DUI

Recent Posts in DUI Category

  • 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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  • 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 ...
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  • 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 ...
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  • 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 ...
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  • 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 ...
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  • 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 ...
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  • 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 ...
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  • 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 ...
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  • 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 ...
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  • 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. ...
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  • 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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