First Offense San Francisco DUI
Robert Tayac is recognized as being among the top driving under the influence (DUI) defense attorneys in California and perhaps the best DUI lawyer in San Francisco. He is a no nonsense, straight talking lawyer who will tell you the facts about your San Francisco DUI case. Robert Tayac specializes in representing clients accused of driving under the influence of alcohol, medication or drugs in San Francisco, California and was coauthor of California Drunk Driving Defense which is a practice guide other lawyers study to learn how to handle California DUI cases.
It is important to understand that a lawyer representing a person arrested for driving under the influence (DUI) or driving with a blood alcohol level at or above the legal limit (0.08%) in San Francisco must appear at the San Francisco Superior Court located at 850 Bryant Street. In addition, a person arrested for a DUI in San Francisco will have a separate California DMV license suspension action stemming from an arrest for driving with a blood alcohol level at or above the legal limit. This second DUI case will be before the Department of Motor Vehicles' Driver Safety Office located at 1377 Fell Street, San Francisco. The DUI criminal case is unrelated to the Department of Motor Vehicles DUI case.
Robert Tayac will handle your DUI case personally wherever possible. However, each attorney working with his office specializes in DUI defense in San Francisco and is a present or former 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 San Francisco Superior Court and the San Francisco Hearing Officers working for the California Department of Motor Vehicles Driver Safety Office. The firm specializes in California DUI and California DMV cases and does not represent clients in any court or tribunal outside of the State of California.
A DUI arrest in San Francisco will most often initiate two separate cases. The first case is the DUI criminal case which will be prosecuted by the District Attorney's office in one of the courtrooms located on the second floor of the San Francisco Hall of Justice if the case is charged as a misdemeanor DUI or on the first floor of the Hall of Justice if the case is charged as a felony. The San Francisco District Attorney will almost always charge a person arrested for DUI with two separate criminal violations following a DUI arrest made by a California Highway Patrol officer, San Francisco Police Officer, or San Francisco County Deputy Sheriff.
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) at or above the legal limit of .08 percent or greater in violation of Vehicle Code Section 23152, subdivision (b). If an arrest involved an accident resulting in an injury to a person other than the individual arrested for driving under the influence, a more serious felony DUI may be charged by the San Francisco District Attorney in violation of
California Vehicle Code Section 23153, subdivision (a) and 23153, subdivision (b).
The second DUI case is a California Department of Motor Vehicles Administrative Per Se (APS) license suspension action, in which the driving privilege of the person arrested for DUI is at risk of being suspended for a minimum of four (4) months. Drivers arrested for driving with a blood alcohol concentration 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. If the person arrested in San Francisco 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 usually 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 lead to an additional case being initiated by the agency which issued an out of state driver's license because of information distributed by the Interstate Driver's License Compact (DLC).
California DMV hearings are complicated, and should only be handled by a lawyer who specializes in handling DUI cases and California DMV cases. To suspend a driver's license, the California Department of Motor Vehicles must prove by a preponderance of the evidence (more likely than not) that the police had reasonable cause to believe a violation of California Vehicle Code Section 23152 or Vehicle Code Section 23153 was committed, that the arrest (and detention) was lawful, and that the driver had a blood alcohol concentration (BAC) of 0.08 percent or greater. California DMV administrative hearings can be won, but typically only by an attorney with specialized knowledge of the DMV hearing process, the type of evidence presented and familiarity with the available defenses.
The stakes are high in a San Francisco drunk driving case. A motorist accused of driving under the influence of alcohol or drugs faces the possibility of jail, large fines, driver's license suspension, mandatory DUI classes, ignition interlock devices, and other consequences. For that reason, it is imperative to have a qualified San Francisco DUI lawyer handle your case.
If you or someone you know has been or may be accused of driving under the influence, or driving with a blood alcohol level at or above the legal limit in San Francisco, please read the information contained in this website and call the office and discuss your case with Robert Tayac. If you prefer, you may submit a confidential case questionnaire which will receive a prompt response.
DUI Resources for San Francisco: