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Robert Tayac

Sick of Your California DUI charge? Me too!

Even though you've been arrested for DUI, you don't have to let it ruin your life. You may not realize it yet, but if you are thinking about simply going to court and pleading guilty to your DUI charge you may be cheating yourself.

You see, a qualified attorney can review the case for defects, suppress evidence, compel discovery of such things as calibration and maintenance records for the breath machine, have blood samples independently analyzed, obtain expert witnesses ­ all of which may help you to win your case at trial.

To find out what you need to know about your DUI arrest I've developed a website to give you a wealth of useful information . . . information which will show you how you may be able to save your license and your freedom . . . and possibly avoid fines, fees, and sharply increased car insurance costs of as much as $6,800.

For the most part, my easy-to-navigate site has information on it which you can't get anywhere else unless you are willing to do a great deal of legal research.

When you're on my site, you'll also learn how you can get a free, no-obligation consultation where I'll review your case and show you how I may be able to save your license and your freedom.

California DUI Drunk Driving Defense Information

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San Francisco DUI Lawyers

• Tamburello & Hanlon: Although investigative detentions that fall short of arrest do not require a warrant and may be based on less than probable cause, the Fourth Amendment requirement of reasonableness is applicable "whenever a police officer accosts an individual and restrains his freedom to walk away." The test of reasonableness for a Terry detention is whether a police officer can point to "specific and articulable facts" that would lead a neutral magistrate to conclude that both an investigative stop and a frisk were required. Applying this test to the facts of the case, the Court held that the police officer was justified in frisking three men who appeared to be casing a store for armed robbery. The Court reasoned that the police officer was reasonably led to believe that the men were armed and dangerous, and that the officer's safety required a frisk. However, the scope of the frisk must be limited to discover the object of the frisk (e.g., dangerous weapons).
• Clifford Gould: If a driver's BAC is at or above a set limit in a state, he will be deemed "per se intoxicated" and no additional proof of impairment is needed to convict him of DUI. "Per se" BAC levels range from .08% in most states to .10% in others. However, a driver can still be arrested and convicted for DUI without a determination of "per se intoxication," if the driver shows other evidence of impaired driving. The National Highway Traffic Safety Administration (NHTSA) has published 20 signs to assist officers in detecting drunk drivers, including wide turning radius, weaving, speed more than 10 miles below the legal limit, following too closely and braking erratically.
• Michael Raifsnider: When a police officer suspects you of being under the influence, he can order you to take field sobriety tests (FSTs). You can refuse to take these tests, but the result will invariable be your arrest. On the other hand, if you do attempt to perform field sobriety tests, their subjective nature pretty much ensures you'll fail anyway. Some police officers carry with them a portable breathalyzer. If you don't want to risk taking the FSTs, but feel you are not under the influence, you might want to ask to take the PAS test, or portable breathalyzer. This should convince the officer of your sincerity in refusing to try to perform the mostly subjective FSTs.
• Gasner, Spahr & Larson: Drunk driving arrests CAN be fought and won. However, it is vital that you contact an attorney immediately before your rights are lost. Your arrest can lead to an administrative suspension of your license by the DMV even BEFORE your first appearance in the criminal courts and it is therefore crucial that you contact us within a few days of your arrest or citation for drunk driving.
• Stephen Eckdish: Attorneys must now be ever vigilant in order to avoid the many harsh immigration consequences facing aliens in the criminal courts. Counsel must be able to recognize and creatively eliminate any deportable convictions for aggravated felonies, crimes of violence, drug offenses and crimes of moral turpitude.
• Aaron Bortel: Being arrested for Driving Under the Influence (DUI) can result in very serious consequences, including jail, large fines, probation, mandatory alcohol programs, canceled insurance, loss of employment and more. Regardless of whether you are convicted of DUI, the Department of Motor Vehicles (DMV) could restrict, suspend or revoke your driving privilege within 30 days of your arrest unless you take action within 10 days of your arrest. The good news is that DUI arrest does not mean you must suffer the consequences of a conviction or loss of driving privilege! With the right attorneys on your side you have a chance of getting the charges dismissed or reduced and keeping your driving privilege.
• Campbell & DeMetrick: If you are charged with a DUI in California these are your rights: You have the right to be represented by an attorney at all stages of the proceedings, and if you cannot afford an attorney, the court will appoint one for you. You have the right to a trial on the charge of any alleged prior conviction and specifically a right to a trial by a jury of twelve persons, all of whom must agree to a verdict before you may be found guilty. You have the right to subpoena into Court evidence and witness on your behalf, including your right to testify on your own behalf. You have the right to confront witnesses against you and cross-examine them. You have the right against self-incrimination, which means the right to remain silent and the right not to testify against yourself.
• David Wise: You should ... retain and consult with a criminal defense attorney about the specific facts of your case, and follow your attorney's advice.
• Quigley & Bortel: Being arrested for Driving Under the Influence (DUI) can result in very serious consequences, including jail, large fines, probation, mandatory alcohol programs, canceled insurance, loss of employment and more. Regardless of whether you are convicted of DUI, the Department of Motor Vehicles (DMV) could restrict, suspend or revoke your driving privilege within 30 days of your arrest unless you take action within 10 days of your arrest. The good news is that DUI arrest does not mean you must suffer the consequences of a conviction or loss of driving privilege! With the right attorneys on your side you have a chance of getting the charges dismissed or reduced and keeping your driving privilege.
• Robert Tayac
• Joshua Dale: Legal representation can prepare you for success in the court and DMV processes.
• Scot Candell: Don't fight the system by yourself. More than your license is at stake.
• Brian Dinday: Let's straighten out one term right away. We commonly say "drunk driving", but you do not have to be "drunk" to get convicted of this crime. If your ability to operate your vehicle is impaired in ANY SLIGHT DEGREE by alcoholic beverage or drugs, you risk jail, license suspension, mandatory counseling, and probably auto insurance rate increases. You also risk a criminal conviction if your blood alcohol level is 0.08% or more, whether or NOT you are impaired. Conversely, if you are impaired, it doesn't matter if your blood alcohol level was only 0.03.
• Tim Gomes: DUI remains one of the most serious consequences facing families today. Once you are arrested for dui your job and family is threatened with economic hardship of a significant nature.
• Steven Helfand: Many people charged with DUI believe that if they just "plead guilty" and "throw themselves on the mercy of the Court," the charges will go away. This is a serious mistake because there are numerous defenses to a DUI charge. As such, you may not have to plead guilty, have your driver's license suspended or restricted, pay a substantial fine, or even go to jail. Only a skillful DUI attorney can properly investigate the circumstances surrounding your arrest to determine which defense you should proceed with.
• Kapsack & Bair: On your ticket, or somewhere in your paperwork, the date, time and location for your first court appearance will be listed. If you haven't hired an attorney, you must attend court on that date and time. Following the attorney represented cases the judge will begin calling the non-attorney cases. At some point the judge will ask you to enter a plea to the charges, at this time you must plead either guilty or not guilty. Depending on your plea the judge will ask you several questions aimed at determining whether you want to waive your constitutional rights including your right to a speedy jury trial.
• John Runfola: Vehicular Crimes and DUI While often not a high-profile crime, being charged with driving under the influence of alcohol or drugs can have a significant impact on a persona's life and or livelihood, particularly in the tragic event of an injury or fatality.
• Charles Smith Properly handled, most DUI cases do not result in jail time, some cases are dismissed, others are plea bargained away. In many cases the judge and the district attorney really do not want you to go to jail. Jail is expensive for the government.
• Jeffrey Schwartz: BAC Charts
• David Wool: Just because you get arrested does not mean it is time to surrender, put up the white flag, and throw in the towel. Keep in mind that even if the evidence in the case against you seems overwhelming; a good attorney (especially one who is familiar with the judges and prosecutors who will be assigned your case) can make a BIG difference in the outcome you will have to live with.
• Walia Law Firm: An ideal criminal defense lawyer in San Francisco, Oakland, San Jose, and anywhere in California should know how to manage all stages of a criminal prosecution, including pre-charge investigations, interrogations, pre-trial negotiations, trials, appeals, creative sentencing schemes, later parole hearings, early probation termination, pardons and expungements.