Blog: DUI

The presence of certain aggravating factors will turn a DUI into a crime of moral turpitude. A DUI can be a crime of moral turpitude (CIMT) if there were aggravating factors. It can also be a CIMT if drugs were involved. If it is a CIMT and the offender is not a U.S. citizen, that person’s immigration status can …

A DUI can only preclude you from getting federal student loans if drugs were found or if you are currently incarcerated. This could also cause a person to lose existing loans already granted. You may be ineligible to apply for federal aid for up to 2 years. In addition to federal funding, a DUI conviction can …

There is no such thing as a hopeless California driving under the influence (DUI) case. No matter what the allegations against you are, there will always be a promising DUI defense strategy that you can try.   The prosecution may allege that you drove with a blood alcohol concentration (BAC) of 0.20% (well over the legal …

Sentencing alternatives can help defendants avoid jail time. There are six common sentencing alternatives to jail for driving under the influence (DUI). They are: drug or alcohol treatment or rehab, Mothers Against Drunk Driving (MADD) Victim Impact Program, community service, electronic monitoring with a SCRAM device, sober living, and DUI school. Each of these alternative …

DUI charges can stem from any drug that impairs the ability to operate a vehicle safely. There are five prescription drugs in particular that commonly lead to DUI charges: Adderall, Xanax, Ambien, Vicodin, and Clarinex. Each of these can cause a motorist to be under the influence. None of these drugs cause any alcohol to enter the bloodstream. …

Yes, it is possible to get charged with a DUI for operating an e-scooter under the influence of drugs or alcohol. Most states have DUI laws that apply to motorized scooters. This includes Lime or Bird e-scooters. However, some states have DUI laws that only apply to vehicles with larger motors. The particular language in each …

It is legal to have unopened alcohol in your car if you are over 21 years old. If you are under 21, it is illegal to be in possession of alcohol even if it is unopened. The only exception for under 21 drivers is the transport of unopened alcohol at the direction of a parent, …

Retrograde extrapolation is a way to estimate a DUI suspect’s blood alcohol content (BAC). Police use the method to calculate what someone’s BAC was, hours before they were tested. Retrograde extrapolation is significant because it is often inaccurate. Suspects accused of driving under the influence can challenge the process and defend against a DUI charge. …

Some short-term costs of a violation of a DUI law include: three to five years of summary probation, six months to several years in county jail (depending on the specific DUI offense charged), fines and penalty assessments that can total up towards $5,000, and completion of DUI school ranging from three to nine months. Some …

If a college applicant has a DUI record, the school or university may do one of three things. These are: deny the applicant, may or may not deny the applicant while using the DUI as a factor in the decision, or ignore the DUI and accept the applicant. The determination as to which one of these …

A misdemeanor charge of driving under the influence (DUI) in California must be commenced within one year of the date it occurred. A felony DUI charge must be commenced within three years of the date it occurred. Commenced for statute of limitations purposes means when one of the following events takes place: an indictment or …

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 …

Mistakes within a police report can have a significant impact on a DUI case – for the betterment of a person accused, or charged with, DUI. Mistakes could lead to charges getting reduced or even dismissed. Errors on a police report could show any of the following: no basis or probable cause for an initial …

Xanax is a drug that can be legally prescribed in California. If a person has a legal prescription for Xanax, it is lawful for him to drive after taking the drug, if taken as a medication. However, it is illegal under California Vehicle Code 23152(f) for a motorist to drive under the influence of drugs …

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 into certain …

MVARS stands for Mobile Video/Audio Recording Systems. These devices are dashboard-mounted cameras used in some California law enforcement vehicles to record arrests, and events leading up to arrests. MVARS are also often referred to as “dash cams.” A few of the things a dash cam can record include: conversations between police and suspects prior to …