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Under California DUI law, you are currently considered to have given “implied consent” to a DUI chemical blood or breath test if you drive a car in the state. If you refuse to take such a test after being lawfully arrested for DUI, and you are later convicted of DUI, you will face additional penalties …
You may have heard that people under the age of twenty-one (21) face a lower threshold for being convicted of California DUI. This is correct. The laws that apply to underage (under-21) DUI in California are a bit different than those for people 21 and older. The first thing to remember is that if you break …
If you’re on probation in Riverside County, California, you no doubt want your probationary period to end sooner rather than later. California law provides judges with the power to set the length of probation as well as modify the terms of probation. As such, judges can shorten the length of probation for individuals who file …
Police and prosecutors have little tolerance for people who drive under the influence of alcohol in Ventura County, California. But if you are under 21, they have zero tolerance. Any detectable amount of alcohol in your system could get you charged with and convicted for a Ventura County DUI. California Vehicle Code Section 23136 is …
You may not be aware of it, but when you obtained your California driver’s license or when you drive on California’s roads and highways, you have given your “implied consent” to submit to a breathalyzer test if you are lawfully arrested for driving under the influence of alcohol. Notwithstanding your “implied consent,” you can refuse …
There are a large number of defenses and ways to beat DUI charges in San Diego. But a new one may have recently appeared. A rare disorder that causes the body to produce alcohol on its own was recently used to successfully defeat DUI charges in New York state. Would it work in San Diego? …
If you are pulled over in Ventura County and the officer suspects that you may be intoxicated, you will likely be asked to take a series of physical tests as the officer evaluates your condition. Field sobriety tests (FSTs), as they are known, are entirely subjective in that the determination as to whether you have …
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 …
If you have a past juvenile adjudication for felony vehicular manslaughter, a later DUI could land you in prison.This was the holding in People v. Barclay, in which a California appeals court upheld a felony DUI sentence for Donavon Hicks Barclay III. Barclay was convicted of violating: • Penal Code 23152(a), California’s driving under the …
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 …