DUI

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. …

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 …

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 …

Vehicle Code 23109(c) VC “exhibition of speed”–also known as “speed ex”–is a fairly common vehicular crime in California. The legal definition of an exhibition of speed is driving or accelerating at an unsafe speed, in order to show off for someone else. Conceptually, speed ex has very little to do with the major California DUI …

Being arrested for and charged with DUI in California is a stressful experience. For many people, the prospect of a DUI plea bargain to a reduced charge is a relief–and a greatly preferable alternative to the ordeal of a criminal trial for DUI. But it is important to know exactly what you are getting with …

It’s many people’s worst nightmare. You’re driving after having had a drink or two–or maybe no drinks at all–and are pulled over. You honestly don’t feel “under the influence” in the slightest. But your performance on your field sobriety tests makes an officer suspicious, you are arrested for DUI—and a DUI breath test or blood test shows that you have …

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 …

driving while addicted to drugs is a form of DUI in California. This is correct: Vehicle Code 23152(c) VC, a subsection of California’s DUI law, criminalizes addicted driving.VC 23152(c) driving while addicted is a completely separate crime from Vehicle Code 23152(e) driving while under the influence of drugs. You can be guilty of the former …