DUI

Recent Posts in DUI Category

  • How Can the Prosecutor Prove I Was Intoxicated Without a BAC Test?

    Proving You Were Driving Under the Influence In California, you can be convicted of a DUI for driving while under the influence of alcohol or by having a blood alcohol concentration (BAC) of .08% or higher. The prosecutor does not have to prove both of these elements to convict you, but in most cases, they are able to. This is because most DUI defendants are required to take a BAC test either at ...
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  • Your Chance of Beating DUI Charges

    Do You Have a Chance? Facing DUI charges would leave even the most grounded person in a panic. You stand to lose your license, several thousand dollars, and not to mention your dignity. The good news is many defendants are able to beat their DUI charges with the help of a skilled attorney. You should speak with an experienced California DUI defense attorney if you are facing charges to get a ...
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  • Fighting Your DUI License Suspension

    Fight for Your Rights For many people, having a driver’s license is a necessity. Many of us need to drive to work or school, during our jobs, or to take care of our family. It’s no wonder why so many people panic when they find themselves facing DUI charges. Criminal conviction aside, some people worry more about losing their license than any of the other DUI penalties. This is understandable. ...
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  • Have a DUI Trial? Here Is What You Need to Know

    Going All the Way When being charged with a DUI, you have a few options for dealing with your case. Unfortunately, many people aren’t aware of their options and plead guilty or no-contest, thinking they have no chance if they choose to fight. But there are other options. You can also hire an attorney to negotiate a plea bargain for you. This allows you to plead guilty to a lesser offense, usually ...
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  • 3 DUI Defenses You Didn’t Know About

    Different Defenses Facing DUI charges doesn’t necessarily mean you will be convicted. Successful DUI defenses are used to help people avoid convictions everyday. The prosecution must prove you were driving under the influence to convict you, and sometimes this is hard to do based off of the relatively little evidence collected during a DUI investigation. Many defendants take advantage of this and ...
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  • Can I Handle a DUI Trial on My Own?

    Trials With No Errors If you are facing DUI charges and want to fight them, you may be considering whether trial is right for you. If you decide to go to trial to fight your charges, your next decision will be whether or not to hire a trial attorney. You may not need a criminal defense attorney if you are pleading guilty to a crime, but if you are fighting your charges and going all the way to ...
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  • Can I Turn Around at a Sobriety Checkpoint?

    Avoiding Police Interactions DUI checkpoints are traffic stops where a police officer can stop cars without probable cause. California conducts 2,500 checkpoints annually . If you live in California, chances are good you’ve been inconvenienced in some way by a sobriety checkpoint. DUI checkpoints are not just a concern for those who drive under the influence. They slow traffic and are a hassle to ...
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  • DUIs and Student Financial Aid Eligibility

    Do DUIs Affect Aid? Being convicted of a crime can affect you in many areas of your life. Long after you have served your sentence, you can face discrimination and disqualification from opportunities in your life down the road. One very important opportunity is student financial aid. Certain criminal convictions can affect a student’s financial aid eligibility . But not all types of aid will be ...
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  • DUI With Property Damage

    Causing Damage With a DUI Getting a DUI will result in the loss of your license, a large fine, jail time, DUI school, and potentially community service and an ignition interlock device. This is a lot to deal with for what is often just a simple mistake. As if the penalties for a DUI aren’t harsh enough, you could face an even harsher sentence if you make other mistakes while driving under the ...
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  • DUIs and Deportation

    Does a DUI Trigger Deportation? Many Californians are not full U.S. citizens. Those without full U.S. citizenship status can be deported if convicted of certain criminal offenses in California or elsewhere. Crimes that typically trigger deportation under the Immigration and Nationality Act include: Crimes of moral turpitude Controlled substance offenses/drug addiction Aggravated felonies Firearm ...
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  • The Science of DUI Defense

    On the Defensive Facing DUI charges can be daunting. But before you think all the odds are stacked against you, know that there are DUI defenses that have been used successfully. In fact, DUI defense almost comes down to a science. Because most DUI cases hinge on the results of the BAC test, you can use science to challenge the evidence against you. BAC Science BAC or blood alcohol concentration ...
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  • Can I Lose My Professional License for a DUI?

    The Residual Effects of a DUI Most people know that your license will be suspended if you get a DUI conviction in California. What some people don’t realize, however, is that you could lose other licenses as well. A DUI is not just a criminal conviction; it’s a mark on your record as a credible, responsible person. Consequently, getting a DUI can affect your professional life. If you have to ...
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  • Can a DUI Really Cost Me $10,000?

