Alameda County DUI
600 Montgomery Street, Suite 210
San Francisco, California 94111
Email: Bay Area DUI Lawyer
Alameda County DUI lawyer Robert Tayac is recognized as being among the top driving under the influence attorneys in California. Attorneys working with this highly specialized law office represent clients accused of driving under the influence of alcohol or driving with a blood alcohol level at or above the legal limit in Alameda County.
A lawyer representing a person arrested for driving under the influence of alcohol, medication or drugs must appear at one of the Alameda County Superior Courts located in Oakland, Alameda, Fremont, Hayward, or Pleasanton. In addition, a person arrested for drunk driving in the county will have a separate California DMV license suspension action stemming from the driving with a blood alcohol level at or above the legal limit charge. This second case will be before the Department of Motor Vehicles’ Driver Safety Office in Oakland or a designated DMV satellite office. The DUI criminal case and the Department of Motor Vehicles license suspension case are entirely separate and independent of each other.
Each of the criminal defense lawyers working with Mr. Tayac specialize in driving under the influence defense. Additionally, each of our lawyers is a present or former member of professional organizations whose focus is related to drunk driving and DMV 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). Also, each of the firm's lawyers is familiar with the specific procedures and local rules of the Alameda County Superior Court. This law office only accepts California Driving Under the Influence and Department of Motor Vehicle's cases. The firm's lawyers do not represent clients in any court or tribunal outside of the State of California.
A drunk driving arrest in Alameda County will usually initiate two separate cases. The first case is the driving under the influence criminal prosecution which will be initiated by the Alameda County District Attorney’s office. The District Attorney will usually charge a person arrested for DUI with at least two separate criminal violations. 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 level (BAC) of .08 percent or greater in violation of Vehicle Code Section 23152, subdivision (b). If the drunk driving arrest involved an accident resulting in an injury to another person, a more serious felony DUI will be charged alleging a violation of California Vehicle Code section 23153, subdivisions (a) and (b).
The second driving under the influence case is a Department of Motor Vehicles Administrative Per Se (APS) action, in which the arrested person’s privilege to drive is at risk of being suspended. Drivers arrested for driving with a blood alcohol level of .08 percent or greater have only 10 days from the date of arrest to request a DMV hearing. If the 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 of four (4) months. If the person arrested has a driver's license issued from another state, 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 may not be restored until a California DUI school is completed. Additionally, a driving suspension imposed by the California Department of Motor Vehicles will usually affect a person’s out of state driver’s license
California DMV hearings stemming from drunk driving arrests are technically complex, and should only be handled by a lawyer with extensive experience handling DUI and DMV cases. To suspend a driver’s license, the California Department of Motor Vehicles need only prove by a preponderance of the evidence that the police officer 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. DMV hearings can be won, but usually only by attorneys with specialized knowledge of the hearing process, the type of evidence presented and familiarity with the possible defenses.
The stakes are high in a drunk driving case. A person accused of driving under the influence of alcohol, medication or drugs faces 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 critical to have a qualified California DUI defense lawyer handle your case as soon as you are released by the police. 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 to discuss your case with a member of our law firm. After speaking with a lawyer or investigator of this office we welcome you to schedule an appointment to come in and discuss your case further in complete confidence. If you prefer, you may submit a confidential case questionnaire which will be reviewed by one of the firm's lawyers and receive a prompt response.
Alameda County General Information
Alameda County is one of 58 counties in the State of California. It occupies most of the East Bay region of the San Francisco Bay Area. As of the 2000 census, Alameda County had a population of 1,443,741, making it the 7th largest county in the State of California.
The County of Alameda includes the cities of Alameda, Albany, Berkeley, Dublin, Emeryville, Fremont, Hayward, Livermore, Newark, Oakland, Piedmont, Pleasanton, San Leandro, and Union City. The county seat is the City of Oakland. Additionally, Alameda County includes the unincorporated communities of Ashland, Castro Valley, Cherryland, Fairview, Sunol, and San Lorenzo.
DUI Resources for Alameda County, California:
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600 Montgomery Street, Suite 210 :: San Francisco, California 94111