Category: DUI Defense
When a police officer suspects a driver is driving under the influence of alcohol (DUI), the officer may stop the driver in order to search for more clues that the driver has been drinking. Often, police will have a stopped driver perform one or more tests. Known as thestandardized field sobriety tests, these activities are designed to provide clues for police officers that confirm whether or not a person is driving impaired. The three most common standardized field sobriety tests are the horizontal gaze nystagmus test, the one-leg stand test, and the walk-and-turn test. The horizontal gaze nystagmus tests whether… Read More
Many drivers who receive a DUI for the first time are confused about their hearing with the Department of Motor Vehicles. The following is important information from the California Department of Motor Vehicles website regarding the DMV hearing after a DUI. A DMV hearing is not mandatory. A driver who wants a DMV hearing, usually in the hopes of keeping their driving privileges, must request one. The hearing with the DMV regarding the DUI is not a criminal proceeding. It is a separate proceeding that determines whether or not a person who received a DUI should be allowed to keep… Read More
Law enforcement officials in Los Angeles and the surrounding areas were out in full force on Super Bowl Sunday, hoping to find drunk drivers, according to The San Gabriel Valley Tribune. In Los Angeles County’s 88 incorporated cities and unincorporated areas, there were dozens of patrols and checkpoints targeting drunk drivers on Super Bowl Sunday. As well as finding intoxicated drivers, checkpoints are a good way to find unlicensed or other illegal drivers. Roving patrols were also activated in several areas throughout the county. In California, anyone with a blood alcohol level of .08 percent or higher is considered to… Read More
The city of Huntington Beach is considering posting the names of suspected drunk drivers on Facebook because its local newspaper quit publishing these instances and the names of those accused of drunk driving, according to NBCLosAngeles.com. Last summer, Huntington Beach began a tough campaign against drunk driving, including an increased number of police officers focused on drunk drivers, posting names of those arrested for drunk driving, and sending letters to bars if one of their patrons was arrested for a DUI. Huntington Beach has one of the highest rates of arrests for DUIs for a city its size in the… Read More
Many people who have been charged with a DUI in California consider pleading guilty, especially if they performed poorly on field sobriety tests or failed a chemical test measuring blood alcohol content. They receive a .08 or higher BAC reading and don’t see the point in fighting the charge and instead view the case as a “slam dunk” against them. However, if you plead guilty, you are losing any right to present a defense in a criminal trial. In addition, a DUI guilty plea in California can have a negative impact on your driving record or any professional license. Just… Read More
A California jury is determining the fate of a drunk driver who killed a professional baseball player and two other individuals, according to the Associated Press. The defendant, age 23, was drinking for several hours at three bars with his stepbrother, started driving, and ran a red light. He struck a car and killed Los Angeles Angels pitcher Nick Adenhart and two of the car’s three other occupants. The fourth occupant lived but has had severe medical problems due to a serious spinal injury. Following the crash, the defendant fled the scene on foot. Police found him two miles away,… Read More
Between August 20 and September 6, states across the country are joining forces to crack down on drunk driving in an initiative called “Drunk Driving. Over the Limit. Under Arrest” according to the Governors Highway Safety Association. Driving drunk in California (defined as having a blood alcohol concentration level of .08 or higher) is illegal and the same goes for the rest of the nation. Drunk driving patrols will be on high alert and laws will be strictly enforced over the holiday weekend, a time in which drunk driving is typically on the rise. Law enforcement is expected to be… Read More
The California DUI legal process is complex. There are two separate legal actions involved with a DUI charge in California. One is the suspension or revocation of your driver’s license. The second is any potential criminal charges. Once you are arrested for driving under the influence in California, a police officer will confiscate your driver’s license and will complete a license suspension or revocation form and forward that to the DMV. The DMV will then conduct a review where it examines the officer’s report, the suspension or revocation order, and test results. The DMV then decides whether to uphold the… Read More
Some professionals need to report DUI arrests or convictions to licensing boards by law. The FAA requires pilots to send a Notification Letter within 60 days of any alcohol related conviction or administrative action. A separate Notification Letter is required for each alcohol related event. For example, separate Notification Letters would be required for a driver’s license suspension and a subsequent DUI conviction. Click here to learn more about the FAA’s requirements for alcohol reporting for pilots. Attorneys are required to self-report felony indictments, felony or misdemeanor charges or convictions, guilty verdicts, guilty pleas and no contest pleas through the… Read More
There are numerous defenses that can be used in court to defend against a DUI charge, even if a defendant’s BAC was over the legal limit. First of all, the police officer who pulled you over must have a legal reason to do so. If not, the original stop could be challenged and the evidence against you thrown out. Was there a reason to detain you for DUI? If not, the case could be challenged. Another important point is that field sobriety tests are extremely subjective. Were they performed in accordance with federal guidelines? Many police officers are not experienced… Read More
