DUI

Recent Posts in DUI Category

  • Have a Class C License? What to Do After a DUI Arrest

    Commercial Risks Class C commercial drivers’ licenses permit you to drive a wide range of heavy load, two and three axle vehicles as well as those carrying hazardous materials. Vital to our economy, these drivers help support many industries such as logistics, construction, and energy. If you have a class C commercial license, your very career depends on your ability to keep your license valid. If ...
    Continue Reading
  • Sobriety Checkpoints and Marijuana Use: A New Situation

    New Technologies for New Law Enforcement Problems California is one of the many states that use sobriety checkpoints to crack down on DUIs. Typically, motorists who are stopped are asked a few questions and may be asked to submit to a field sobriety test or a blood alcohol concentration (BAC) test. These tests can easily catch drunk drivers, but what about drugged drivers? With the recent ...
    Continue Reading
  • A Look at the Use of Warrants During DUI Stops

    Your Rights and Protections Both State and Federal Constitutions protect you from unreasonable search and seizure . Legally defined, unreasonable search and seizure is a search without a warrant or probable cause. But in California DUI stops, it is not uncommon for this right to be violated or sidestepped. Many people wonder whether an officer needs a warrant issued by a judge to search a car ...
    Continue Reading
  • The Trick to Postponing Your License Suspension After a DUI Arrest

    Get a Stay to Stay on the Road Once you’re arrested for a DUI, the countdown to your license suspension begins. The arresting officer will give you a notice of your suspension, which states your suspension will go into effect in 30 days. Inaction is the quickest route to losing your license. If you do nothing, the DMV will automatically suspend your license in 30 days, leaving you with no options. ...
    Continue Reading
  • Do I Have to Be Present at My DMV Hearing?

    Appearing at Your Hearing If you are facing proceedings with the California Department of Motor Vehicles, you probably want to know what to expect. Many people have never been to an administrative hearing of any kind. Without knowing what to expect, it’s hard to prepare, which can hurt your chance of winning your case. The first thing to understand is that DMV proceedings differ from criminal ...
    Continue Reading
  • How Many Driving Points Will I Get for a DUI?

    The Points Add Up Among the many consequences of a DUI conviction, you will become involved with the California Department of Motor Vehicles, which oversees your driving privileges. The DMV will handle your Administrative Per Se license suspension, which is an automatic license suspension that takes effect 30 days after a DUI arrest . This suspension is separate from the suspension the court will ...
    Continue Reading
  • Who Oversees a DMV Hearing?

    Legal Proceedings DMV hearings are administrative proceedings separate from the criminal court. Generally speaking, a hearing is a brief proceeding used to establish certain facts or issues relevant to the case. Typically, a hearing involves both the presentation of evidence and arguments. On these points, DMV hearings are similar to court hearings. But DMV hearings are heard before an ...
    Continue Reading
  • How Do I Find Out if My License Is Suspended?

    Driving on a suspended license is a serious offense in California that can result in fines and even jail time. But believe it or not, many people are caught driving on a suspended license and argue they didn’t know about the suspension. To make sure you aren’t caught unaware, you should learn about how license suspensions are handled in California and how to figure out if your license is ...
    Continue Reading
  • Stay Informed: Summer Sobriety Checkpoints

    Summertime Sobriety Checkpoints Sobriety checkpoints are ubiquitous in summer months across the State of California. Summer, with its holidays, festivals, and other events and activities, can result in more drunk drivers on the road. California operates around 2,500 sobriety checkpoints across the state year round, more than almost any other state. What this means for California drivers are more ...
    Continue Reading
  • DUI Accidents: The Consequences of a Conviction

    A DUI With Complications Many factors can affect a DUI case in California. One of the more significant ones is whether you caused an accident, injured someone, or damaged property while driving under the influence. If you caused a minor accident and no one was injured, you will probably only face a DUI charge, but don’t expect to get a minimum sentence. When you cause an accident and injure ...
    Continue Reading
  • How to Fight Your Negligent Operator Status

    When Your Status Changes The California Department of Motor Vehicle’s Negligent Operator Treatment System keeps tabs on all Californian drivers. Acting as a centralized database of driving records, the system assigns points for driving code violations and accidents and takes action when a driver incurs too many points in a specified period. If you incur four driving points within 12 months, six ...
    Continue Reading
  • Defenses to Driving on a Suspended License Charge

    Driving Without the Right The California Department of Motor Vehicles (DMV) can suspend or revoke your license for many reasons , some of which are unrelated to driving. Many people need a car to get around California where public transportation is lacking, and this creates a problem. If you need a car to work and take care of your family, but your license is suspended, what are your options? If ...
    Continue Reading
  • Dealing With DUI Proceedings as a Freight Trucker

