DUI

Recent Posts in DUI Category

  • Navigating DUI Pre-Trial Proceedings

    Steps Prior to Trial There are many stages in a DUI criminal case, beginning with the arrest and ending, in some cases, with a trial. Now, not all cases that are on the trial track actually make it there. In many criminal cases, a deal can be worked out before trial, thus saving both the defense and the prosecution from the cost and involvement of trial. And, deals worked out on the way to trial ...
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  • Just the Facts: Issues Addressed at DMV Administrative Hearings

    Two Actions: The DMV and the Court As part of any DUI case, there are two separate legal processes taking place: the criminal court process and the DMV process. The DMV process is administrative. Unless you request a DMV administrative review hearing, the DMV will automatically suspend your license is you are arrested for a DUI. You don’t to be convicted for this to happen. If you request a DMV ...
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  • Do Sobriety Checkpoints Target Certain Drivers?

    Checkpoint Rules Many people are arrested at the 2,500 or so sobriety checkpoints California operates throughout the state every year. For those facing DUI charges from a sobriety checkpoint stop, it is important to know and understand your rights as well as the legal requirements sobriety checkpoints must adhere to. One of the most important of these requirements pertains to whom police officers ...
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  • What Delivery Drivers Should Know About DUI Convictions

    CDLs and DUIs If you are a commercial driver such as a delivery driver, being convicted of a DUI introduces special considerations, even if you were driving off-duty and in your own vehicle. Not only can you lose your license , your job might be on the line as well. And commercial drivers can be held to a higher standard that non-commercial drivers when it comes to DUIs. The blood alcohol ...
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  • How Long Must I Have an IID Installed in My Car?

    Restricting Your Driving If you get a DUI conviction in Alameda, Los Angeles, Sacramento or Tulare counties, the court will order you to install an ignition interlock device (IID) in any car you own or drive. Installing an IID will cost you in both time and money. Not only will you need to pay for the installation and rental of the device, but you will also have to take your car in at least every ...
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  • How Does the Prosecutor Prove Intoxication By a Drug?

    Drugs and DUIs When it comes to California DUI laws, driving under the influence of many substances is illegal. Alcohol is just one of these, albeit a very common one. Many other controlled substances, such as over the counter drugs , illicit drugs or even prescription drugs have the potential to affect a person’s ability to drive as safely and with as much caution as a sober person would under ...
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  • California’s Forthcoming Ignition Interlock Device Requirement

    The Future of California DUI Penalties In California, certain DUI offenders are required to install ignition interlock devices in the cars they own or drive. These devices prohibit drivers from starting their car without first providing a breath sample with no detectable alcohol in it. The devices are expensive and inconvenient, but they inarguably cut down on subsequent DUI offenses. Because of ...
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  • Facing a DUI in California? 10 Terms You Need to Know

    Facing DUI charges is stressful, confusing, and overwhelming. Aside from worrying about your future, you will be encountering many legal terms you may not understand. But to face your charges with confidence, you will need to understand the basics of DUI law. To help you do that, here are ten DUI terms you need to know: Admin Per Se: California’s administrative per se law is fairly basic. Per se ...
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  • By the Book: Title 17 Regulations and DUI Defense

    Following Proper Procedure Many DUI cases hinge on the results of blood alcohol content (BAC) tests. Because these tests can have such serious consequences, they are subject to numerous regulations. These regulations ensure the tests produce legally valid and accurate results and do not violate the defendant’s rights. Title 17 regulations , part of the health code, set forth regulations for the ...
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  • 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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