Blog: DUI - Page 3

In an effort to crack down on drunk driving, DUI issues are often reported in the news. Because of this, we all are aware that if we are pulled over for a DUI, we will be called upon to take a breathalyzer test. The breathalyzer machine is touted as being completely accurate, and the final …

You are driving home from drinks with friends when you are stopped by the police. After you fail field sobriety tests, the officer asks you to agree to a breath test to measure your blood alcohol concentration (BAC). You decline. California Field Sobriety Test You are placed under arrest and taken to a nearby hospital. …

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. (2019 UPDATE: IIDs are now mandatory in most DUI cases; even first-time DUI defendants need an IID for at least 6 months in order to be able to continue driving …

As is most often the case with a holiday weekend, California law enforcement officers stepped up their patrols this past weekend. Not only were they operating a number of DUI / driver’s license checkpoints but they were also engaging in roving DUI saturation patrols. If you were unfortunate enough to be arrested for driving under …

With the end of school, the fourth of July and summer parties comes underage drinking and driving. Being arrested is a scary experience for anyone. And if it’s scary for an adult, imagine how much more so it must be for a child. Obviously, no one wants to receive a call that his/her child has …

Let’s assume you were arrested for the California crime of DUI. For whatever reason, you decided to plead guilty or no contest to the charge. Perhaps you didn’t want to take time away from work or school to fight the charge. Perhaps you just wanted to put the case behind you. Or perhaps your attorney …

One of the basic California DUI probation terms that is imposed in connection with a DUI sentence is that the defendant not drive with any measurable amount of alcohol in his/her system. Another routine term that is imposed is that the defendant not drive without a valid driver’s license. Under California DUI law, California driver’s …

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. According to California law, you are under the influence of heroin when your physical and/or mental abilities are impaired in “any …

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

First off, let me say that not everyone who has been convicted of a California DUI crime should plan on filing an appeal. The California appellate process is very limited and only deals with specific legal issues. This means that unless your DUI case involves one of these issues, an appeal will be fruitless. This …

California’s victim restitution laws provide that any person who suffers an economic loss due to another person’s criminal act is entitled to recoup those expenses. This means that if you are arrested for driving under the influence…and the incident involves an accident…California law may require you to pay victim restitution. If the victim can prove …

Because a “no contest” plea under California DUI law is essentially the same as a guilty plea…given that both result in a sentence…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, …

While the vast majority of California DUI cases resolve prior to trial, those that do not typically 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 …

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 jail or prison sentence. But perhaps one of the harshest penalties is the possibility of losing…or never obtaining…a professional license. …

Vehicle Code 23152 VC California’s DUI law and Penal Code 148 PC California’s “resisting arrest” law are frequently charged in the same criminal complaint. Often times a person who is intoxicated may be less inhibited than a sober person and may therefore feel more comfortable resisting or otherwise obstructing the officer who is trying to …

Many California illegal weapons charges, such as Penal Code 12020 PC, California’s law against possessing dangerous weapons, stem from police investigations that have little or nothing to do with weapons. This is because many firearms and other weapons are discovered during searches that are incident to lawful…and sometimes unlawful…arrests. When the police stop people for …

It actually depends. Unless there is “pronounced weaving” for a “substantial” distance, witnesses by a “seasoned” officer, the answer will be no. Good news for many California DUI suspects. This is because many officers will admittedly pull over suspected drunk drivers because they are weaving within their lanes. This, the police believe, is a DUI …

While everyone knows about the great weight-loss benefits of the Atkins Diet, few people know about the diet’s other big advantage…it’s a possible California DUI defense. This is because low-carbohydrate / high-protein Atkins-style diets can fool DUI breath testing instruments. This is because most California DUI breath testing machines aren’t equipped with the technology to …

Nevada’s “12 Hour Hold Law” allows police to keep people arrested for DUI in custody until they’re no longer under the influence. If they were drunk, police may wait until their BAL reaches .04 percent. If they were high, police can hold them for twelve hours. NRS 484C.110 criminalizes drivers who operate a vehicle while …

Many people incorrectly believe that if you are arrested for a California DUI…and the police don’t read you your “Miranda rights”…that your DUI charges will automatically be dismissed. The fact, however, is that absent very specific circumstances, Miranda rights are generally not required as a part of a California DUI investigation. Miranda rights, which typically …

As crazy as it sounds, you could in fact, be arrested for driving under the influence of Listerine, Nyquil, a few sips of a cocktail, or any other liquid or substance that contains alcohol. It’s not that you would necessarily be “under the influence” of any of these, but that they are all capable of …

Nevada DUI laws make a third DUI in seven years a felony, carrying at least a year in prison. But since 2007, third-time offenders have had the choice to go to DUI Court instead, a rigorous rehab program. In Douglas County, half of the participants have been successful and had their felony DUI convictions reduced …

Prosecutors and Judges have an enormous amount of discretion when it comes to imposing California DUI penalties. If you’re sentenced for a DUI, your punishment can range anywhere from spending no time in jail to spending up to ten years in the California State Prison, depending on whether (1) it’s your first, second, or subsequent …