The issue regarding the difference between a DMV suspension and a court suspension arises in DUI cases. In these types of matters, a state’s Department of Motor Vehicles (DMV) can initiate the administrative suspension of a driver’s license following a DUI arrest. In addition, a court can order that a motorist’s license be suspended following …
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 criminal statute of limitations purposes means when one of the following events takes place: an indictment …
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, …
No. Nevada law’s prohibition against driving while under the influence of drugs or alcohol does not extend to bicycles, electric bikes, or skateboards. Cycling under the influence is not a crime in Nevada. However, drunk or high cyclists risk being arrested for reckless endangerment (NRS 202.595). Legal definition Reckless endangerment is a very broad offense …
Getting a DUI is an unpleasant experience, to say the least. Most people think that if they have been cited for a DUI, they are basically doomed. This is not always the case. There are many factors that can affect a DUI charge. With the help of qualified legal counsel, it is possible to sometimes …
Knowing what to expect after an arrest in San Bernardino County can help make the criminal legal process a little easier. Here is what happens after you have been arrested. Once you have been arrested, you will be taken to the police station to be fingerprinted and photographed. You have a right to remain silent, …
In California, you can be convicted of aiding and abetting anytime you encourage, facilitate or aid another person in the commission of a crime regardless of how insignificant your role. But aiding and abetting is not a crime unto itself. When the prosecutor believes that you are guilty of aiding and abetting a crime, he/she …
Most cases of driving under the influence in California are prosecuted as misdemeanors. However, if you suffer your fourth or subsequent DUI within a ten-year period or injure another person as the result of driving under the influence, then the prosecutor has the discretion to charge the offense as either a misdemeanor or a felony. …
Some medical and physiological conditions can cause DUI breath tests to produce falsely high results. Such conditions include: diabetes (a common DUI defense) ketosis hypoglycemia, fasting, and high-protein / low-carbohydrate diets (such as the Atkins and Paleo diets). These conditions involve insufficient carbohydrate intake for energy, or — in the case of diabetes — insufficient insulin to keep blood …
When people plead guilty to a California DUI charge, they usually get placed on probation. The court imposes certain “terms and conditions of probation.” Violating these terms and conditions may result in a bench warrant for one’s arrest, a probation violation, and possible jail time. The terms of probation consist of affirmative duties and prohibitions. …
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 …
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. …
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 …
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 …
Driving drunk is a violation of California traffic laws. But just because someone was driving under the influence of alcohol and/or drugs, the drunk driver is NOT automatically at fault for an accident. In California, someone is at fault for a vehicle accident when: He or she drove a vehicle; While driving, he or she …
In Assembly Bill 2687, the California legislature lowered the blood alcohol limit for Californian “passenger for hire” drivers in an effort to protect riders. Starting July 1, 2018, paid drivers cannot have a blood alcohol level of .04 percent or more. The bill amends Vehicle Code sections 23152(e) and 23153(e). “Passenger for hire” is a passenger …
Under the Fifth Amendment to the U.S. Constitution, all criminal defendants–including those charged with driving under the influence (DUI)–have the “right to remain silent” when questioned by police. This right to remain silent applies whether you: Have been pulled over for DUI, Are being investigated for DUI (e,g., through field sobriety tests), or Have been …
Police don’t actually need “probable cause” to pull you over for California DUI. But they do need “reasonable suspicion”–which in practice is hard to distinguish from “probable cause.” Probable cause is a key concept in American constitutional law. Under the Fourth Amendment to the U.S. Constitution, law enforcement officers need probable cause to arrest a …
A “hiatal hernia” is a condition in which a piece of your stomach pushes up into your chest. No one knows what causes it, but it is more common in women, people over 50, and people who are overweight. The connection between a hiatal hernia and DUI is not readily apparent–but, in fact, there is …
If you are charged with California DUI, and you had a child in your car at the time you were arrested, there are two charges the prosecutor might consider. VC 23572 DUI with a minor under 14 in the car The first is actually a sentence enhancement, not a separate charge. People who commit DUI …
In 2010, the California legislature launched a pilot program (Vehicle Code 23700 VC) under which everyone convicted of California DUI in one of four counties would be required to install an ignition interlock device (IID) in their car for a certain period of time. Now the question is whether California will extend that requirement to …
California DUI penalties certainly put defendants into tight spots. On the one hand, your driver’s license will be suspended if you are convicted of DUI. On the other hand, you also will be required to attend an in-person alcohol education program known as “DUI school” for anywhere from three to 30 months. But how can …
