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Marin County First Offense DUI

If you have been arrested in Marin County for driving under the influence by the California Highway Patrol, Marin County Sheriff's Department, local police department or other law enforcement agency, you will be prosecuted by the Marin County District Attorney's office in the Superior Court located at 3501 Civic Center Drive in San Rafael. Every Marin County DUI arrest actually initiates two cases. The first case is the DUI criminal case, while the second case is the DUI Department of Motor Vehicles (DMV) license suspension action.

The Marin County driving under the influence case is sometimes called drunk driving and the Marin County District Attorney's office will charge a minimum of two misdemeanors. The first misdemeanor DUI charge is for driving under the influence of alcohol, medication or drugs in violation of California Vehicle Code section 23152(a). The second misdemeanor DUI charge is for driving with a blood alcohol level of 0.08 percent or greater as measured by an evidential breath test or blood test in violation of California Vehicle Code section 23152(b).

Additional violations or enhancements may be charged in the Marin County criminal case by the District Attorney if the driver's blood alcohol level is 0.15 percent or higher, 0.20 percent or higher, a child under fourteen (14) years of age was in the car, or if the driver was traveling more than thirty (30) miles per hour over the speed limit on the freeway or more than twenty (20) miles per hour on the Golden Gate Bridge.

The Department of Motor Vehicles license suspension action will be initiated by the Driver Safety Office located at 1377 Fell Street on the Second Floor in San Francisco. A driver with a California driver's license is entitled to a Hearing before any license suspension action may be taken. A driver licensed by a state other than California will have their privilege to drive in California suspended by the California Department of Motor Vehicles if driving with a blood or breath alcohol level of 0.08 percent is proven. The DMV will try to prove that the person arrested was driving with a blood or breath alcohol level of 0.08 percent or greater.

There are typically three issues three issues the DMV Hearing officer will try to establish. The first issue is whether the law enforcement officer had reasonable cause to believe the driver was operating a motor vehicle in violation of one of the California DUI laws (California Vehicle Code sections 23152, 23153, or 23154). The second issue is whether there was a lawful arrest and lawful detention. The third issues is whether the person was driving with a blood alcohol level of 0.08 percent or greater.

Marin County DUI lawyer Robert Tayac represents people arrested in the following communities:

Belvedere, Bolinas, Corte Madera, Dillon Beach, Dogtown, Fairfax, Greenbrae, Inverness, Inverness Park, Kentfield, Lagunitas-Forest Knolls, Larkspur, Marin City, Marshall, Mill Valley, Muir Beach, Nicasio, Novato, Olema, Point Reyes Station, Ross, San Anselmo, San Geronimo, San Rafael, Sausalito, Stinson Beach, Tiburon, Tomales, Woodacre. 

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