The finger-to-nose test is a common field sobriety test (FST) that some law enforcement officers administer in order to assess whether a DUI suspect is under the influence of alcohol and/or drugs.1 During the finger to nose test, the DUI suspect is required to: Bring the tip of the index finger up to touch the …
How long is the license suspension for a 1st time DUI?Watch this video on YouTube A first-time DUI conviction in California triggers a six-month driver’s license suspension. However, you can usually continue driving with an ignition interlock device in your vehicles. The only way to avoid a license suspension altogether after a drunk driving arrest …
Former D.A.: How to fight a "4th time DUI"Watch this video on YouTube A fourth DUI within a 10-year span can be charged as a misdemeanor or a felony in California under Vehicle Code 23550 VC. The punishment includes 180 days to 3 years of incarceration, fines of $390 to $1,000, DUI School for 30 …
Can GERD & acid reflux can "fool" the DUI breath test?Watch this video on YouTube Let’s say you were pulled over for DUI. You had had a drink or maybe two—but nowhere near enough alcohol to make you feel intoxicated. However, the breathalyzer results show that you had a blood alcohol concentration (BAC) over the …
The hand pat test is a non-standardized field sobriety test (FST). Law enforcement officials, including those from the California Highway Patrol (CHP) and the Los Angeles Police Department (LAPD), occasionally administer the hand pat test in order to gauge whether a DUI suspect is under the influence of alcohol and/or drugs.1 During the administration of …
Can a DUI get me deported?Watch this video on YouTube If you are a non-U.S. citizen in the country lawfully, a single DUI conviction should not cause adverse immigration consequences. But under certain circumstances, driving under the influence can lead to deportation, inadmissibility to the United States, or denial of citizenship. DUI crimes that can …
Penal Code 653 PC: What Happens if I Tattoo a Minor?Watch this video on YouTube California Penal Code § 653 PC makes it a crime to tattoo (or offer to tattoo) a person under the age of 18 years. A conviction is a misdemeanor punishable by up to 6 months in jail and fines of up …
California’s implied consent law is simple: If you get lawfully arrested for DUI, then you are presumed to have consented to take a breath test or blood test to measure your BAC. Vehicle Code 23612 states that: A person who drives a motor vehicle is deemed to have given his or her consent to chemical …
California Penal Code § 273(g) PC makes it a crime when a person “indulges in any degrading, lewd, immoral or vicious habits or practices, or who is habitually drunk in the presence of any child in his care, custody or control.” This offense is a misdemeanor punishable by up to 6 months in county jail …
Penal Code § 281 PC is the California law that prohibits bigamy, which is when you marry one person while you are still married to someone else. It can be a misdemeanor or a felony carrying up to three years in prison. The language of the statute reads that: PC 281. (a) Every person having …
Jail time is a standard California penalty for driving under the influence of alcohol or drugs. Though many jurisdictions suspend the jail sentence for a first-time DUI conviction if you: pay a fine, take an alcohol and drug education course, avoid new arrests while the case is open, and complete any other sentencing terms the …
Penal Code § 288i PC is the California statute that makes it a crime to commit a lewd act on a minor child under the age of 14, and to inflict bodily harm on the victim in doing so. A conviction is a felony punishable by life in prison with the possibility of parole. Under …
How do I clear a "failure to appear" and avoid jail?Watch this video on YouTube Failure to appear refers to a situation where you are legally required to appear in court for a matter, and you willfully fail to do so. In California, this can result in (1) a bench warrant being issued for your …
California Penal Code § 303 PC makes it a crime to loiter in or around a bar or restaurant for the purpose of asking other patrons to buy you alcohol. This is a misdemeanor punishable by up to 6 months in jail. The language of the code section states that: It shall be unlawful, in any …
The California DMV can suspend your driver’s license after a traffic accident in five instances: You get designated as a negligent operator for accumulating too many points. You get designated a negligent operator for contributing to an accident that causes serious injuries or death. You were driving under the influence of alcohol or drugs. You …
Can a low carb diet "trick" DUI breath tests?Watch this video on YouTube Some diets and medical conditions can cause your body to produce substances that are chemically similar to alcohol. These chemical substances are known as “ketones.”1 However, DUI breath testing machines cannot always reliably distinguish between ketones and alcohol. Moreover, ketosis breath can …
California Vehicle Code 23152(f) prohibits driving under the influence of drugs (DUID). “Drugs” are defined as any substance other than alcohol that could affect your nervous system, brain or muscles. They include prescription, over-the-counter, and illegal drugs. You drive under the influence of drugs when drugs impair you so that you can no longer drive …
Penal Code § 350 PC makes it a crime to manufacture, sell, or possess for sale, any counterfeit trademarks. This means making or selling fake branded products or “knock-off” versions of trademarked items. The offense is generally treated as a misdemeanor but can be charged as a felony if the number of counterfeit goods exceeds 1,000 units …
Penal Code § 381b PC makes it a crime either to be (a) in possession of nitrous oxide (laughing gas) or (b) under the influence of the substance for recreational purposes. Doing so is a misdemeanor offense punishable by up to six months in jail. The language of the statute reads as follows: 381b. Any …
California law in Penal Code § 20710 PC makes it a crime to manufacture, import, sell, give, or possess a “shobi-zue” (“SZ”). This can be charged as a misdemeanor or a felony, and carries a potential sentence of up to 3 years in jail. The language of the code section reads as follows: 20710. Except as …
Miranda rights in a DUI arrest? A former DA explainsWatch this video on YouTube It is a common misconception that police must read Miranda rights every time they make an arrest. In DUI cases, police are generally only required to read your rights if two conditions are met: you have been placed under arrest, and the …
Just Say "No" to Drug SwabsWatch this video on YouTube A mouth swab test (“MST”) is used by law enforcement personnel to check whether drugs are in a driver’s system. The test is used in the field once an officer suspects that a driver is driving under the influence of drugs (DUID). Drivers can refuse …
California Penal Code § 30610 PC makes possessing a .50 BMG rifle illegal, with violations punishable by up to 1 year in jail and/or a $1,000 fine. Some legal defenses are available, such as being exempt from prosecution or showing no actual possession of the rifle. The language of the code section reads as follows: …
Can you get a DUI even if cops never see you driving?Watch this video on YouTube You are not guilty of DUI if there is no proof of driving. Driving is an element of the crime of driving under the influence. At trial, the prosecutor must prove beyond a reasonable doubt both that you were …
California Penal Code § 4550 PC makes it a crime to rescue, to help in rescuing, or to attempt to rescue a prisoner of the state. This offense is a felony punishable by up to 4 years in jail or prison. A “prisoner” may include: An inmate of a county jail or the California State …