DUI Overview
The California Department of Motor Vehicles (DMV) reported there were 203,866 California driving under the influence (DUI) arrests in 2007. Drunk driving is a dangerous crime with the potential for tragic life altering and life ending consequences. In San Francisco, it is illegal for a driver to drive a motor vehicle while under the influence of alcohol, medication or drugs. If a driver operates a motor vehicle after consuming alcohol, medication or drugs, that person may be considered to be driving under the influence.
California law provides that it is illegal to
drive a motor vehicle if:
- The driver's ability to operate the motor vehicle is impaired by alcohol, medication or drugs.
- The driver's blood alcohol concentration (BAC) is at or above 0.08%.
Law Enforcement Determining DUI
When a San Francisco Police Officer, California Highway Patrol Officer or other law enforcement officer suspects a person is driving under the influence, they may use certain investigative techniques to determine if the person may be operating a motor vehicle while under the influence before making a DUI arrest.
Observation
Law enforcement officers watch for certain driving behavior before they stop someone for suspicion of drunk driving. For example, if a driver is operating their motor vehicle erratically, law enforcement officer may stop the driver. Erratic driving may include making wrong turns, weaving within a lane, straddling a lane, failure to signal prior to turning or changing lanes, speeding, driving too slow, failing to stop at traffic control devices, or failing to proceed through traffic control devices appropriately. When a law enforcement officer stops a driver, they are trained to monitor the driver's behavior carefully for signs of being under the influence. Law enforcement officers will ordinarily look for signs of impairment such as bloodshot and watery eyes, slurred speech, odor of an alcoholic beverage on the driver's breath, and open containers in the vehicle.
Field Sobriety Tests
If law enforcement suspects a person may be driving under the influence, they can ask the person to perform so-called field sobriety tests. Field sobriety tests are voluntary,
divided attention tests. However, law enforcement officers have been trained not to tell the motorist that they have a right to refuse to perform them. If a person agrees to perform field sobriety tests, he or she will be evaluated by law enforcement on their ability to follow instructions, reaction and performance during the testing process. I advise people to refuse to take field sobriety tests, even if they have not drank any alcoholic beverages, as they may fail and give law enforcement a reason to make an arrest for drunk driving. There are two types of field sobriety test, termed
Standardized Field Sobriety Tests and
Non-Standardized Field Sobriety Tests.
Blood Alcohol Level
Law enforcement officers may ask the driver to take a chemical test to determine a driver's blood alcohol level. There are two types of chemical test. The first type of chemical test is a Preliminary Alcohol Screening Device (PAS). The second type of chemical test is the Evidential Breath Test or Blood Test which is required by the
California Implied Consent law.
Evidential Blood Alcohol Concentration (BAC) tests are mandatory and are intended to measure the amount of alcohol in the driver's blood directly by way of a
blood alcohol test or indirectly by way of a
breath alcohol test. In San Francisco, if a driver's Blood Alcohol Concentration (BAC) is 0.08% or higher, they are presumed to be under the influence.
DUI Punishments
DUI is a serious crime, and it should not be taken lightly. If a person is arrested for DUI, it will create a criminal arrest record. If convicted, the record of conviction may be viewed negatively by present and future employers and can also impact a person's educational opportunities. A person who is convicted of DUI is also subject to harsh legal consequences, such as jail time, fines, license suspension, DUI School, and probation. Sentences can be enhanced if the driver
refused to take the BAC test, had a
BAC result of 0.15% or higher, had a minor under age 14 in the vehicle, or had
prior DUI convictions.
San Francisco DUI Attorney
If you have been arrested for DUI in San Francisco, hiring a qualified attorney is the best decision you can make. A qualified DUI lawyer will protect your rights, inform you of your legal options at all stages of the case, investigate the circumstances of your arrest, and may question law enforcement and other witnesses. Most importantly, an experienced DUI attorney will obtain the best possible result if you settle your case or provide the skill and necessary resources to successfully fight your charges.
Robert Tayac and the attorneys, experts and investigators working with him have been helping people charged with DUI in San Francisco for over a decade. Robert has the specialized education, training, and experience to effectively and economically defend you in any San Francisco drunk driving case. As well, he will schedule your
DMV hearing with the
Driver Safety Office and represent you at the DMV Hearing. If your driver's license is suspended Robert will help you get your license reinstated at the earliest possible date. When you hire Robert Tayac, you are obtaining the services of one of the most knowledgeable and trustworthy DUI defense lawyers in California.
Office Location and Areas We Serve
The office is conveniently located in downtown San Francisco across from the Transamerica Pyramid at
505 Montgomery Street, 11th Floor San Francisco, California 94111. Robert represents clients who have been arrested in the following cities and counties as well as other cities throughout the San Francisco Bay Area:
Contact The Office
The Law Office of Robert Tayac has been helping people charged with DUI in San Francisco for over a decade. If you hire Robert Tayac to handle your case, you will know that you are retaining the services of a knowledgeable, experienced, and trustworthy San Francisco DUI lawyer.
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Contact the Law Office of Robert Tayac for your free case evaluation!