San Francisco DUI Lawyer
Donald Gray Drewry
DUI cases can be staggering in their complexity, raising a variety of serious and highly technical Constitutional Law issues. In order to effectively handle DUI cases, a lawyer must have a solid background in anatomy, biology, chemistry, physiology, and toxicology, and an intimate understanding of the function and operation of the various testing instruments and procedures used by hospitals and laboratories in measuring alcohol and/or other drugs in the human body.
As a skilled San Francisco DUI Lawyer, I can provide you with the effective defense you need. I wrote the book “Defending the GERD Case ™ in Court and at the DMV." I have also developed the leading demonstrative evidence for DMV hearings and Trial that clearly shows the jury why a person is innocent of DUI charges when they suffer from GERD and took only the breath tests. I am constantly consulted from attorneys across the nation on how to defend a person with this disease in a criminal DUI trial.
As an experienced San Francisco DUI Lawyer, I am firmly dedicated to the fight for justice and fair treatment for all those in the Bay Area and throughout Northern California accused of the following types of drunk driving offenses:
- Driving Under the Influence of Alcohol or Drugs (DUI)
- Misdemeanor
- 1st Offense
- Repeat Offenses
- Misdemeanor
- Felony
- Serious Repeat Offender
- Accident with serious injury or death
- DUI Manslaughter
- DUI Murder
- GERD DUI Defense
- DMV Hearings (DUI) and General Violations
- DUI with a child passenger
- Hit and Run Driving
- Reckless Driving
- Contests of Speed
- Driving on a Suspended License
- Other Traffic Crimes
- Department of Motor Vehicles (DMV) or other state licensing agency Suspension/Revocation Hearings
- DUI Conviction
- Chemical Test Refual
- Medical or Drug Suspension
- Negligent Operator (too many tickets) Suspension
- 02DUI008 Superior Court Palo Alto Breath .10/.08 w/ Accident Wet Reckless
- 02DUI021 Superior Court Hayward Minor Breath .13/.13 Reduced to Parking Violation
- 02DUI031 Superior Court Pleasanton Minor Breath .09/.08 Wet Reckless
- 02DUI020 Superior Court Oakland Breath .09/.08 Dismissed
- 01DUI098 Superior Court Hayward Minor Breath .06/.07 Dismissed
- 02DUI040 Superior Court Hayward Minor Breath .13/.13 Reduced to Illegal Parking
- 01DUI040 Superior Court Santa Cruz/Breath .13/.13 Hung Jury GERD
- 05DUI021 Superior Court Fremont Breath .13/.13 Hung Jury GERD
- 06DUI013 Superior Court Santa Barbara Breath .13/.12 Hung Jury GERD
- 05DUI051 Superior Court Fremont Breath .22/.23 w/ Accident Reduced to Wet Reckless
- 05DUI059 Superior Court Pleasanton Refusal/ Reduced to Wet Reckless
- 06DUI 040 Superior Court Oakland Breath .12/.13 Reduced to Wet Reckless
- 05DUI 041 Superior Court Hayward Breath .11/.12 Jury Trial Not Guilty
- 02DUI065 Superior Court Walnut Creek .12/.12 Jury Trial Not Guilty
- 06DUI 005 Superior Court Pleasanton Breath .09/08 Case Dismissed Day of Trial
- 05DUI012 Superior Court Oakland Breath .10/.09 Dry Reckless
- 06DUI 026 Superior Court San Francisco .11/.12/w Accident/ Dry Reckless
Practice Areas and Legal Definitions
Driving with a Suspended License:
Driving with a suspended or revoked license is usually charged as a serious misdemeanor punishable by substantial fines and up to a year in jail. Under some circumstances, as where someone is killed or injured in an accident caused by a driver whose license is suspended or revoked, the offense can be charged as a felony, with a high fine and a possible state prison sentence. Fines and jail sentences are typically heaviest in cases where the license suspension or revocation resulted from a traffic offense involving alcohol and/or drugs.
Reckless Driving:
Reckless driving is operating a vehicle with willful or wanton disregard for the safety of others or the property of others. It generally involves drastic misconduct on the road, such as driving on the wrong side of the road or driving at dangerously high speeds. It is generally charged as a misdemeanor, punishable by a fine and a local jail sentence. It sometimes results in a driver's license suspension or revocation, and it very often results in the cancellation of insurance. Automobile insurance companies know that people who drive “recklessly” are more likely than others to get in traffic accidents. Also, “reckless driving” convictions are commonly seen as part of a plea bargain in which an initial DUI charge is “reduced” to reckless driving.
