Best Drunk Driving Lawyers in San Mateo

About Drunk Driving Law in San Mateo, United States

Drunk driving, commonly referred to as DUI (Driving Under the Influence), is a serious offense in San Mateo, California. California state law governs how DUI cases are handled, and San Mateo courts rigorously enforce these laws. Being charged with a DUI can result in significant legal repercussions, including fines, loss of driving privileges, mandatory education programs, and even jail time. DUI arrests typically occur when a driver is found operating a vehicle with a blood alcohol concentration (BAC) of 0.08 percent or higher, but penalties can apply at lower BAC levels if there is evidence of impairment.

Why You May Need a Lawyer

Dealing with a drunk driving charge in San Mateo can be overwhelming and confusing. Common situations that might require legal representation include if you have prior DUI convictions, your case involves an accident or injury, you are facing felony charges, or you are concerned about losing your driver's license. A DUI lawyer can help explain your rights, review the circumstances of your arrest, analyze the evidence, and fight to protect your interests in court. They can also assist with negotiating plea deals or seeking alternative sentencing options, potentially reducing charges or penalties.

Local Laws Overview

San Mateo enforces California's state DUI statutes under the California Vehicle Code. Some key aspects include:

• The legal limit for most drivers is a BAC of 0.08 percent. For drivers under 21 and commercial drivers, the limit is lower (0.01 and 0.04 percent, respectively).
• Penalties for a first offense may include fines, mandatory DUI school, six-month license suspension, and possible jail time.
• Enhanced penalties apply for higher BAC levels, repeat offenses, or if the DUI involved injury or property damage.
• Refusing a chemical test after arrest can result in a one-year license suspension, even without a conviction.
• San Mateo courts may offer diversion programs in certain low-risk cases, but this is not common for DUI charges.

It is important to be aware that local law enforcement conducts sobriety checkpoints and patrols, especially on holidays and weekends, to prevent and reduce incidents of drunk driving.

Frequently Asked Questions

What happens if I am arrested for DUI in San Mateo?

You will be taken into custody, your vehicle may be impounded, and you will likely be required to submit to chemical testing. After booking, you may be released on bail or on your own recognizance pending a court date.

Will I lose my driver's license after a DUI arrest?

Administratively, the DMV can suspend your license within 30 days of your arrest. You have 10 days to request a DMV hearing to challenge this suspension.

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

Penalties may include fines, probation, license suspension, mandatory DUI education classes, and up to six months in jail. A lawyer may be able to help reduce or avoid some of these penalties.

Do I have to appear in court for a DUI?

In most cases, you must appear in court for arraignment and possible further hearings. Your attorney may be able to appear on your behalf for some proceedings.

Can I refuse a breathalyzer or blood test?

You can refuse, but refusal can lead to an automatic license suspension and potentially increased penalties, regardless of the outcome of your criminal case.

Is a DUI a felony or a misdemeanor in San Mateo?

Most first and second DUI offenses are misdemeanors. However, DUI becomes a felony if there are injuries, prior felony DUIs, or three or more prior DUI convictions.

Can a DUI be expunged from my record?

In many cases, after completing your sentence and probation, you may petition the court to expunge a misdemeanor DUI from your record. This does not apply to all cases, such as felony DUIs with injuries.

Will a DUI conviction affect my insurance?

Yes. Most insurance companies will increase your rates substantially, and you may be required to file an SR-22 certificate of financial responsibility.

What if I am not a US citizen?

A DUI conviction can affect immigration status in some scenarios. It is vital to consult with both a DUI and immigration attorney to understand your risks.

Should I hire a lawyer if this is my first DUI?

Even for first offenses, legal representation can be critical in navigating the legal process, protecting your rights, and seeking the best outcome for your situation.

Additional Resources

If you need more information or assistance regarding drunk driving cases in San Mateo, consider reaching out to the following:

• San Mateo County Superior Court - For case status and procedural questions.
• California Department of Motor Vehicles (DMV) - For licensing and administrative hearing information.
• San Mateo County Public Defender's Office - For those unable to afford private representation.
• California Office of Traffic Safety - For DUI statistics and awareness programs.
• Local legal aid organizations - Some provide free or low-cost initial consultations for DUI cases.

Next Steps

If you have been charged with drunk driving in San Mateo, your next steps should be:

• Contact a qualified DUI lawyer as soon as possible to discuss your case.
• Request a DMV hearing within 10 days of your arrest to contest license suspension, if applicable.
• Gather all documents and information related to your arrest and court dates.
• Abide by any temporary license restrictions and attend all court and DMV appointments.
• Ask your attorney about defense strategies and whether alternative sentencing options might apply in your case.

Having legal guidance from the start can improve your understanding of the process and increase your chances for a favorable outcome. Taking timely action is key to protecting your rights and your future.