California Blog - Page 19

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 …

Much of the negotiations between prosecutors and DUI defense attorneys involve reducing a DUI charge to a wet reckless or a dry reckless. Both of these reduced charges fall under California Vehicle Code 23103, the statute defining reckless driving. The difference between the two is that a “wet reckless” is a special form of reckless …

As many court dockets get clogged with an ever-increasing number of DUI cases, more of them are getting plea bargained. Typically this means a reduction of the charge to a wet reckless, dry reckless, misdemeanor exhibition of speed or even traffic infractions. Throughout the DUI court process, which may take months and involve several court …

DUI and “drunk in public” are misdemeanor crimes in California designed to protect the suspect and the public from a suspect’s dangerous, substance-induced behavior. Both laws criminalize a suspect’s being intoxicated in certain settings. But the level of intoxication that must exist for each crime to take place differs significantly. In short, DUI requires that …

California’s System of Mandatory DUI School: Does it Really Work? Most people know the routine that follows a California DUI conviction: probation, fines, a temporary drivers license suspension, and—of course—the infamous California DUI school. Indeed, California has developed an elaborate series of alcohol education programs for DUI offenders. These range from a 12-hour class for …

Often, we talk about lives lost and the emotional devastation that all parties suffer as a result of a drunk driving arrest. What most people don’t realize is the tremendous financial impact they will have to endure if convicted of operating a motor vehicle under the influence. According to an article posted on InsWeb, an …