Marin County DUI Lawyer Michael Rehm provides representation on driving under the influence and criminal defense cases in Marin County, California. An arrest for a DUI immediately triggers the need to set a hearing with the DMV. If arrested in Marin County, the DMV in charge of this hearing is the San Francisco Branch, they can be reached at (415) 557-1170.
The hearing can be set by phone. This step needs to be completed within 10 calendar days of the arrest date. The court date will be held at the Marin County Courthouse located at 3501 Civic Center Drive San Rafael, CA 94903. For most misdemeanor matters, including DUI, counsel can appear for the defendant. This code section makes it illegal to drive under the influence of alcohol and/or drugs.
Notice there is no blood alcohol level requirement. That is intentional. This charge is brought when an individual has either less than a 0.08% or more than a 0.08%. Therefore, even if the blood alcohol level is 0.06% or a 0.07%, the District Attorney can still pursue a DUI charge based on this code section.
The hearing can be set by phone. This step needs to be completed within 10 calendar days of the arrest date. The court date will be held at the Marin County Courthouse located at 3501 Civic Center Drive San Rafael, CA 94903. For most misdemeanor matters, including DUI, counsel can appear for the defendant. This code section makes it illegal to drive under the influence of alcohol and/or drugs.
Notice there is no blood alcohol level requirement. That is intentional. This charge is brought when an individual has either less than a 0.08% or more than a 0.08%. Therefore, even if the blood alcohol level is 0.06% or a 0.07%, the District Attorney can still pursue a DUI charge based on this code section.
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If you took a breathalyzer, was it calibrated properly and administered in a lawful manner?
If it was not calibrated properly, then obviously the BAC result is not reliable.
If it was not administered lawfully, then the same conclusion is reached.
Was your blood alcohol level rising?
Just because the breathalyzer or blood test shows a certain result, that does not mean it is an accurate portrayal of where you were at the actual time of driving.
Alcohol takes time to absorb into your bloodstream, and not until it is in your bloodstream is there actually impairment.
If it was not calibrated properly, then obviously the BAC result is not reliable.
If it was not administered lawfully, then the same conclusion is reached.
Was your blood alcohol level rising?
Just because the breathalyzer or blood test shows a certain result, that does not mean it is an accurate portrayal of where you were at the actual time of driving.
Alcohol takes time to absorb into your bloodstream, and not until it is in your bloodstream is there actually impairment.
The officer took my license and gave me a pink piece of paper that states it is a temporary driver's license.
Can you explain what exactly is going on with this?
When you are arrested for driving under the influence, law enforcement will normally confiscate your driver's license (assuming it is a California Driver's License) and provide you with a temporary driver's license (the pink piece of paper).
That license is valid for 30 days from the date of the arrest.
Here is where it gets confusing for some people: if you have a blood alcohol level of a.08 or more, and there is proof you were actually driving the vehicle, and the police had a lawful reason to detain and arrest you, the DMV is going to attempt to take your driver's license.
Can you explain what exactly is going on with this?
When you are arrested for driving under the influence, law enforcement will normally confiscate your driver's license (assuming it is a California Driver's License) and provide you with a temporary driver's license (the pink piece of paper).
That license is valid for 30 days from the date of the arrest.
Here is where it gets confusing for some people: if you have a blood alcohol level of a.08 or more, and there is proof you were actually driving the vehicle, and the police had a lawful reason to detain and arrest you, the DMV is going to attempt to take your driver's license.
Pre-Arrest Investigations: if the police have contacted you prior to any charges being filed.
Michael Rehm also provides representation on traffic citations in the Marin County Court.
Traffic offenses come with consequences.
They can lead to increased insurance premiums, points on you driving record, and lose of employment for commercial drivers.
If you are being charged with a misdemeanor traffic offense, the services of a traffic attorney are of even more importance.
Auto Accidents - for information on Attorney Rehm's personal injury practice, visit his San Francisco Car Accident Lawyer page.
Michael Rehm also provides representation on traffic citations in the Marin County Court.
Traffic offenses come with consequences.
They can lead to increased insurance premiums, points on you driving record, and lose of employment for commercial drivers.
If you are being charged with a misdemeanor traffic offense, the services of a traffic attorney are of even more importance.
Auto Accidents - for information on Attorney Rehm's personal injury practice, visit his San Francisco Car Accident Lawyer page.
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