Frequently Asked Questions

Why would an officer suspect that a person is driving under the influence?

An officer may suspect that a person is driving under the influence if the person displays certain driving patterns which they have been trained to believe are consistent with a person driving under the influence. For example, if a person is swerving or weaving into other lanes, weaving within their own lane, ignoring traffic signs, speeding, or driving too slowly, an officer may suspect drunk driving. After an officer stops a person for suspicion of driving under the influence, the officer will examine the person to see if he or she has bloodshot eyes, smells of alcohol or an alcoholic beverage, slurs his or her speech, or moves uncontrollably.

Do I have to submit to chemical testing?

Yes. The implied consent law requires that a driver submit to a chemical test to determine their blood alcohol level if arrested for driving under the influence. If a driver refuses to submit to a chemical test, some agencies, including the San Francisco Police Department, will forcibly take a blood sample and the San Francisco District Attorney will probably charge a refusal enhancement, while other agencies will charge a refusal enhancement. Refusal to submit to a blood alcohol concentration test will result in automatic license suspension. Additionally, refusal to submit to a chemical test may be considered consciousness of guilt by the judge or the jury.

Should I submit to a BAC test?

In most cases, you should submit to a BAC test. Refusal to submit to a BAC test can result in automatic license suspension and may be perceived as consciousness of guilt. The result of a BAC test is not a sign of automatic guilt. BAC results are not 100% accurate and your BAC results can be challenged in a court of law.

What if my BAC was below 0.08%?

Even if your BAC test result was below 0.08%, you can still be charged with driving under the influence. If your ability to operate the motor vehicle was impaired by illegal drugs, prescribed medications, or alcohol, you can still be arrested for driving under the influence.

What are the penalties for a DUI conviction?

DUI is a serious crime that involves harsh legal penalties. If you are convicted of DUI, you may be subject to: incarceration, formal probation, monetary fines, driver’s license suspension or restriction, mandatory DUI treatment programs, car impoundment, and/or installation of ignition interlock devices. Sentences can be enhanced if the driver refused to take the BAC test, had a BAC result of 0.15% or higher, had a minor under age 14 in the vehicle, was speeding while driving recklessly, or had prior DUI convictions.

Contact The Office

Mr. Tayac and the DUI investigators and experts working with him stand ready to help you or your family member. A member of the office is available to speak with you regarding the case any day of the week between the hours of 8:00 a.m. and 8:00 p.m. Pacific Standard Time at 415-552-6000.