November

Blog Posts in November, 2014

  • Fourth Time DUI Convict Within 10 Years in California? Welcome to a Felony Charge!

    We've said it before; we'll say it again: California prosecutors do not take kindly to DUI recidivists -- people who commit DUI crimes more than one time. Even first time offenders face jail time and other sundry punishments, which we've discussed at length in previous posts. But as you collect more and more DUI convictions over the years, your punishments increase in severity and become more ...
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  • Driving Under the Influence of Prescription Drugs in California Is a Crime: You Can Go to Jail

    When you think about the concept of "driving under the influence," you might conjure up images of someone pounding down one too many beers at a bar and hopping behind the wheel. Or you might imagine someone smoking a lot of marijuana or doing stimulants, like methamphetamine, and then driving the wrong way on the freeway. But even over the counter or prescription drugs can degrade your judgment ...
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  • Don't Do Stupid Things After Your DUI Arrest That Could Get You in Even More Trouble

    Getting stopped and arrested on a non-injury misdemeanor DUI count is awful enough – even this relatively minor DUI crime can lead to massive consequences ranging from the LOSS OF YOUR LICENSE to jail time to loss of your job to SKY ROCKETING INSURANCE PREMIUMS. But mistakes that you make in the hours and days after your DUI can actually vastly complicate your circumstances and lead to more jail ...
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  • You Failed Your DUI Field Sobriety Test: Does That Mean You Really Were DUI?

    What's the truth about your recent DUI arrest? Had you really consumed enough alcohol to be over California's legal limit of 0.08% BAC? Or were you on the line? Did you actually fail your roadside field sobriety tests because you're been under the influence, or did police unfairly or inaccurately measure your results? The answers to these questions matter because they can mean the difference ...
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  • So-Called "DUI Symptoms" Can Indicate All Sorts of Non-DUI Conditions

    Getting stopped for driving under the influence (DUI) can be a nervy, anxiety-producing event. The fear has a basis in reality. A conviction for DUI can lead to JAIL TIME as well as to a license suspension, strict probation terms, forced alcohol education classes, legal fees, court fees, inflated insurance rates, and INDIRECT CONSEQUENCES for your personal and business life, such as job loss. But ...
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  • How Good Was the Breathalyzer Test That Led to Your DUI Arrest?

    Getting busted for DUI in California can be a humiliating, painful, and expensive experience. Unfortunately, many defendants (and their families) get so confused and terrified by the arrest that they fail to take critical actions to investigate potential defenses. They miss out on obvious strategies that could ELIMINATE JAIL TIME, save their licenses, and protect their reputations, jobs, and ...
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  • Was Your DUI Stop Legal? If Not, What Can You Do?

    Did police recently stop you for a DUI in Tulare, Fresno, or Kings County? If so, you probably have certain assumptions about what defense options might be available to you. But odds are that you may not be thinking diversely or creatively enough, because you just don't know what sophisticated DUI defense options might be available for people in your type of situation. On the other hand, you ...
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  • Warning: Your Blood Alcohol Levels Can Actually Go UP at the Police Station After You've Been Arrested for DUI

    Does this describe you? Police stopped you in Porterville or Tulare for DUI and tested you at the station using a breath or blood test. You clocked in at just over the legal limit -- around 0.09% BAC. That was still an illegal and unacceptable BAC level, as stipulated by California Vehicle Code Section 23152. So will you GO TO JAIL? Will you lose your license? Will you have to pay fines, fees, and ...
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  • You Have the Right to Refuse a California PAS Test... But Not if You've Already Been Convicted of a DUI!

    When and how do you have the right to refuse a PAS test for California DUI? The answer depends on circumstances of your arrest. In some cases you do; in some cases, you don't. Why would you want to refuse the test? Let's say you believe that you were on the bubble of the legal limit; you might want to avoid taking the test to prevent prosecutors from getting more evidence to put you BEHIND BARS, ...
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  • Got a DUI While on a Paleo Diet? Breath Test Results Might Have Been Inflated!

    Racking up a DUI can lead to major punishments and massive inconveniences, including LOSS OF YOUR LICENSE, mandatory jail time, probation and forced installation of a device in your vehicle that prevents you from starting your car without blowing into a breathalyzer-like device first. To stay out of jail and to avoid other awful, life changing punishments, you want to build an aggressive defense. ...
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