San Mateo County DUI Attorney Robert Tayac

Welcome to the website for San Mateo County DUI lawyer and California DMV attorney Robert Tayac. If you, a relative or someone you know and care about has been arrested for driving under the influence (also called drunk driving) in San Mateo County, or the surrounding counties of Alameda, San Francisco, Santa Clara or anywhere else in the San Francisco Bay Area, please read the material presented in the "What to Do First" and "DUI Overview" sections of this website, then seriously consider hiring an experienced, locally based lawyer who specializes in DUI defense and California DMV driver's license suspension matters.

California DUI Laws are complicated and San Mateo County DUI arrests almost always initiate at least two separate driving under the influence cases. The first DUI case is the criminal case, while the second DUI case is the DMV case. The criminal case is prosecuted by the San Mateo County District Attorneys' office at the San Mateo County courthouse located at 400 County Center in Redwood City. (Please note: The San Mateo County Superior Court located at 1050 Mission Road in South San Francisco closed on July 1, 2013) . The DMV case will be prosecuted by the California Department of Motor Vehicles' Driver Safety Office located at 1377 Fell Street in San Francisco or the satellite DMV Driver Safety Office located at 1500 Sullivan Avenue in Daly City.

Out of state drivers visiting California for business or pleasure are presented with additional legal issues because the state which issued them a license to drive (home state) can be expected to initiate an additional DUI case against their driver's license which may result in additional consequences being imposed in addition to those resulting from the California Department of Motor Vehicles DUI suspension case. The reason for this is that almost all states have entered into agreements to share information in order to advance a policy that every driver in the United States should have only one driving record. However, consequences to out of state licenses do not always have to occur if the out of state driver's case is properly handled.

DUI Investigations

Every time a person is stopped by a California Highway Patrol Officer, local police officer, San Mateo County Sheriff's Deputy, or other law enforcement officer in San Mateo County, they may be subjected to a driving under the influence screening. If the officer or sheriff's deputy becomes suspicious, a DUI investigation may be initiated and potentially incriminating evidence will be collected.

A driver's physical appearance and performance on so-called field sobriety tests will be recorded on a police report, as well as the result of a Preliminary Alcohol Screening device, evidential breath test, or evidential blood test. The officer will make an arrest if it is concluded that a person was driving under the influence or had a breath alcohol level above the legal limit of 0.08 percent for those over 21 years of age as measured by a Preliminary Alcohol Screening (PAS) device.

California DMV Case and the Ten (10) Day Rule

A person arrested in San Mateo County for driving under the influence has only ten (10) calendar days from the date of the DUI arrest to request a Hearing from the California Department of Motor Vehicles. This Hearing is called an Administrative Per Se (APS) license suspension hearing and will take place at the California Department of Motor Vehicles Driver Safety Office.

Scheduling a hearing with the DMV is essential because it allows the driver an opportunity to challenge the driver's license or driving privilege suspension and manage the timing of any suspension which may be ultimately imposed. If a driver arrested for driving with a blood alcohol level of 0.08 percent or greater fails to request a Hearing with the DMV within ten (10) calendar days of the DUI arrest, a California driver's license or privilege to drive in California (if an out state license holder) will be automatically suspended thirty (30) days from the date of the arrest for a minimum of four (4) months. At the DMV Hearing, the Hearing Officer will attempt to prove the person accused of driving with a blood alcohol level of 0.08% or greater was actually driving, and when driving had a blood alcohol level of 0.08 percent or greater at the time of driving.

Special rules apply to driver's under the age of 21 who are arrested for DUI in San Mateo County. In California, it is against the law for anyone under 21 to drive with a blood alcohol level of 0.01 percent or greater. The DMV will suspend the driver's license of a driver who drove with a 0.01 percent of alcohol while under the age of 21 as determined by a blood alcohol test or a breath alcohol test on an evidential breath alcohol tester or a Preliminary Alcohol Screening (PAS) device. Driver's who are under 21 years of age at the time of a California DUI arrest in San Mateo County face a one (1) year license suspension.

Professional Licenses, Law Enforcement Officers and Firefighters

Those arrested for drunk driving who hold professional licenses (attorneys, physicians, nurses (registered nurses or licensed vocational nurses), physical therapists, teachers, certified public accountants (CPA's), pilots, stock brokers, bankers, veterinarians, x-ray technicians, or other professionals) are at risk of having an additional case initiated by the board or commission which issued the license. Conviction for driving under the influence may impact a person's ability to practice their profession. Individuals who hold positions of trust, such as police officers, fire fighters, airline pilots and commercial truck drivers are also be presented with additional issues requiring special consideration.