Hit and Run Driving:
Hit and Run Driving is a serious offense that involves leaving the scene of an accident without first stopping and identifying oneself to the other driver or drivers. It is, at minimum, a serious misdemeanor punishable by jail time and a high fine. If someone is injured or killed in the accident, hit and run driving is charged as a felony that can result in a state prison sentence. In either case the charge has nothing to do with who was at fault in the accident. Apart from the other penalties, hit and run driving can result in long-term driver's license suspension or, in some cases, actual license revocation.
Driving Under the Influence of Drugs or Prescription Medications:
Most people know that it is illegal to drive under the influence of illegal drugs, but many believe they can avoid a conviction for DUI by producing a prescription for the drug in question. This is not true. A DUI (drugs) charge has nothing to do with whether or not possession of the drug was lawful. The legal issue in any DUI case is whether, as the result of "impairment," the driver has lost the ability to drive safely. It is just as unlawful to drive under the influence of a properly prescribed medication as it is to drive after drinking too much alcohol.
Contests of Speed (Drag Racing):
In most states, engaging in contests of speed (racing) is a serious misdemeanor punishable by local jail time and a fine. It can also trigger license suspension or revocation by the Department of Motor Vehicles or other state licensing agency. It is also fairly certain to result in cancellation of automobile insurance. Repeat offenders usually face escalating penalties including felony prosecution in aggravated circumstances.
Other Traffic Crimes:
Every state has its own set of laws governing the operation of motor vehicles on public streets and highways. Most of these laws classify violations as infractions - relatively minor offenses for which a fine is the only penalty. One cannot be given a jail sentence for an infraction. It can be very important to fight infraction prosecutions in some situations. Many states have “point” systems to track individual driving records and the accumulation of too many points can have serious consequences, ranging from license suspension to revocation. Automobile insurance carriers often cancel the policies of drivers with too many “points.” The decision whether or not to fight an infraction ticket is one that should receive very careful consideration.
Administrative License Suspension Hearings:
Most states provide for administrative driver's license suspension in certain circumstances, but in every case the driver is entitled to a hearing in which the suspension can be contested. If a hearing is not requested within the time provided by law the right to a hearing is waived, and the suspension goes into effect automatically. In some cases the time for requesting a hearing is very short, and the scope of the hearing is usually very narrow and highly technical, from a legal standpoint. Self-representation at a suspension hearing is rarely successful. The different types of administrative suspension include:
- Medical/Drug Suspension
Some medical conditions require administrative driver's license suspension. These include certain diseases involving seizures, blackouts, fainting spells, serious physical coordination problems, some mental disorders and loss of vision. The defense to this type of suspension usually involves the submission of written reports from health care providers and other experts. - Negligent Driver Suspension
This involves situations in which a driver has accumulated too many “points” for traffic tickets or has been involved in an unusually high number of accidents. - Drunk Driving Suspension Based on BAC
If a defendant’s chemical test shows a BAC of .08% or more most states impose a 30 to 90 day suspension. This varies from state to state and may be longer than that. At the hearing, skilled counsel may attack the probable cause for the defendant’s detention and arrest and/or the validity of the chemical test. - Drunk Driving Suspension Based on Test Refusal
Where the defendant refuses to submit to a chemical test most states provide for a license suspension ranging from six months to a year, but in at least one state the term is three years. The refusal suspension is not affected by the outcome of a DUI trial. If there is a refusal suspension it remains in place even if the defendant is adjudged “not guilty.” At the hearing, skilled counsel may attack the probable cause for the defendant’s detention and arrest and/or the validity of the chemical test.
Driving Under the Influence (DUI):
A DUI occurs when someone is operating, or is in actual physical control, of a motor vehicle while under the influence of alcohol or other controlled substance, to the extent that their mental faculties are impaired and/or their blood alcohol content (BAC) is above the legal limit. Even for a first offense, penalties can include license suspension, substantial fines, community service, mandatory attendance at a state or DMV approved alcohol program, mandatory overnight incarceration and the required installation (at the offender's expense) of a car ignition locking device. In addition, it typically results in higher insurance premiums and an offender may become ineligible for credit.
Driving Under the Influence – Manslaughter:
Manslaughter is the criminal charge for unlawfully killing someone without actually intending to do so. When someone is driving while intoxicated and causes an accident in which someone is killed, the driver may be charged with manslaughter.
Driving Under the Influence – Murder:
Murder is the criminal charge for unlawfully killing someone, either deliberately and intentionally or recklessly with extreme disregard for human life. In some states, when someone is driving while intoxicated and causes an accident in which someone is killed the driver may be charged with murder if the circumstances are particularly aggravated.
DUI With Prior Convictions:
In all 50 states, repeat DUI offenders face progressively stiffer penalties. In some states, the third or fourth offense may be charged as a felony and, upon a conviction, result in a multi-year state prison term. The elements of the offense are the same, whether or not there are prior convictions.
If you or someone you know in the Bay Area needs the assistance of an experienced San Francisco DUI Defense Lawyer, call Attorney Donald Gray Drewry today at 866-435-3728, or complete the contact form provided on this site to schedule your free consultation.
Professional Profile
If you or someone you know in the Bay Area needs the assistance of an experienced San Francisco DUI Defense Lawyer, call Attorney Donald Gray Drewry today at 866-435-3728, or complete the contact form provided on this site to schedule your free consultation.
ADDRESS OF THE FIRM:
Donald Gray Drewry, Attorney at Law
14895 E 14th St #485
San Leandro, CA 94578
Telephone: 866-435-3728
Fax: 510-346-6668
After-hours appointments available.
MEMBERS OF THE FIRM:
Donald Gray Drewry
EDUCATION:
- Northwestern California University School of Law, Juris Doctor, 1991
- California
- Federal District Courts, Eastern and Northern Divisions
- Ninth Circuit Court of Appeals
- United States Supreme Court
- San Francisco Trial Lawyers Association
- Board of Directors, California DUI Lawyers Association
- Studies for Law in Action, Toxicology of Blood Alcohol, University of Indiana
- Ventura College POST Breath Alcohol Testing Device Certified
- instructor, Standardized Field Sobriety Tests, Qualified by the National Highway Traffic Safety Administration (NHTSA)
- Former Reserve Police Officer, Level 1, Solo Officer, Hayward Police Department, Hayward, California
- Jason Shirley's Trial Date Moved to September 27th (CBS 47 Fresno)
Jason Shirley's second trial date was for August 27th but his lawyer asked the judge to postpone it until February, after the NFL football season, but the judge only moved... - Harvey-Zenk claims memory loss (CTV Winnipeg)
A former Winnipeg police officer who smashed his pickup truck into a car on his way home from a party with co-workers, killing a woman, says he can only remember "snapshots" and "sound bites" of the fatal crash. - East Brunswick set to crack down on drunken drivers (Asbury Park Press)
Township police will be cracking down on drunken drivers as part of the Over the Limit Under Arrest 2008 Statewide Crackdown. - South Elgin police misplace evidence in DUI homicide (Daily Herald)
South Elgin police can't find a key piece of evidence for DUI and reckless homicide charges pending against a St. Charles teen involved in a deadly crash last year, the police chief and the defendant's attorney said Wednesday. - October trial set in slaying of Twinsburg police officer (Akron Beacon Journal)
Ashford Thompson will go on trial Oct. 14 in the shooting death of a Twinsburg police officer after he decided not to waive his speedy trial rights during a court appearance Wednesday. - Summer means peak in teen drivers (The Carrollton Leader)
Next time you’re in the car, glance over at the driver in the next lane. Is it a teenager? Research from Liberty Mutual reveals that the summer months are more popular than any other season for teens to obtain their learner’s permit and take their driver’s test. - Man charged in deadly crash says he was hit (Concord Monitor)
Was David Morton driving north or south on the night his pickup collided with another car, killing a Gilmanton father of three? - Jurors in Aaron Foster trial say they thought he did it but the evidence wasn't strong enough to convict (Pioneer Press)
After all the evidence was presented, all the arguments made, it was up to five women and seven men to decide: Would they send a man to prison or break the hearts of a dead woman's family? - Latrobe man gets three years for causing fatal crash (Pittsburgh Tribune-Review)
A Latrobe man will spend three years in prison for causing a car crash that killed his friend more than two years ago. - Greetings from Tijuana (San Diego Reader)
A mile east of the Tijuana International Airport is an area police call El Fin del Mundo, the End of the World, where drug-cartel assassins dump their victims. Both Mexican and American citizens have been found there.
Additional Questions or need further information?
Donald DrewryDonald Gray Drewry, Attorney at Law
14895 E 14th St #485
San Leandro, CA 94578
Telephone: 866-435-3728
Fax: 510-346-6668