The Criminal Case
According to California law, a person can be arrested for committing a DUI criminal offense for two separate violations of the California Vehicle Code. The first charge, under California Vehicle Code Section 23152(a), alleges that the individual was driving under the influence of alcohol or drugs. The California Vehicle Code stipulates that a motorist is considered under the influence if “as a result of drinking or consuming an alcoholic beverage and/or taking a drug” his or her "physical or mental abilities are impaired to such a degree that he no longer has the ability to drive a vehicle with the caution characteristic of a sober person or ordinary prudence, under similar circumstances."
The second violation a motorist can be arrested for is California Vehicle Code Section 23152(b), which asserts that it is unlawful for an individual to drive with a blood alcohol content (BAC) at 0.08% or higher.
Driving Under the Influence Arrest
In order for a California police officer to pull you over for a possible DUI, he must have probable cause to suspect you are driving under the influence. The officer may observe irregular driving patterns, such as unnecessary weaving and lane straddling or you may be stopped at a sobriety check point where the officer may observe physical signs of intoxication, such as the smell of alcohol. During a traffic stop, the law enforcement officer may request that the individual participate in a variety of field sobriety tests or consent to a blood alcohol test. If the driver fails the field sobriety tests or has a BAC of 0.08% or higher, he or she will be arrested for driving under the influence.
Obtaining a Lawyer
Once a person has been arrested for DUI, the next step he or she should take should be to retain the legal services of a reputable DUI defense attorney. Attorneys working for the Law Office of Robert Tayac will work to ensure that your individual’s rights are protected and will be available to provide representation throughout both the criminal DUI case and at the California DMV hearing process.
Arraignment
An arraignment is the initial appearance of the offender before the court. During the arraignment, the offender will required to enter a plea of “guilty,” “not guilty,” or “no contest” to his or her DUI charges. At this time, bail arrangements will also be made.
Criminal Trial
After the arraignment, the case will progress to trial. During the criminal trial, the prosecution and defense will present their evidence and question witnesses. During this portion of the trial, the defense attorney is able to challenge evidence presented during trial and cross examine witnesses put on the stand by the prosecution. After the trial, the judge will decide whether the offender is “guilty” or “not guilty.” If the person is found innocent, the case process is considered final. However, if the individual is found guilty, the individual will continue to the sentencing process conducted by the judge.
Sentencing
DUI sentencing can include a variety of harsh penalties such as imprisonment, monetary fines, suspension or revocation of an individual’s California driver license, community service, DUI School, and probation. The Law Office of Robert Tayac has represented hundreds of individuals charged with DUI in San Francisco and the greater Bay Area. The attorneys at the firm are highly qualified and extremely knowledgeable in the area of DUI law, helping to provide you the best possible outcome in your criminal trial.