California DUI defense

DUI defense in Foster City.

Foster City DUI cases are handled at the San Mateo County Superior Court in Redwood City, with the Foster City Police Department covering the city and CHP patrolling U.S. 101 and State Route 92.

The court process for Foster City DUI cases

Foster City DUI cases are filed with the San Mateo County Superior Court. Criminal cases are heard at the Hall of Justice at 400 County Center in Redwood City. Foster City is in San Mateo County, so cases are prosecuted by the San Mateo County District Attorney's Office under the same county-wide charging and offer policies that apply across the county.

For a full overview of how cases move through this court system, see the San Mateo County DUI defense guide.

The DMV 10-day hearing deadline

The DMV handles the suspension of your driving privilege through an Administrative Per Se action that runs entirely separate from the criminal case. Under California Vehicle Code Section 13558 you have ten calendar days from the arrest date to request the hearing, or the license is suspended automatically. Most hearings are now held by phone or video, and in most cases your attorney appears for you.

10-day DMV hearing deadline

You have 10 calendar days from your arrest date to request an APS hearing. Missing this deadline means automatic license suspension beginning 30 days after arrest. Request the hearing through the DMV Driver Safety unit, or have an attorney request it on your behalf, to preserve your driving privilege while the case is pending.

Foster City Police and CHP DUI enforcement

The Foster City Police Department conducts DUI enforcement along the East Hillsdale Boulevard and Edgewater corridors and the shopping and dining areas, with checkpoints and saturation patrols. The California Highway Patrol covers U.S. Route 101 and State Route 92, the approach to the San Mateo-Hayward Bridge, both heavy commuter routes.

How San Mateo County prosecutes DUI cases

The San Mateo County District Attorney's Office prosecutes Foster City DUI cases. A typical first offense with no aggravating facts resolves with three years of summary (informal) probation, a first-offender DUI program, fines and assessments that commonly total $2,000 to $3,500, and a license suspension. Where the stop, the investigation, or the chemical test has a real weakness, a reduction to a wet reckless under Vehicle Code Section 23103.5, or in some cases a dismissal, becomes realistic. Aggravating facts such as a high BAC, a refusal, an accident, or a prior conviction raise the exposure and change the strategy.

What to do after a Foster City DUI arrest

Request the DMV hearing within ten days. Find your arraignment date and courthouse on the citation, and retain DUI counsel before that date so the case is handled correctly from the start. Write down everything you remember about the stop, the field sobriety tests, and the breath or blood test while it is fresh, and preserve receipts, texts, and any video.

Common questions

Foster City DUI defense questions

Which courthouse handles Foster City DUI cases?

Foster City DUI cases are filed with the San Mateo County Superior Court. Criminal cases are heard at the Hall of Justice at 400 County Center in Redwood City. The arresting agency and the exact location of the stop can affect which courtroom and calendar a case is assigned to.

Who makes most DUI arrests in Foster City?

The Foster City Police Department handles DUI enforcement within the city. The California Highway Patrol covers U.S. Route 101 and State Route 92 (the San Mateo-Hayward Bridge), which run through or near Foster City, and accounts for a large share of arrests during holiday Maximum Enforcement Periods. CHP arrests often involve more detailed reports and in-car video, which affects the defense analysis.

What is the DMV hearing deadline for a Foster City DUI?

You have 10 calendar days from the date of arrest to request the DMV Administrative Per Se hearing, or your license is automatically suspended 30 days after arrest. The hearing is separate from the court case and is now conducted by phone or video, so you or your attorney can handle it without traveling. Requesting it should be your first step.

I was arrested on Highway 92 near the bridge. Is that a San Mateo County case?

If the stop occurred on the San Mateo County side of State Route 92, the case is in San Mateo County, heard in Redwood City. Bridge arrests can be fact-specific on exactly where the stop happened, which is one of the first things counsel checks.

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Tell me about your arrest

Step 1 of 10
When did your arrest occur?
What type of license do you hold?
What was the stated reason for the stop?
What chemical test did you take?
What was your blood alcohol concentration?
Prior California DUI convictions in the last 10 years?
Were any of these factors present? (check all that apply)
A couple more things

Do you have a pre-existing medical condition that could affect field sobriety performance? (diabetes, neurological, back injury, GERD or acid reflux, etc.)

Do you currently have a private attorney for this charge?

Where in California did the arrest occur?
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