In 2005, 1.4 million drivers were arrested for driving under the influence (DUI). Drunk driving is a dangerous crime with life altering legal consequences. In San Francisco, it is illegal for a driver to operate a motor vehicle while under the influence of drugs or alcohol. When a driver operates a motor vehicle after they have consumed alcohol or taken narcotics, that person is considered to be driving under the influence.
According to California law, it is illegal to operate a motor vehicle if:
- The driver’s ability to operate the motor vehicle is impaired by illegal drugs, prescribed medications, or alcohol.
- The driver’s blood alcohol concentration (BAC) is at or above 0.08%.
Law Enforcement Determining DUI
When law enforcement suspects that a person is driving under the influence, they will use certain methods to determine if the person is operating while intoxicated before making an arrest.
Observation
Law enforcement will watch for certain behaviors before they stop someone under suspicion of drunk driving. For example, if a driver is operating their motor vehicle inconsistently, law enforcement may stop the driver. Erratic driving may include making wrong turns, failure to signal, speeding, driving too slow, swerving, or failure to stop. Once law enforcement stops a driver, they will monitor the driver’s behavior. Law enforcement will look for signs of intoxication such as bloodshot eyes, slurred speech, smell of alcohol on the driver’s breath, and open containers in the vehicle.
Field Sobriety Tests
If law enforcement has reason to suspect that a person has been driving under the influence, they may ask the person to perform field sobriety tests. Field sobriety tests are voluntary. If a person agrees to perform the tests, he or she will be evaluated by law enforcement on how he or she performs and reacts during the testing. It is advised that people refuse to take the field sobriety tests, even if they are innocent, as they may fail and give law enforcement a reason to suspect drunk driving.
Blood Alcohol Level
Law enforcement may ask the driver to take a chemical test to determine his or her blood alcohol level. Blood alcohol concentration (BAC) tests measure the amount of alcohol in the driver’s blood. In San Francisco, if a driver’s BAC is 0.08% or higher, he or she is considered intoxicated.
DUI Punishments
DUI is a serious crime, and it should never be taken lightly. If a person is arrested for DUI, it will appear on his or her criminal record. A damaged criminal record may be viewed negatively by future employers and landlords, and can also impact a person’s educational opportunities. A person who is convicted of DUI is 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 0.20% 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, obtaining a qualified attorney is the most important decision you can make. A DUI attorney can protect your rights, inform you of your legal options, investigate the conditions of your arrest, and question law enforcement and witnesses. A skilled attorney can also provide the resources and aggressive defense you will need to successfully fight your DUI charges.
The Law Office of Robert Tayac has been helping people charged with DUI in San Francisco for over a decade. Attorney Robert Tayac has the education, training, and experience to defend your drunk driving case. Attorney Tayac can also help you schedule your hearing with the DMV and represent you at the hearing. Remember, you only have 10 days to prevent your license from being suspended. When you work with Robert Tayac, you can be assured that you are retaining the services of a knowledgeable and trustworthy DUI defense lawyer.
Contact the Law Office of Robert Tayac for your free case evaluation!
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