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Quick Takeaways ·         A fourth DUI in California within 10 years is usually charged as a felony, although the facts of the case and prior record matter. ·         If felony probation is granted, a fourth DUI may involve 180 days to 1 year in county jail. ·         If felony probation is de...

Being involved in a car accident while under the influence of alcohol is a serious offense in California. Leaving the scene of that accident makes the situation significantly worse. When DUI and hit-and-run charges are combined, drivers can face multiple criminal charges, enhanced penalties, and ...

An arrest for an alcohol-related DUI in California triggers two kinds of legal proceedings: An administrative hearing at DMV to decide whether your license will be suspended; and A prosecution at court to determine whether you committed a crime. Suspension of your license is the only penal...

If you are arrested in California for DUI, you will probably be charged with two misdemeanor offenses: driving under the influence of alcohol (Vehicle Code Section 23152(a); and driving with a blood alcohol content (BAC) of 0.08% or higher (Vehicle Code Section 23152(b). Regardless of their BAC, ...

One of the more iconic images in the media related to drunk driving is the field sobriety test. This is a test requiring a driver to close their eyes and touch their nose, balance on one foot, or walk a straight line. Allegedly, a police officer can determine whether someone is under the influence of alcohol based on the results of these tests. Is this accurate? Can a police officer accurately determine whether someone is too drunk to drive based on these tests? And is it legal to refuse to take a field sobriety test in California?

Driving under the influence puts everyone else on the road at risk. California state laws recognize the danger of this activity by making a DUI a criminal act. If you are convicted of a DUI, you will face criminal penalties in addition to having your license suspended. However, just because the ...

A criminal prosecution for DUI involves many steps, from an initial traffic stop to a final result. If your attorney is fighting for you, a DUI case may require multiple court appearances over many months.   The first court date is called your “arraignment.”  At arraignment, the judge will infor...

Truck drivers regularly drive vehicles that weigh anywhere from 25 to 80 tons. This means that they can represent a significant danger to other drivers on the road. Unsurprisingly, the government creates regulations that dictate who is allowed to drive these massive vehicles. Under these regulat...

When a driver gets charged with a DUI, there can be serious legal and personal consequences. However, military service members and veterans who are facing misdemeanor DUI charges in California may be eligible for a military diversion program under California Penal Code §1001.80.  This program pr...

As the state with the largest population in the U.S., California has some of the highest DUI numbers in the country. Statistics for 2010 to 2020 create an interesting picture of the DUI trends in the Golden State. 

This is a reasonable question that many people ask us.  The answer depends on a number of factors. First, consider the effect a DUI conviction will have on your life.  Will a DUI conviction affect your job or job prospects?  Will it affect your important relationships, your housing situation or ...

PEOPLE v. DJBDriver taken to the hospital after an accident.  There, he allegedly refused to take a blood or breath test.  The police got a warrant to take a blood sample.  The test showed a blood alcohol level of 0.23%, almost three times the legal limit. At DMV, he faced losing his right to dr...

Don't answer law enforcement questions.

Client found not guilty of DUI with 0.17% breath test result.

To convict a driver of Vehicular Homicide while Intoxicated, one of the things the prosecutor needs to prove is that the driver was intoxicated.  There are two ways to prove intoxication: By proving that the driver had a blood alcohol content of 0.08% or higher at the time of driving. By provin...

Misdemeanor convictions can be "dismissed" once you successfully complete probation. However, the conviction is not erased from your record.

California's implied consent law is set forth in Vehicle Code Section 23612.  It states that if you driving a motor vehicle in California you are deemed to have given your consent to a chemical test of your blood or breath if you have been legally arrested for a DUI. But, the officer must advise...

While you can be arrested for DUI on a bicycle, it will be a difficult case for the prosecutor to prove and the consequences are unlikely to be as serious as a DUI in a car.

A DUI accident in which someone dies can be charged as second degree murder.

            In California, bail refers to a sum of money that is deposited with the court to ensure that a criminal defendant appears at future court dates. Bail is given as an alternative to keeping a criminal defendant in jail while their case is pending.             Usually, when someone ...

What does "BAC" mean? In defending a DUI case, one of the most important elements is the BAC. BAC stands for “Blood Alcohol Concentration,” and is a measurement of how much alcohol is in a person’s blood.

DMV Process for Handling DUI APS Hearings Unconstitutional A recent California Court of Appeal decision has vindicated the rights of people accused of driving under the influence.

Second offense DUI jury hung on all counts. Blood and breath test results were .14%. The case resolved for a Wet Reckless with greatly reduced penalties.

Do stricter DUI laws make us safer? The jury is still out.

US Supreme Court Rules Police Must Have Warrant to Enter Home for DUI Investigation. Police cannot simply enter your home because they believe you committed a misdemeanor in their presence. Unless there is an emergency, police must first obtain a warrant before continuing their investigation or placing you under arrest in the privacy of your home.