When preparing for your DUI case in California, it’s important to understand the evidence that will be used against you, and how your attorneys will build a defense strategy against it. Evidence pertaining to a DUI case is not as rock-solid as law enforcement would like you to believe. Top criminal defense firms understand this and through experience know the weak points in the prosecution's case.

There are five main types of evidence used in DUI cases:

1. Driving patterns. Unless the DUI arrest/booking involves an accident, it likely started when an officer noticed erratic or unusual driving behavior and decided to conduct a traffic stop. Weaving, drifting, and driving in two lanes at once are usual patterns police associate with an intoxicated driver, but there are many more. The NHTSA(National Highway Traffic Safety Administration) has a list of over 20 driving patterns that potentially indicate drunk driving and state that these patterns predict an outcome of a DUI with 35% accuracy. Prosecutors will refer to this erratic driving in court as reasonable suspicion for the stop or even evidence of the defendant's level of intoxication. 
2. Behavior. Once an officer pulls you over they immediately start to look for certain cues that suggest whether or not you’re intoxicated. This includes obvious signs, like bloodshot eyes or the smell of alcohol, but also some inconspicuous ones. For example, fumbling with objects such as your wallet counts as a sign of intoxication.
3. Field sobriety tests. Officers could ask you to perform “field sobriety tests” (FSTs) where they will evaluate whether you’re behavior is congruent with that of an intoxicated individual. Many have heard of reciting the alphabet backward or walking a line, but there are a plethora of standard tests used. 
4. Your own statements. What law enforcement really wants is for you to admit you had a drink or were drinking. They could ask you directly, but they could also use sneakier tactics such as asking for example, “How many drinks did you say you had?” You are not required to say anything, but anything you say can be used against you. (Police are not required to read you your rights and remind you of this until they actually arrest you, but they can still use pre-arrest statements against you.) The best policy when dealing with law enforcement is to be polite but not give away any information that could possibly incriminate you. 
5. Blood, breath, and urine tests. This is often thought to be the gold standard of DUI evidence, but it’s often unreliable, particularly the roadside breath tests. These are portable devices known as PAS or EPAS units. They are imprecise and are preliminary screenings that allow an officer to come to a more informed decision of whether to make an arrest, but PAS evidence is sometimes allowed in court cases as well. The most reliable tests are used post-arrest at a hospital or police station. In California, this is usually a blood test or breath test. Urine tests are used only when the other two are unavailable.

After your driver's license suspension is over, unfortunately, you don't automatically get your driver’s license back. You must take a few actions to get it re-instated.

The first step is to complete all court-imposed penalties of your DUI Conviction. This may include:

• Serving the full suspension
• Completing your alcohol treatment
• Installing an ignition interlock device on your car

Secondly, you will need proof of completing your court-ordered programs. Certificates of completion should have been mailed to you.  You will also need proof your IID (Ignition Interlock Device) was installed.

Third, car insurance is needed. An SR-22 policy is needed after a DUI conviction because you are deemed a high-risk driver. The DMV will require proof and your insurance company is aware of this. You obtain that proof by filing a form SR-22. To file an SR-22:

1. Reach out to your insurance agent and tell them you need the SR-22. Most insurers are authorized to handle these forms.
2. Pay the fee for the SR-22. Be sure to shop around as some insurers charge more than others. If you aren’t sure which insurer to use, the California DMV provides an online insurance finder here.
3. Once the policy is purchased, your insurer will send the SR-22 to the DMV. Ask your insurer to confirm this. 

Lastly, get proof of insurance from your insurer. You should now be eligible to apply for your license reinstatement.

The Reinstatement Process

To apply for your reinstatement, you will need to go to your local DMV and fill out Form DL 44. This cannot be completed online, but you can request to have one mailed to you.  You will pay a fee of $150 and your license reinstatement will be processed.

To save some time at the DMV, you can make an appointment ahead of time.

There are times when a DUI conviction seems inevitable. This is when you need an attorney the most. A lawyer will work hard to reduce your penalties. The attorney might be able to show mitigating factors that prove you do not deserve the full sentence under the law. Your lawyer can attempt to negotiate with prosecutors in pre-trial hearings for the lightest fines and penalties possible. Attorneys have the knowledge and experience to successfully negotiate with prosecutors and judges in San Francisco. These are things that can dramatically increase your penalties or even lead to jail time. Some examples include incredibly high BAC percentages or injuring someone while driving drunk. You need an attorney to help deal with aggravating factors. Your lawyer might be able to explain away some issues or have certain factors removed from the case. In the event your car is taken away, we can help you get a short term car lease in San Jose with companies like Zooomr, Avvis, Enterprise, and others.

A final way a San Francisco attorney can help is by negotiating alternative sentences for the DUI charge instead of the traditional fines and jail time. Your lawyer might be able to negotiate mandatory alcohol treatment followed by probation or community service. Your fines might be waived or suspended if you just complete a special driving program. If you want to avoid heavy penalties like jail and thousands of dollars in fines, then you need the help of a good law firm.