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DUI Caselaw

Case law is the reported decisions of appellate courts which decide constitutional issues and interpret statutes. In the hierarchy of courts, appellate courts are above superior courts where DUI cases are charged. Appellate court decisions may be cited as controlling rules or precedent. The precedential value of appellate court decisions is referred to as stare decisis. The levels of appellate court authority are the Appellate Division of the Superior Court, California Court of Appeal, California Supreme Court and United States Supreme Court.

Decisions of the United States Supreme Court are binding on all lower courts, including the California Supreme Court, the California Court of Appeal and the California Superior Court. Decisions of the California Supreme Court are binding upon the California Court of Appeal and the California Superior Courts. Decisions of the California Court of Appeal are binding on all California Superior Courts.

Some attorneys believe incorrectly that the decisions of Appellate Divisions of the Superior Court are binding on all Superior Courts, but this is incorrect. In fact, some Judges incorrectly cite Appellate Division decisions of another county's superior court as binding authority. This is particularly problematic in DUI cases which are generally charged as misdemeanors. An appeal of a misdemeanor decision is generally made to the Appellate Division of the Superior Court in the county where the case was decided. Oftentimes the decisions of the Appellate Divisions relating to statutes have not been well reasoned and have led to results which arguably not what the Legislature which wrote the statute intended.

DUI Appellate Court Decisions

Included for the reader's reference are some of what I consider to be important Appellate Court Decisions in the field of California DUI law.

United States Supreme Court Decisions

California Supreme Court Decisions

California Court of Appeal Decisions

Superior Court Appellate Division Decisions

  • People v. Perez

Office Location and Areas We Serve

The Law Office of Robert Tayac is located in San Francisco at 505 Montgomery Street, 11th Floor San Francisco, California 94111. Satellite offices are maintained in Napa, Redwood City, San Rafael, and Walnut Creek.

For more information on driving under the influence matters in neighboring cities and counties, feel free to review the county specific information on the resource pages listed below:

  • San Francisco
  • Marin County
  • San Mateo County
  • Oakland
  • Walnut Creek
  • San Rafael
  • Alameda County
  • Contra Costa County
  • Napa
  • Palo Alto

Contact The Office

Robert Tayac and the DUI investigators and experts working with him have been helping people who have been arrested for driving under the influence in San Francisco and the surrounding counties for more than twenty years. If you hire the Law Office of Robert Tayac to handle your DUI case, you will know that you have retained the services of the most knowledgeable, experienced, and trustworthy San Francisco DUI defense team.

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

  • “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.”


  • “He's professional, honors his promises, and gets excellent results for all his clients.”


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


  • “Co-Author of the "first word" in DUI Defense law in this state...”

    D.C., Attorney at Law

  • “I will always be eternally grateful for your help and extreme kindness.”

    T., Captain of Police

Contact Us Today

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