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

Driving with a 0.08 Percent BAC Jury Instruction

Vehicle Code section 23152(b) as defined by CALCRIM 2111

The defendant is charged Count 2 with driving with a blood alcohol level of 0.08 percent or more in violation of Vehicle Code section 23152(b).

To prove that the defendant is guilty of this crime, the People must prove that:

1. The defendant drove a vehicle;

AND

2. When he or she drove, the defendant's blood alcohol level was 0.08 percent or more by weight.

If the People have proved beyond a reasonable doubt that a sample of the defendant's blood or breath was taken within three hours of the defendant's alleged driving and that a chemical analysis of the sample showed a blood alcohol level of 0.08 percent or more, you may, but are not required to, conclude that the defendant's blood alcohol level was 0.08 percent or more at the time of the alleged offense.

In evaluating any test results in this case, you may consider whether or not the person administering the test or the agency maintaining the testing device followed the regulations of the California Department of Health Services.

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

  • “I have no doubt that I engaged the best talent and proceeded in the best way throughout this.”

    C.Y.

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

    C.M.

  • “It was a pleasure working with you and the firm.”

    N.V.

  • “His in depth knowledge and expertise within his field, along with deep and lasting relationships with the District Attorneys office and everyone involved are without a doubt unmatched.”

    S.M.

  • “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.

Contact Us Today

Your Strong Defense Starts with a Case Evaluation
  • Please enter your name.
  • This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.