Santa Clara County DUI Defense Attorneys, Drunk Driving Defense Lawyers
The Law Office of Robert Tayac is recognized as being among the top driving under the influence (DUI) defense firms in California. Attorneys for the firm represent clients accused of driving under the influence of alcohol (DUI) or driving with a blood alcohol level at or above the legal limit (DUI) in Santa Clara County. The Santa Clara County Superior Courts which handle DUI criminal cases are located in Palo Alto, San Jose, San Martin and Sunnyvale. The largest courthouse in Santa Clara County is located in San Jose.
Misdemeanor DUI cases stemming from DUI arrests which occur in the incorporated cities of Campbell, Los Gatos, Milpitas, Monte Sereno, San Jose, Santa Clara, and Saratoga and adjacent unincorporated areas are filed and heard in the Santa Clara County Superior Court located in San Jose. Misdemeanor DUI cases stemming from DUI arrests which occur in the incorporated cities of Cupertino, Los Altos, Los Altos Hills, Mountain View, Sunnyvale and Palo Alto and adjacent unincorporated areas are filed and heard in the Santa Clara County Palo Alto courthouse with the exception of felony DUI cases arising within Cupertino and Sunnyvale which are heard at the Sunnyvale Courthouse. If a misdemeanor DUI arrest occurred in the incorporated cities of Gilroy, Morgan Hill, and San Martin and adjacent unincorporated areas are filed and heard in the Santa Clara County Superior Court located in San Martin.
A lawyer representing a person arrested for driving under the influence or driving with a blood alcohol level at or above the legal limit in Santa Clara County will have to appear at one of the Santa Clara County Superior Courts located in located in Palo Alto, San Jose, San Martin or Sunnyvale. In addition, a person arrested for a DUI in Santa Clara County will have a separate California DMV license suspension action stemming from a driving with a blood alcohol level at or above the legal limit (DUI) arrest. This second DUI case will be before the California Department of Motor Vehicles' Driver Safety Office located in San Jose, Santa Clara or a designated Santa Clara County DMV office. The DUI criminal case has no direct relationship the California Department of Motor Vehicles case.
Each of our attorneys specializes in DUI defense in Santa Clara County, California 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). Additionally, each attorney is familiar with the specific procedures of the Santa Clara County Superior Courts. The firm accepts no other type of case other than a California DUI or DMV cases and does not represent clients in any court or tribunal outside of the State of California.
A DUI arrest in Santa Clara County will almost always initiate two separate cases. The first case is the Santa Clara County criminal DUI case which will be prosecuted by the Santa Clara County District Attorney's office at the Superior Court located in Palo Alto or San Jose. The Santa Clara County District Attorney will usually charge a person arrested for DUI in Santa Clara County with at least two separate criminal violations following a DUI arrest made by a California Highway Patrol officer, Santa Clara County deputy sheriff, or local police officer of Campbell, Cupertino, Gilroy, Los Altos, Los Altos Hills, Los Gatos, Milpitas, Monte Sereno, Morgan Hill, Mountain View, Palo Alto, San Jose, Santa Clara, and Sunnyvale. The first DUI charge is for driving under the influence of alcohol, medication or drugs in violation of California Vehicle Code section 23152, subdivision (a). The second DUI charge is for driving with a blood alcohol level (BAC) of .08 percent or greater in violation of California Vehicle Code Section 23152, subdivision (b). If a DUI arrest involved an accident resulting in an injury to a person other than the individual arrested for DUI, a more serious felony DUI will be charged by the Santa Clara County District Attorney in violation of California Vehicle Code section 23153, subdivision (a) and California Vehicle Code section 23153, subdivision (b).
The second DUI 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 at or above the legal limit of .08% or higher in California have only 10 days from the date of arrest to request a DMV administrative per se (APS) hearing. If a DMV hearing is not requested within ten (10) days of the arrest, any California driver's license will automatically be suspended thirty (30) days from the date of the arrest for a minimum period of four (4) months. If the person arrested in Santa Clara County for DUI has an out of state driver license, the privilege of that person to drive within the State of California will be suspended indefinitely thirty (30) days from the date of the arrest and will not be restored until a California DUI school is completed. Additionally, a driving suspension imposed by the California Department of Motor Vehicles for a DUI will usually have an effect on the out of state driver's license in their home state.
California DMV hearings are technically complex, and should only be handled by a lawyer with extensive experience handling 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 an understanding of the possible defenses.
The stakes are high in a Santa Clara County, California drunk driving case. A motorist accused of driving under the influence faces the possibility of jail, large fines, driverís license suspensions, mandatory alcohol education classes, ignition interlock devices, and other punishment. For that reason, it is imperative that you have only a qualified Santa Clara County DUI lawyer handle your case. 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 in Santa Clara County, we invite you to read the information contained in this website and welcome you to call our office and discuss your case with a lawyer or DUI specialist at our firm. If you prefer, you may submit a confidential case questionnaire which will be reviewed by a DUI defense lawyer of our firm and receive a prompt response.
Santa Clara County General Information:
Santa Clara County is a county located in the San Francisco Bay Area of the U.S. state of California. It is the primary site of Silicon Valley. The county seat is San Jose.
Santa Clara County was one of the original counties of California, formed in 1850 at the time of statehood. The original inhabitants included the Ohlone, residing on Coyote Creek and Calaveras Creek. Part of the county's territory was given to Alameda County in 1853.
There are 15 incorporated cities and towns in Santa Clara County including Campbell, Cupertino, Gilroy, Los Altos, Los Altos Hills, Los Gatos, Milpitas, Monte Sereno, Morgan Hill, Mountain View, Palo Alto, San Jose (which includes the former cities of Alum Rock, Cambrian Park, East San Jose, Santa Clara, Saratoga, and Sunnyvale). Unincorporated communities include San Martin and Stanford.
After two centuries of an agricultural economy started by the Spanish missionaries, the focus has shifted to technology. This trend is not new. Hewlett Packard was founded in 1939, and Fairchild Semiconductor along with other early innovators were located in the county by the late 1950s. The term "Silicon Valley" was itself coined in 1971. The trend accelerated in the 1980s and 1990s, and agriculture has been nearly eliminated from the northern part of the county. Today, Santa Clara County is the headquarters for such companies as Apple Computer, Sun Microsystems, Hewlett Packard, Quest, Intel, Google, Yahoo, and many others. The county is the main area of the Silicon Valley, which includes several other counties both north and south of Santa Clara.
Resources for Santa Clara County:
The Law Office of Robert Tayac
600 Montgomery Street, Suite 210
San Francisco, California 94111
Alameda County: 510-352-9500
Contra Costa County: 925-288-9800
Marin County: 415-552-6000
Napa County: 707-576-9900
San Mateo County 650-570-3000
Santa Clara County: 408-985-8700
Sonoma County: 707-576-9900
San Francisco: 415-552-6000; Fax: 415-552-6099
Toll Free 800-901-1888