI lawyer who is familiar with Burlingame and San Mateo County courts and procedures.
  • Follow your attorney’s advice and remain proactive in addressing all legal and court requirements.

Taking prompt action and seeking professional legal advice can make a significant difference in the outcome of your drunk driving case.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.