Non United States Citizens and H1B Visa Holders

If a person is not a United States citizen, the risk exists of deportation, denial of naturalization, exclusion from admission to the United States, exclusion from readmission to the United States following travel outside of the United States. As well, denial of an extension of an H1B work visa or an upgrade to Lawful Permanent Resident (also called, Resident Alien Permit Holder or Green Card Holder) or other upgrade of status with the United States is a possibility, which is a specific concern to many highly qualified professionals working in the technology industry.

San Mateo County DUI Criminal Case

The criminal case will be prosecuted by the San Mateo District Attorneys' office which will most often charge the person arrested for drunk driving with two separate misdemeanor criminal charges. The first misdemeanor charge is for driving under the influence of alcohol, medication or drugs in violation of California Vehicle Code section 23152, subdivision (a). The second criminal charge is for driving with a blood alcohol level of 0.08 percent or greater as determined by breath or blood alcohol testing in violation of California Vehicle Code section 23152, subdivision (b).

People arrested for driving under the influence of medication or drugs in San Mateo County where no alcohol is involved will only be charged with driving under the influence in violation of California Vehicle Code section 23152 (a). However, the consequences imposed by the San Mateo County Superior Court and the California Department of Motor Vehicles following a conviction for driving under the influence of medication or drugs are more severe than in a driving under the influence of alcohol case. In fact, the California DMV will impose a minimum one (1) year license suspension for a person convicted of driving under the influence of medication or drugs and the entire license suspension must be served with no provision for a restricted license.

Although serious, the consequences of a first offense DUI arrest in San Mateo County are less severe than those of a second offense DUI arrest. Multiple driving under the influence cases such as a third arrest for driving under the influence or even a fourth arrest for drunk driving will lead to increasingly serious DUI penalties which may include a mandatory jail sentence or even a state prison commitment. Additionally, it is important to understand that the consequences of San Mateo County DUI accidents or DUI accidents causing injury or death are very severe and may lead to an actual jail or prison sentence. Although there are DUI defenses which may apply to particular cases, many DUI lawyers overstate the extent to which these defenses may be available to a particular individual's DUI case.

Members of the San Mateo County District Attorney's office take their professional responsibilities seriously, vigorously prosecuting people who have been arrested for driving under the influence. As well, Judicial Officers (Judges and Commissioners) of the San Mateo County Superior Court impose strict DUI penalties on those people convicted of drunk driving in San Mateo County. The penalties include jail, probation, driver's license suspension, fines, insurance filings, probation attendance at DUI schools, and fines.

San Mateo DUI Defense Attorney

Robert Tayac is recognized as being a top San Mateo County DUI lawyer who leads an experienced team of highly qualified DUI investigators and DUI experts serving clients accused of driving under the influence (DUI) violations in San Mateo County and all Bay Area Courts. He is a former San Francisco Police Officer and Police Inspector and is one of only a few California DUI attorneys who has received government training in DUI investigation and DUI accident investigation.

For more than two decades, Mr. Tayac's office has provided the highest quality legal representation available anywhere to clients facing alcohol related DUI charges in San Mateo County. His specialized education, training, and experience in DUI defense, enables him to effectively handle any California DUI case and makes him the choice of professionals accused of driving under the influence.

Additionally, Mr. Tayac coauthored the Fourth Edition of California Drunk Driving Defense which is the practice guide other attorneys use as a reference when they have questions regarding how to handle DUI cases in California. As well, he regularly provides lectures to other attorneys on California driving under the influence cases and California Department of Motor Vehicles license suspension matters.

Good people make mistakes. Hiring a qualified and committed San Mateo County DUI attorney is the most important decision a person will make after being arrested for driving under the influence. Following a DUI arrest, an experienced DUI lawyer can independently investigate the facts and circumstances of your case, question the arresting officer, and challenge blood alcohol and field sobriety test results. A qualified San Mateo DUI Attorney will protect your rights and vigorously defend you during the Pretrial and Trial proceedings and at the DMV hearing. By retaining the services of an attorney who specializes in San Mateo DUI cases, you have a greater chance of winning or minimizing the impact of the serious DUI criminal charges.

This office has helped people accused of drunk driving in San Mateo County successfully resolve or challenge their criminal and California Department of Motor Vehicles (DMV) DUI charges. Mr. Tayac's professional reputation is backed by a winning track record. Clients who hire the Law Office of Robert Tayac to represent them in their San Mateo County DUI cases are given Mr. Tayac's personal attention and care to help them get past the stressful San Mateo County DUI experience.

If you are charged with DUI, you need an experienced San Mateo Attorney. Feel free to call this office or write with any questions you may have regarding a San Mateo County DUI arrest or a DUI arrest in any other Northern California county. No attorney anywhere will achieve a better result for you or someone you care about in a San Mateo County driving under the influence case.