DUI

Recent Posts in DUI Category

  • Arrested for a DUI? What to Expect in the Coming Months

    After Your Arrest After a DUI arrest in California , it can take a few months or longer for your case to resolve. During that time your life is on hold. To help you navigate your DUI case after your arrest, here is what you can expect in the coming months. The First Hours Immediately after your arrest, you will be taken into a station or the jail. In many cases, you will be given a blood or breath ...
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  • Drunk Driving in California? 5 Facts to Make You Think Twice

    The Facts Despite harsh DUI laws, drunk driving is more common than you think in California. According to the CDC, 1.8% of Californians reported driving after having too much to drink. This statistic only represents those who admitted to driving while impaired. Many people don’t readily admit committing this crime, and too many others simply don’t know when they’ve had too much to drink before ...
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  • Top Must Haves for California Drivers in 2018

    Devices and Apps to Make Driving Safer California drivers face many risks while on the road. From construction and traffic to poor road conditions and sobriety checkpoints, you never know what obstacles you will face on your commute. To help you drive in California worry-free and in compliance with the law, here is our list of top must-haves for California drivers. Hands-Free Capable Devices ...
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  • The Future of California Driving in 50 Years

    A Look to the Future The State of California is dynamic, innovative, and home to groundbreaking technology. It should come as no surprise that the future of driving in California would be largely autonomous. From driverless cargo trucks to autonomous pods that zip you around the city, Californians can expect to do less driving and more riding in 50 years. But what does this mean for you, and how ...
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  • Facing DUI Charges? Here’s the Worst Advice We’ve Heard

    Seeking DUI Advice If you are facing DUI charges, you might be looking for advice on how to handle your case. Unfortunately, not all advice is good advice. Family, friends, and even attorneys can give you bad advice about DUI charges. But a good attorney will tell you every case is different, and taking the advice of others might not be a wise decision. Our firm is experienced in DUI defense, and ...
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  • Is Wet Reckless Driving Better Than DUI?

    A DUI Can Ruin Your Life For many, a DUI is a life-changing experience. A DUI conviction can be a wake-up call. After the stressful experience of an arrest, you also face jail time, the loss of your license, and enormous costs. The good news is facing DUI charges doesn’t necessarily mean you will walk away with a DUI conviction. In reality, many DUI defendants walk away with a lesser charge: wet ...
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  • Is a DUI a Criminal Traffic Ticket?

    What Is a Criminal Traffic Ticket? DUI (driving under the influence) is a criminal offense in California. Some jurisdictions used to view driving under the influence or driving while intoxicated an aggravated traffic citation. But, today, a DUI in California is charged as a misdemeanor or a felony. Many people wonder if DUI is a traffic ticket, a criminal offense, or a criminal traffic ticket. ...
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  • DUI Outcomes: Here’s How to Move On

    DUI Outcomes Explained Moving on after a DUI conviction can be difficult. DUI outcomes aren’t easy, nor is the experience of being arrested for a DUI easy to forget. But countless others have been in your shoes and have moved on with their lives. Among the many consequences of a DUI are jail time, fines, alcohol education classes, probation, and a suspended license. You could also be ordered to go ...
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  • California DUI Arrests Are More Common Than You Think: Here’s Why

    California DUI Arrests Are Prevalent Facing DUI charges in California? You’re not alone. California DUI arrests are very common. In fact: In 2013, there were 160,388 California DUI arrests. In 2016, the California Department of Motor Vehicles suspended 134,595 licenses due to drunk driving under the Administrative Per Se law . The Admin Per Se law suspends the license of anyone arrested for DUI. ...
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  • 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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