Raiders’ Wide Receiver Charged With DUI In San Francisco
According to court records the San Francisco District Attorney has filed charges of drunk driving against Raiders’ wide receiver Darrius Heyward-Bey. The charges are a result of Heyward-Bay’s arrest on April 7th, 2012 at about 2 a.m. on the Bay Bridge.
According to the CHP, Hayward-Bey was stopped after an officer observed his SUV speeding and weaving within a traffic lane. Hayward-Bey was subjected to standard field sobriety tests, which he failed. According to the CHP Hayward-Bey was very cooperative with the officers.
The blood alcohol concentration was not yet released, however DUI charges are generally brought if a driver’s blood alcohol concentration (BAC) is .08% or higher.
A lesser known fact is that DUI charges can also be brought in cases where the BAC is less than .08%.
California Vehicle Code Section 23152(b) applies when a driver has a BAC of .08% or higher. Section 23152(a) applies when a driver is under the influence of alcohol or narcotics, without reference to the BAC. This means a driver can be charged with an alcohol related DUI even if his or her BAC is measured at less than .08%. In making a charging decision in these types of DUI cases, the prosecutor will look at a variety of factors including bad driving, performance on field sobriety tests and objective signs of intoxication. If a driver has a BAC of .08% or more, prosecutors generally charge both DUI sections.
If you have been arrested for DUI in San Francisco, San Mateo, Alameda, or Contra Costa county, call us to discuss your case. You need the best possible representation to stand up and defend your constitutional rights. Call a Bay Area Defense Lawyer at Dudek & Cintean, LLP today.