DUI

Recent Posts in DUI Category

  • Dram Shop Laws: Finding the Liability

    Whose Fault Is It? DUI cases are handled in criminal courts. But sometimes DUI cases involve claims in the civil court as well, specifically personal injury claims. If someone harmed someone else while driving impaired, he or she could potentially be held liable in a civil suit. This means he or she would have to compensate the person harmed for damages. DUI cases involving accidents and property ...
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  • Why Are Sobriety Checkpoints Legal?

    Sobriety Checkpoint Laws Many states have ruled that sobriety checkpoints are unconstitutional and illegal. The State of California, however, does allow law enforcement to conduct sobriety checkpoints. In fact, California operates thousands of checkpoints every year. But what makes them legal in California but not other states? And how does law enforcement get away with violating our ...
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  • Marijuana DUIs: Timelines and Tests

    How Many Tests Does it Take? It is illegal to drive under the influence of marijuana in California. Those that do can face DUI charges and all the potential penalties of a California DUI . But marijuana DUI cases differ from alcohol DUI cases in some respects. The legal elements the prosecuting attorney must prove require a slightly different type of evidence and are held to a different legal ...
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  • What Is a Driver’s License Checkpoint?

    An Arbitrary Stop Unlike some states, California permits law enforcement to conduct driver checkpoints on state highways. The checkpoints are used to identify drivers who are under the influence but can also be used to identify drivers who do not have valid licenses . You must have a valid driver’s license to drive on California roads, so, if you don’t, think twice before you go through any ...
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  • Field Sobriety Tests: Does Everyone Fail?

    A Standard Set of Tests California law enforcement uses standardized field sobriety tests during roadside DUI stops. The tests, which are little understood, do not garner much public support. Many claim they are invasive and are designed to fail. Many factors can influence their reliability, and it’s important to keep that in mind if you are facing DUI charges. Now, let us take a look at how these ...
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  • Will My Driving Record Affect My DUI DMV Case?

    A Bad Track Record California courts take DUI cases seriously. The court imposes mandatory minimum penalties and rarely exercises leniency when it comes to sentencing defendants. And if there are any aggravating factors, those penalties increase even more. One such factor that can influence the outcome of a DUI case is the defendant’s driving record. The extent to which a driving record will ...
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  • 5 Things You Should Never Do At a DMV Hearing

    Don’t Sabotage Your Chances You should be at your best at your DMV DUI hearing. A lot is at stake, and you only have a limited amount of time to prove your license should not be suspended. To give you a better chance of prevailing, here are five things you absolutely shouldn’t do at your DMV DUI hearing. Confuse Your Criminal Court Proceedings With Your DMV Proceedings This is a mistake defendants ...
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  • How to Subpoena for Evidence in Your DUI Case

    A subpoena is an order used to obtain evidence for a court case. You, as the defendant, have a right to present evidence to the court in your defense. You can use a subpoena to get this evidence. The prosecuting attorney also has the right to gather and submit evidence. If you take your DUI case to trial , you and the prosecutor will both collect and submit evidence through the process of ...
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  • Not Guilty of a DUI? Think Twice Before You Get Behind the Wheel

    Navigating Your DMV Case The California Department of Motor Vehicles suspends the license of anyone arrested for a DUI. The suspension is automatic under the Admin Per Se law. The suspension starts 30 days after the date of the arrest. This process is separate from the criminal court process. Even if you are found not guilty of a DUI by the criminal court, the DMV may still suspend your license. ...
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  • 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 ...
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  • 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 ...
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  • 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 ...
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  • 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. ...
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  • 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 ...
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  • 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 ...
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  • 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 ...
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  • 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 ...
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  • 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 ...
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  • 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 ...
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  • 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 ...
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  • 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 ...
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  • 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 ...
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  • 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 ...
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  • 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 ...
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  • 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 ...
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