    We’ve all seen the billboards and read the articles that argue a California DUI can cost you upwards of $10,000 once all is said and done. If you have, you are probably aware of some of the costs involved. You will face a variety of expenses stemming from your sentencing, the effects of the conviction on your driving privileges, and various residual expenses such as an increase in your car ...
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  • Can I Be Convicted Without Taking a Chemical Test?

    Most people think of taking a breathalyzer test when they think of getting a DUI. Common questions after being charged with a DUI include, “what did you blow?” and “what was your BAC?.” But what many people don’t realize is you can be convicted of a DUI even if you never took a chemical test to ascertain your BAC level . California DUI laws prohibit driving with a BAC of .08% or higher as well as ...
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  • Ignition Interlock Devices and Drug DUIs

    Many Californians are ordered to install an ignition interlock device in their car when they are convicted of a DUI. Ignition interlock devices, or IIDs, require the driver to blow a clean breath sample into a device that is connected to the ignition. The car will not start if the breath sample has any detectable amount of alcohol in it. But you can get a DUI even if you weren’t drinking alcohol. ...
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  • Out of State DUIs: Can My License Be Confiscated?

    Drivers in any state face a BAC threshold of .08% for DUIs . This means no matter what state you are driving in, you can get a DUI if your BAC is .08% or above. Each state, however, punishes DUI offenders according to its own laws. California has some of the strictest DUI laws in the country. Unfortunately, they are far-reaching as well. If you get a DUI in California, regardless of your home ...
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  • Speeding and DUI Penalties

    Many people are surprised to learn you can get a DUI even if you were following all traffic laws, but those that do violate traffic laws may face harsher DUI sentencing. For example, you may receive an increased sentence if you were speeding while you were driving under the influence. Speeding while driving under the influence can result in what is called a sentencing enhancement. This means the ...
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  • Court Monitoring of Ignition Interlock Devices

    Under Close Watch Ignition interlock devices are a unique aspect of DUI sentencing in California. Mandatory with first-time convictions in four counties (Alameda, Los Angeles, Tulare, and Sacramento), these devices must be installed in your car at a cost to you. Once installed, they require a clean (i.e. alcohol-free) breath sample before the car can be started. If there is a registrable amount of ...
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  • What to Know About Being Pulled Over

    A Serious Stop Interacting with a police officer can be nerve-wracking even if it is only for a traffic stop. Being pulled over seems easy enough to handle, but police officers can be intimidating even when you haven’t done anything wrong. Unfortunately, looking nerve-wracked and intimidated doesn’t always go over well, and not all police encounters are conducted fairly. Under the right, or wrong, ...
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  • What Does a Drug Recognition Expert Do?

    Recognizing Influence Some people don’t realize that California’s DUI laws apply to driving under the influence of both drugs and/or alcohol . In fact, it is illegal to drive under the influence of any controlled substance. A DUI for driving under the influence of drugs is also called a drug DUI or drugged driving. Although the act of driving under the influence and the charge of DUI are the same, ...
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  • DUI Penalties: Do They Vary Based on the Substance?

    Pick Your Poison California DUI laws are broadly reaching. They penalize driving under the influence of any controlled substance . The substance can be alcohol, illegal drugs, prescription drugs, and even over the counter drugs in some cases. In general, all first-time DUI offenders face the same standard California DUI penalties : Up to 6 months in a county jail Summary probation for at least 3 ...
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  • Can a DUI Blood Draw Be Forced?

    Implied Consent California’s implied consent law states drivers on California’s roads have given consent to submit to a blood alcohol concentration test, also called a chemical test, if they are arrested for a DUI . You have already given your consent by driving on California’s roads the same way you consent to driving according to traffic laws. Many people are unaware of this law and resist when ...
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  • California DUI Laws: Do They Work?

    Looking at the Benefits and Costs California has some of the strictest DUI laws in the country. Those who are convicted of driving under the influence in the golden state face a host of consequences such as jail time, large fines, DUI classes, and a suspended license. The stakes are high when it comes to drinking and driving in California; your freedom, time, and money are on the line. Knowing ...
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  • What Is Mouth Alcohol?

    The Scientific Approach to DUI Defense It is illegal to drive under the influence of drugs and/or alcohol in California. This “influence” can be determined by observing your driving behavior or by measuring how much alcohol was in your blood at the time you were driving. This measurement is the blood alcohol concentration or content level of the defendant. This is generally referred to as a BAC ...
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  • Will a High BAC Result in a Harsher Sentence?

    What Your BAC Test Results Could Really Cost You California DUI laws are complex because there are many variables that can significantly affect the outcome of your case. Your history of prior offenses, your age, your type of driver’s license, and your BAC level can all increase the seriousness of the offense. It doesn’t matter how little you drank when facing DUI charges. Sometimes, even one drink ...
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