Experienced DUI Defense Attorney Contact Us Today to Move Forward with Your Case

Santa Clara County DUI Lawyer

Phone: 408-985-8700
Fax: 415-552-6099
Toll Free: 800-901-1888

Robert Tayac is recognized as being among the top driving under the influence (DUI) defense lawyers in California.

The Law Office of Robert Tayac represents 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 handling 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 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 hire an attorney who will 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 initiated by the DMV for driving with a blood alcohol level at or above the legal limit . 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 is not directly related to the California Department of Motor Vehicles case.

Each attorney working with Robert Tayac specializes in DUI defense in Santa Clara County, California and is 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 Santa Clara County Superior Courts. Robert Tayac 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.

Santa Clara County DUI arrests will almost always initiate two separate cases. The first case is the Santa Clara County criminal DUI criminal 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 person arrested for DUI is at risk of having his or her privilege to drive 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 DUI 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 technical and should only be handled by a lawyer with extensive experience handling California DUI and California DMV cases. To suspend a driver's license, the California Department of Motor Vehicles (DMV) must 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 DUI 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 consequences are severe in a Santa Clara County, California drunk driving case. A motorist 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 that you have only a qualified Santa Clara County DUI 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 driving under the influence (DUI), or driving with a blood alcohol level at or above the legal limit in Santa Clara County, please read the information contained in this website and call the office and discuss your case with me.

Santa Clara County General Information

undefinedSanta 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.

Contact the Law Office of Robert Tayac for your free case evaluation!

Why Choose Our Firm?

Attorney Robert Tayac Puts a Long, Decorated Career to Work for You
  • Puts Over 20 Years of Experience Toward Your Case

  • Specialized Education in DUI Defense

  • Has Trained Other Attorneys in San Francisco

  • Former San Francisco Police Officer & Police Inspector

  • Certified by the SFPD on the Intoxilyzer 5000 Testing Device

  • Co-Authored the 4th Edition of California Drunk Driving Defense

  • Boasts a Successful Record Achieving the Best Result for His Clients

  • Takes the Time to Understand You & Your Case

Client Testimonials

  • “You made me feel confident and reassured that all aspects of my case were being handled in a professional and efficient manner.”

    C.M.

  • “These clients have called me to thank me for referring them to the Law offices of Robert Tayac.”

    R.R., Attorney at Law

  • “...you achieved for me an outcome exceeding what is typical for Santa Clara County.”

    E.S.

  • “If you have a "must win," "zero sum" case and are willing to pay for his services, Robert Tayac may just be the very best DUI trial lawyer in Northern California.”

    N.D.

  • “I did have to pay a fine and attend a 3 month school but I was able to maintain my license.”

    R.C.

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