If you violate the terms of your probation in a California DUI case, three things may happen: the judge will issue a bench warrant, law enforcement can arrest you,1 and the court will hold a probation violation hearing.2 At this hearing, the prosecutor presents evidence to prove you violated probation. Then I would present evidence …
DUI breath testing machines detect alcohol for about 12 to 24 hours after you consume your last drink. That said, if you metabolize alcohol quickly, it is possible a breathalyzer will not detect alcohol after 12 hours. 1 Factors that influence the speed at which your body metabolizes alcohol include: weight/body fat percentage, height, genes, …
Most states say that DUI/DWI is a criminal offense, not a traffic infraction. A DUI offense is most often charged as a misdemeanor.1 Misdemeanors are generally crimes punishable by no more than one year in county jail.2 They are less severe crimes than felonies, which are offenses that are punishable by more than one year …
The state of California has numerous laws and regulations that govern how and when paychecks are to be issued. You should be aware of five key rights: what your pay stub has to include, when you are entitled to your wages, your rights to examine your payroll records, what has to be included in your …
No, you cannot take a California DUI school course completely online. Certain portions must be attended in person. Completely online DUI courses do not satisfy the requirements of California’s Department of Health Care Services (DHCS). You can, however, complete virtual services of a DUI course online. The most important thing to do is to ensure …
In California, the statute of limitations or window of time in which you can bring a PAGA claim is generally 1 year from the date of the last labor violation on which the claim is based. The Private Attorney General Act lets you file lawsuits against your employer for violating labor laws. To do so, you have to …
You were arrested for DUI/DWI after a breathalyzer test showed you had a .09% blood alcohol concentration (BAC). You were taking over-the-counter medications at the time because of a cold. Could these have affected your breath test? In some cases, yes, as we discuss below. 1. Do medications cause an increase in BAC? Some medications …
The Ambien defense is a legal defense to charges of driving under the influence of drugs (DUID). The defense is largely based on the fact that some prescription drugs and sleeping medications (such as Ambien) can put you in a trance similar to sleepwalking. When this happens and you are driving, it is often referred …
As of January 1, 2024, to be considered an exempt employee in the U.S., a worker must be paid a minimum salary of $844 per week, or $43,888 per year. Exempt workers in California, meanwhile, must be paid a salary that is at least twice the state’s minimum wage. The 2024 California minimum wage is $16.00 …
Commission-based pay is workplace compensation based on an employee’s sales productivity. It can be tied to the overall quantity of sales or the value of the things sold. How your particular commission pay is generally calculated is set out in the commission agreement. State and federal laws regulate commission-based pay. Four key things to know are: …
In California, there are six common sentencing alternatives to jail for driving under the influence (DUI). They are: drug or alcohol treatment or rehab, Mothers Against Drunk Driving (MADD) Victim Impact Program, community service, electronic monitoring with a SCRAM device, sober living, and DUI school. Each of these alternative sentencing options can help you stay …
Many felonies cannot be expunged. Each state has its own rules. Some states allow for the expungement of all or most felony convictions. Other states do not allow felonies to be expunged at all. Certain felonies are almost never eligible for expungement. These generally include murder, serious violent crimes, and sex crimes involving children. In …
An employee misclassification lawsuit is a civil case in which you argue that your employer misclassified you in order to avoid paying overtime or other payroll benefits. You can be misclassified in one of several ways. If the lawsuit is successful, you can recover your unpaid wages as well as the benefits that you did not …
In California, interest on unpaid wages is determined by state law or the employment contract. If the contract states what interest rate is to be used, then that rate applies. If the contract does not state what rate is to be used, then California law applies a rate of 10 percent per year, starting when …
Consider the scenario where the police arrested you in California for driving under the influence of alcohol (DUI). You are placed in custody and told that you have to post bail to get released. What should you know? One important thing to know right off the bat is that many times you may be released …
In general, it takes ten years for insurance premiums to go down after a drunk driving arrest. The ten-year period starts running from the date of the arrest. The ten-year period is due to California Insurance Code 1861.025, which became effective on January 1, 2007. IC 1861.025 applies to both adult and underage DUI cases.1 …
There is no federal law that automatically precludes you from securing a government position because of a DUI conviction. But a DUI/DWI on your criminal record can make it more difficult for you to get a job with the federal government depending on: the nature of the position you are applying for, the severity of …
You had to install an ignition interlock device (IID) in your car as part of a plea deal to a DUI charge. But you recently failed an interlock test after having a couple of beers with a friend. Is this bad? What can happen? The specific consequences for failing an ignition interlock test will vary …
Following a DUI conviction in California, you can get your license back after serving out the suspension and then reinstating your license with the DMV. Reinstatement will require three things: completing DUI school, filing proof of financial responsibility with the DMV (Form SR-22), and paying the DMV a license reissue fee.1 Initiating reinstatement is not …
Driving while under the influence of hydrocodone can lead to criminal charges for driving under the influence of drugs. The DUID laws in most states apply to all drugs that impair your driving abilities. This includes prescription painkillers such as hydrocodone (or the pain medicine more commonly known as “Vicodin”). Most DUID cases involve misdemeanor …
You can generally still travel to Mexico even if you were convicted of DUI or DWI in the United States. Note, however, that Mexican immigration officials can deny you entry if you have been charged with or convicted of a “serious crime” in Mexico or elsewhere.1 “Serious crimes” include all crimes that significantly and negatively affect …
You must wear a SCRAM bracelet as a condition of probation following a DUI/DWI offense. Will the device detect even a small amount of alcohol in my system? How sensitive is it? SCRAM devices will usually detect if you have a blood alcohol content (BAC) of less than 0.02%. However, most jurisdictions say that you …
A relatively new California law involving forced blood draws, in the context of DUI cases, states that no warrant is required for the draw when: an officer directs that your blood be drawn to measure blood alcohol content (BAC), and you freely and voluntarily choose a blood test over a breath test. This law was …
Playlist: Reckless Driving Plea Bargain in a California DUI CaseWatch this playlist on YouTube The most common way to get a charge of driving under the influence (DUI) dropped to a charge for reckless driving is through a plea deal. However, raising strong legal defenses against the DUI charge can also persuade prosecutors to reduce …
In California, you can win a wage claim by: understanding your legal rights, gathering evidence of a labor violation, filing a wage claim, helping with the investigation, and attending the wage claim hearing. An employment lawyer can help, particularly if the wage claim is a complex one. 1. Understand your rights If you do not …
