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DMV Hearing Warning

Drunk Driving Defense Book
California Drunk Driving Defense by Lawrence Taylor
and Robert Tayac

San Francisco Bay Area DUI Lawyer and California DMV Attorney

San Francisco Bay Area DUI lawyer Robert Tayac has been an attorney for nearly twenty years and is recognized as being among the top driving under the influence (DUI) defense lawyers in California. With offices in Redwood City, San Rafael, Walnut Creek and Napa, investigators and experts working with this highly specialized DUI attorney represent clients accused of driving under the influence (DUI) of alcohol 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 and the Federal DUI Courts for the Northern District of California. Additionally, Mr. Tayac's office represents clients accused of driving with blood alcohol level (BAC) of 0.08% 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. This law office accepts only a California driving under the influence case and a related California Department of Motor Vehicles license suspension action.

Each investigator and expert working with this San Francisco Bay Area criminal defense firm specializes in drunk driving defense. Mr. Tayac is a present or past member of professional organizations whose focus is directed at representing individuals who are accused of driving under the influence, including the National College for DUI Defense, California DUI Lawyers Association, National Association of Criminal Defense Lawyers (NACDL), California Attorneys for Criminal Justice (CACJ), and California Public Defenders Association. As well, Mr. Tayac is a member in good standing of the The State Bar of California and is licensed to practice law in all California criminal courts and United States Federal courts for the Northern, Eastern, Central, and Southern Districts of California.

California driving under the influence (DUI) arrests almost always initiate two distinct 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 most often charge the driver with two separate criminal violations following a California 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 0.08 percent or greater in violation of California Vehicle Code section 23152, subdivision (b). (Please note, a driving under the influence offense case 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, Moffett Federal Airfield in Santa Clara County or other land under the jurisdiction of the United States.)

The second driving under the influence case is a California Department of Motor Vehicles administrative per se license suspension (APS) action, in which a person is at risk of having their California driver's license (if licensed by the State of California) or privilege to drive in California (if licensed by another state) suspended. Drivers arrested for driving with a blood alcohol concentration of 0.08% or greater in California have only ten (10) calendar 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) calendar days of the DUI arrest, the person's California driver's license (if licensed in California) 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 highly technical and case specific. For this reason, DMV hearings 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 (more likely than not) 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 0.08 percent or greater at the time of driving. 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 and the consequences are severe. 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 important to have a qualified driving under the influence defense lawyer handling your case as soon after the arrest as possible. If you, a relative or someone you know has been or may be accused of drunk driving, driving with a blood alcohol level at or above the legal limit, or driving under the influence of medication or drugs, we invite you to read the information contained in this website and welcome you to call our office to discuss your case with an experienced DUI lawyer. If you prefer, you may submit a confidential case questionnaire which will be reviewed by a lawyer and receive a prompt response.

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