    When Your Career Is on the Line The future of freight is changing as the push to get self-driving trucks on the road continues. Eventually, freight truckers might face job insecurity because of this new technology, but until we reach that point, truckers are a vital part of our economy. Freight truckers supply the State of California and the country with valuable goods and products. Perhaps ...
    Continue Reading
  • Criminal Traffic Violations

    Infractions vs. Criminal Convictions Not all traffic tickets are created equal. Traffic citations (i.e. tickets) can vary in seriousness from simple “fix-it” tickets for non-moving violations to criminal traffic violations for offenses such as driving under the influence or reckless driving. And, as you might assume, the consequences for traffic citations can vary quite a bit as well. For some ...
    Continue Reading
  • Reckless Driving and Your Commercial License

    Commercial drivers in California are held to higher standards than non-commercial drivers are, both on and off-duty. A commercial driver’s entire career can be on the line if he or she does not drive safely at all times. Unfortunately, they face an increased risk of committing traffic offenses due to the sheer amount of time these drivers put in behind the wheel and the challenges they face on the ...
    Continue Reading
  • Witness Testimony and DMV Administrative Hearings

    Defending Yourself at the DMV If you are facing DUI charges, you will be involved in two separate proceedings: the criminal court process and the DMV administrative process. The DMV is only concerned with your driving privileges. As a DUI defendant, you have a right to request an administrative hearing from the DMV. At this hearing, you will have the chance to challenge the DMV’s decision to ...
    Continue Reading
  • DMV Proceedings and Your Rights

    Your Legal Rights According to both the state and federal constitution, you have a right to due process of the law . That right applies to both criminal and civil court and administrative systems, such as the California Department of Motor Vehicles. The DMV must provide a hearing before taking action against your driving privilege, just as you have a right to a hearing before you are convicted in ...
    Continue Reading
  • Common Reasons for California License Suspensions

    It Takes Less Than You Think to Lose your License in California Driving in California is a privilege, not a right. The California Department of Motor Vehicles (DMV) oversees the driving privileges of California residents and can issue, suspend or revoke licenses. The DMV can suspend your driving privileges for many reasons, not all of which are related to driving. If your driving privileges are ...
    Continue Reading
  • New Testing for Drugs During DUI Stops

    Changing Times Call for A New Method Public opinion on the safety of marijuana has grown in recent years, which has prompted the legalization of recreational use . Though many agree marijuana is a relatively safe substance to use, law enforcement argues recreational use is not safe when driving. Accordingly, the legalization of marijuana is cause for concern for California law enforcement, which ...
    Continue Reading
  • How to Get a Stay of Your License Suspension

    Putting Your License Suspension on Hold If you’ve received notice that the California Department of Motor Vehicles (DMV) will suspend your driver license , you might be wondering what, if anything, you can do to keep your license. You might have a specified period of time before your suspension goes into effect. Take advantage of this time, and speak with an attorney. You might be able to save ...
    Continue Reading
  • Understanding the California DMV Point System

    Tracking Unsafe Drivers To keep tabs on dangerous drivers, the California Department of Motor Vehicles (DMV) operates the Negligent Operator Treatment System (NOTS). Under the NOTS, the DMV assigns points to traffic code violations that involve or affect safely operating a vehicle. These points are added to motorists’ driving records and can prompt action from the DMV. How the Point System Works ...
    Continue Reading
  • DUI Convictions and Rideshare Driver Eligibility

    DUIs and Missed Opportunities The consequences of a California DUI conviction are far reaching. Missing out on certain employment opportunities is just one of them. Driving for rideshare services such as Uber and Lyft is an easy way to make some extra money, but a DUI conviction can jeopardize your ability to drive for one of these companies for several years to come. Currently, California ...
    Continue Reading
  • Evidence and Your DMV Administrative Hearing

    An Administrative Review A California driver who has received notice from the DMV regarding action taken against his or her driving privileges (e.g. a suspension) may request an administrative hearing to challenge the action. Administrative hearings differ from court hearings in several ways. They are less formal, heard in front of a hearing officer rather than a judge in a courtroom, and are ...
    Continue Reading
  • What Is a Habitual Traffic Offender?

    The Penalties for Points Think driving is a right? Think again. In California, driving is a privilege. And if you take advantage of that privilege, it can be suspended or revoked. If you continue to drive and accumulate more points on your driving record while your privilege is suspended or revoked, you can be designated as a habitual traffic offender. This is more than just a title. Habitual ...
    Continue Reading
  • DUIs and Drugs: What Substances Can Land You in Jail

    Drugged Driving Under California law, it is illegal to drive under the influence of any drug, under Vehicle Code 23152 (f) . With the advent of medical and now recreational marijuana, authorities have stressed this section of California DUI law in an attempt to dissuade drugged driving. But it’s more than just driving under the influence of alcohol and marijuana that can result in a DUI charge. ...
    Continue Reading
Page 1 of 7