San Francisco, California DUI Defense Attorney, Drunk Driving Defense Lawyer

• California DUI and DMV Case
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The Law Office of Robert Tayac is recognized as being among the top driving under the influence (DUI) defense firms in the United States. Attorneys for the firm represent clients accused of driving under the influence of alcohol or driving with a blood alcohol level at or above the legal limit in San Francisco, San Mateo, Marin, Alameda, Santa Clara, Contra Costa, Sonoma and Napa counties. Additionally, lawyers of this office represent clients in California DMV license suspension actions stemming from DUI arrests before the Department of Motor Vehicles’ Driver Safety Offices in San Francisco, Oakland and San Jose. The firm accepts no other type of case and does not represent clients in any court or tribunal outside of the State of California.

Each of our attorneys specializes in DUI defense and is a member of professional organizations whose focus is related to this practice area, including the National College for DUI Defense (NCDD), California DUI Lawyers Association (CDLA), National Association of Criminal Defense Lawyers (NACDL), California Attorneys for Criminal Justice (CACJ), and California Public Defenders Association (CPDA). As well, each attorney is a member in good standing of the State Bar of California and is licensed to practice law in all California state court proceedings and federal DUI cases in the Northern, Eastern, Central, and Southern District courts of California.

A DUI arrest typically initiates two separate cases. The first case is the California DUI criminal case. The District Attorney of the county in which the arrest occurred will usually charge the driver with two separate criminal violations following a DUI arrest. The first charge is for driving under the influence of alcohol, medication or drugs in violation of California Vehicle Code section 23152, subdivision (a). The second charge is for driving with a blood alcohol concentration (BAC) of .08 percent or greater in violation of 23152, subdivision (b). (Please note, your case will be prosecuted in Federal Court by the United States Attorney’s office if the incident occurred within the geographic boundaries of the Presidio National Park in San Francisco.)

The second case is a California Department of Motor Vehicles administrative per se (APS) case, in which the privilege to drive is at risk of being suspended. Drivers arrested for DUI driving with a blood alcohol concentration of .08% or greater in California have only 10 days from the date of arrest to request a DMV administrative per se (APS) hearing. If a hearing is not requested within ten (10) days of the arrest, the driver’s license will automatically be suspended thirty (30) days from the date of the arrest for a minimum of four (4) months.

California DMV hearings are technically complex, and should only be handled by a lawyer with experience in DUI and California DMV cases. To suspend a driver’s license, the California Department of Motor Vehicles (DMV) need only prove by a preponderance of the evidence that the police had reasonable cause to believe a violation of California Vehicle Code Section 23152 or Section 23153 was committed, that the arrest was lawful, and that the driver had a blood alcohol concentration (BAC) of .08 percent or greater. California DMV administrative hearings can be won, but usually only by an attorney with specialized knowledge of the hearing process, the type of evidence presented and familiarity with the possible defenses.

The stakes are high in a California drunk driving case – motorists face the possibility of jail, large fines, driver’s license suspensions, mandatory alcohol education classes, ignition interlock devices, and other punishment. For that reason, it is imperative that you have only a qualified DUI lawyer handling your case from the beginning. If you or someone you know has been or may be accused of driving under the influence (DUI), or driving with a blood alcohol level at or above the legal limit, we invite you to read the information contained in this website and welcome you to call our office and discuss your case with a member of our firm. If you prefer, you may submit a confidential case questionnaire which will be reviewed by a member of our firm and receive a prompt response.