Blog: DUI

If a person is arrested or convicted of driving under the influence (DUI), one result is that he/she could be disqualified from global entry into United States airports. Global entry is a program of the U.S. Customs and Border Protection service (“CBP”). It allows certain travelers to receive expedited clearance once they arrive at certain …

Mistakes within a police report can significantly impact a DUI case – and could potentially result in the case getting dismissed or the accused getting acquitted at trial. Errors on a police report could show any of the following: no basis or probable cause for an initial stop (that led to the DUI), police made inconsistent, …

Eating before, or during the course of drinking, slows the rate at which alcohol is absorbed into a person’s body. This decrease in absorption means less alcohol enters the bloodstream, as compared to the situation when no food is eaten. Less alcohol entering the bloodstream results in a lower blood alcohol concentration (“BAC”). Other factors …

If you are convicted of any DUI-related offense in California, a judge can order you to install an Interlock Ignition Device (IID) onto your vehicle. But exceptions do apply. Note that IID’s are essentially mini-breathalyzer instruments installed onto your vehicle that prevent your car from operating unless you successfully provide an alcohol-free breath sample. 1. …

One of the basic California DUI probation terms that gets imposed in connection with a DUI sentence is that the defendant not drive with any measurable amount of alcohol in his/her system. A person that violates this term may be found in violation of his/her probation and may have to serve a county jail sentence. …

California heroin law prohibits a variety of heroin-related offenses. Two of these that may cause some confusion include California’s law against being under the influence of heroin and driving under the influence of heroin. 1. How does California law define “under the influence of heroin”? According to California law, Health and Safety Code 11550, you …

For various reasons, a defendant may plead guilty or no contest to a DUI charge. If the defendant later decides that a plea was not in his/her best interest, the accused must file a motion to withdraw the plea to enter a new one. 1. When can a defendant withdraw a plea in a California …

When you are arrested for a DUI, you choose a breath test or blood test, and these tests are to be administered to you at no cost. However, many California hospitals are sending bills in the neighborhood of $300 to those persons that were arrested for DUI and elected the blood test. 1. Who has to …

The California appellate process is somewhat limited and deals with specific legal issues. You can generally appeal your DUI case provided that it involves one of these “appeal-worthy” issues. It is important to understand the California appellate process to ensure an issue warrants an appeal. 1. When can a person appeal a DUI? Before you …

Because a “no contest” plea under California DUI law is essentially the same as a guilty plea, you may not give much thought to which plea to enter if you are about to be convicted of misdemeanor driving under the influence. But if your DUI involved any other cars, passengers, pedestrians, or property, which plea …

While most California DUI cases resolve before trial, some proceed to a jury trial (as opposed to a court, judge, or “bench” trial). And because DUI trials are among the most common types of California misdemeanor trials, there are definitely some routine practices that you can expect to see. 1. What are some routine practices …

Obviously, suffering a California drunk driving conviction is never a good thing. You face substantial fines, participation in alcohol and/or drug education classes, car insurance repercussions, and, depending on the severity of the offense, sometimes even a county jail or prison sentence. But is there a worry about losing a professional license? 1. How does …