Best DUI & DWI Lawyers in Burlingame

Share your needs with us, get contacted by law firms.

Free. Takes 2 min.

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...
AS SEEN ON

About DUI & DWI Law in Burlingame, United States

Driving under the influence (DUI) and driving while intoxicated (DWI) are serious offenses in Burlingame, United States. These terms refer to operating a motor vehicle while impaired by alcohol, drugs, or a combination of both. Per California state law, which governs Burlingame and the wider Bay Area, a person can be charged with DUI if their blood alcohol concentration (BAC) is 0.08 percent or higher for adults age 21 and over. For commercial drivers, the limit is 0.04 percent, and for drivers under 21 years old, it is 0.01 percent. A DUI or DWI charge can result from impairment by prescription drugs, illegal substances, or even over-the-counter medication if it affects driving ability.

Why You May Need a Lawyer

Legal assistance is crucial for anyone facing DUI or DWI charges in Burlingame for several reasons. First, DUI and DWI laws are complex, and most individuals are unfamiliar with their rights or the legal process. Additionally, consequences of a conviction can be severe and long-lasting, including possible jail time, hefty fines, loss or suspension of driving privileges, increased insurance rates, and a permanent criminal record. Legal professionals can scrutinize the details of your stop, arrest, and testing procedures for errors or violations of your rights. They can also negotiate with prosecutors, represent you in court, and potentially reduce or dismiss charges. If you hold a professional license, are a commercial driver, or are an immigrant, the stakes are even higher, making expert legal counsel essential.

Local Laws Overview

Burlingame is regulated primarily by California state law regarding DUI and DWI. Key aspects relevant to DUI and DWI cases in Burlingame include:

  • Implied Consent: By driving in California, you have already agreed to submit to breath, blood, or urine testing if lawfully arrested for DUI or DWI. Refusing these tests can result in an automatic license suspension and additional penalties.
  • Per Se Laws: Driving with a BAC at or above the legal limit is automatically considered an offense, regardless of whether your driving appeared impaired.
  • Enhancements: Penalties are more severe if a minor was in the car, if your BAC was excessively high (0.15 percent or greater), or if you caused injury or death while driving under the influence.
  • Zero Tolerance for Under 21: Drivers under age 21 cannot have any measurable alcohol in their system while operating a vehicle.
  • Administrative and Criminal Consequences: A DUI charge usually triggers an automatic administrative license suspension by the Department of Motor Vehicles (DMV), separate from any criminal court proceedings.
  • Ignition Interlock Device (IID): In some cases, even first-time offenders may be required to install an IID in their vehicle (a device that prevents the car from starting if alcohol is detected on the driver's breath).

Frequently Asked Questions

What happens after I am arrested for DUI or DWI in Burlingame?

After a DUI arrest, you may be taken into custody, booked at a police station, and either released on bail or on your own recognizance. Your license may be confiscated, and you will likely receive a notice of suspension and a temporary license. You must request a DMV hearing within 10 days to challenge the license suspension.

How long will a DUI or DWI stay on my record?

In California, a DUI conviction typically stays on your driving record for 10 years. It can affect sentencing for future offenses and may impact insurance and employment prospects.

Can I refuse a breathalyzer or chemical test?

California’s implied consent law means that refusing to take a breath, blood, or urine test after a lawful DUI arrest can result in an automatic license suspension and increased penalties.

Will I lose my license after a DUI or DWI arrest?

An arrest usually triggers an automatic administrative suspension by the DMV, separate from criminal court actions. You can appeal this suspension at a DMV hearing if you request it promptly.

What penalties could I face for a first-time DUI in Burlingame?

First offense penalties can include fines, probation, mandatory DUI education classes, up to six months in jail, license suspension, and possible installation of an ignition interlock device.

Can a lawyer help me avoid jail time?

A skilled DUI lawyer may identify procedural errors, negotiate reduced charges, or argue for alternative sentencing such as community service or alcohol education classes instead of jail.

Is it possible to get a DUI or DWI charge reduced or dismissed?

Yes. Depending on the circumstances, a lawyer may challenge the validity of the stop, arrest, or testing procedures, negotiate with prosecutors, or present evidence for dismissal or reduction of charges.

What is an ignition interlock device and when is it required?

An ignition interlock device is a breathalyzer wired into your vehicle’s ignition. You must blow into the device to start the car. Courts may require it after certain DUI convictions, sometimes even for a first offense.

How do DUI penalties differ for underage drivers?

Drivers under 21 face "zero tolerance" laws. Any detectable amount of alcohol can result in license suspension, fines, and other penalties, even if below the 0.08 percent limit.

Can I drive to work or school if my license is suspended?

You may be eligible for a restricted license that allows you to drive to work or school, but certain conditions must be met, such as enrollment in a DUI program and proof of insurance.

Additional Resources

For more information and help with DUI or DWI issues in Burlingame, the following resources may be helpful:

  • California Department of Motor Vehicles (DMV): Handles license suspensions and administrative hearings.
  • San Mateo County Superior Court: Where criminal DUI cases in Burlingame are processed.
  • California Highway Patrol (CHP): For accident reports and enforcement information.
  • California Office of Traffic Safety: Provides public awareness campaigns and statistics on impaired driving.
  • Local DUI Education Programs: Required for many convicted individuals as part of sentencing.
  • Local Bar Associations: Offer lawyer referral services for DUI defense attorneys.

Next Steps

If you are facing DUI or DWI charges in Burlingame, act quickly to protect your rights and your future. Gather and organize any documents related to your arrest, including your temporary permit, bail papers, and DMV notices. Take note of important deadlines, especially the 10-day window to request a DMV hearing. Contact a qualified DUI lawyer in Burlingame as soon as possible for a thorough review of your case and advice on the best strategy for your defense. A legal professional can explain your options, represent you in court and at DMV hearings, and work to achieve the best possible outcome in your situation.

Lawzana helps you find the best lawyers and law firms in Burlingame through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including DUI & DWI, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in Burlingame, United States - quickly, securely, and without unnecessary hassle.

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.