California’s DUI laws can be complex and confusing. In this section, our attorneys break down the rules and explain the process.
DUI Laws A to Z
California’s DUI laws can be complex and confusing. In this section, our attorneys break down the rules and explain the process.
DUI Penalties
The impact of a DUI conviction can haunt a person for years to come. But a good attorney can often get penalties reduced…and sometimes even get the case dismissed
DMV & Licenses
A good DUI attorney may be able to get the license suspension reduced, or even avoided altogether
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Please note: Our firm only handles criminal and DUI cases, and only in California. We do not handle any of the following cases:
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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 the influence of drugs, here are a few reasons why you should definitely fight the charge.
First, because of the fact that it was a holiday weekend, officers were expecting drivers to be under the influence. This inherent bias can easily lead to incomplete or shoddy investigations…investigations that lead to an illegal or hasty arrest. We will highlight the officer’s bias to prove that…in the officer’s eyes…you were guilty from the word go.
Second, unlike a DUI involving alcohol…where the jury typically sees a blood alcohol reading…allegations of driving under the influence of drugs “DUID” are often more difficult to prove. Even if there was a blood test that revealed drugs in your system, that doesn’t mean that you were under their influence at the time of driving. We know the most persuasive arguments to convince prosecutors, jurors and judges that innocent explanations such as fatigue, anxiety or illness could have been responsible for your alleged impairment.
Third, even if it appears that you were guilty of the offense, if we can present proof that the collection, storage or analysis of your blood test was improper, the prosecutor will likely reduce or even dismiss your charges.
These are just a brief sample of why it is important to fight a California “driving under the influence of drugs” charge. The fact is that there are countless other defenses that…depending on the specific facts of your case…may also be applicable. Don’t assume that just because you were arrested for DUI means that you must be convicted of DUI because it just isn’t the case.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, Court TV, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.
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 ...
The California appellate process is somewhat limited and deals with specific legal issues. You can generally appeal your DUI case provided that it involves one of these “appeal-worthy” issues. It is important to understand the California appellate process to ensure an issue warrants an appeal. 1. When can a person appeal a DUI? Before you ...
California drivers with a suspended license have to wait for the suspension period to end. Then they have to apply for reinstatement with the Department of Motor Vehicles (DMV). This includes paying license reinstatement fees and proving proof of adequate car insurance. Some drivers may also have to provide evidence of completing certain courses, like traffic ...
In California, DUI and “drunk in public” are misdemeanor crimes designed to protect the suspect and the public from the suspect’s dangerous, substance-induced behavior. Both laws criminalize a suspect’s being intoxicated in specific settings. However, the level of intoxication that must exist for each crime to occur differs significantly. 1. What is the California crime ...