San Francisco DUI Defense Lawyer
San Francisco based Law Office of Robert Tayac is recognized as being among the top driving under the influence (DUI) defense firms in California. Attorneys for this highly specialized law office represent clients accused of driving under the influence (DUI) or driving with a blood alcohol level (BAC) at or above the legal limit in the criminal courts of San Francisco, San Mateo, Marin, Alameda, Santa Clara, Contra Costa, Sonoma and Napa counties. Additionally, lawyers of this law firm represent clients accused of driving with blood alcohol level (BAC) of .08% or greater stemming from California driving under the influence arrests before the Department of Motor Vehicles’ Driver Safety Offices in San Francisco, Oakland, San Jose and Santa Clara. The firm accepts only a California driving under the influence case and a related California Department of Motor Vehicles license suspension action.
Each lawyer of this criminal defense firm specializes in drunk driving defense and is a member of professional organizations whose focus is related to driving under the influence defense, 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 criminal courts and federal courts in the Northern, Eastern, Central, and Southern Districts of California.
A California driving under the influence (DUI) arrest typically initiates two separate cases. The first case is the California driving under the influence criminal case. The District Attorney of the county in which the driving under the influence arrest occurred will usually charge the driver with two separate criminal violations following a drunk driving arrest. The first criminal charge is for driving under the influence of alcohol, medication or drugs in violation of California Vehicle Code section 23152, subdivision (a). The second criminal charge is for driving with a blood alcohol concentration (BAC) of .08 percent or greater in violation of 23152, subdivision (b). (Please note, a driving under the influence offense will be prosecuted in the United States Federal Court for the Northern District of California by a lawyer working for the United States Attorney’s office if the arrest occurred within the geographic boundaries of the Presidio National Park in San Francisco or Moffett Federal Airfield in Santa Clara County.)
The second driving under the influence case is a California Department of Motor Vehicles administrative per se (APS) action, in which a person is at risk of having their California driver license or privilege to drive in California (if licensed by another state) suspended. Drivers arrested for driving with a blood alcohol concentration of .08% or greater in California have only 10 days from the date of the driving under the influence arrest to request a DMV administrative per se (APS) hearing. If a hearing is not requested within ten (10) days of the arrest, the person's California driver's license or privilege to drive in California (if licensed by another state) will automatically be suspended thirty (30) days from the date of the arrest for a minimum of four (4) months.
California Department of Motor Vehicles license suspension hearings are technically complex, and should only be handled by a lawyer with specialized experience in DUI defense and California DMV cases. To suspend a driver’s license following a California drunk driving arrest, the Department of Motor Vehicles need only prove by a preponderance of the evidence that the police had reasonable cause to believe a violation of Vehicle Code Section 23152 or Section 23153 was committed, that the driving under the influence 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 knowledge of the administrative per se hearing process, the type of evidence presented and familiarity with the possible defenses in drunk driving and DMV cases.
The stakes are high in a California drunk driving case. A driving under the influence arrest in California may result in 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 driving under the influence defense lawyer handling your case from the beginning. If you or someone you know has been or may be accused of drunk driving, 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 lawyer and receive a prompt response.