What The Prosecution Looks For In A California DUI
What The Prosecution Looks For In A California DUI
In a DUI case, it is essential you speak with an experienced California DUI lawyer, like Wallin & Klarich. When facing allegations of drunk driving, you need an attorney who can show the DMV and prosecutor that you did not display signs of mental impairment. How Can the Prosecution Prove You are Guilty of DUI? Most experts agree that alcohol causes mental impairment before it causes physical impairment. Therefore, if signs…
Read MoreDefenses to Driving Under the Influence: What is a “Rising BAC” Defense?
It is unlawful to have an excessive blood-alcohol concentration (BAC) at the time of DRIVING -- not at the time of being TESTED. Because it can sometimes take between 45 minutes and 3 hours for alcohol to be absorbed into the system, an individual's BAC may continue to rise for some time after he is stopped and arrested. Rate of Absorption Commonly, it is an hour or more after the…
Read MoreWhat is a Rebuttable Presumption and How Does it Come into Play with a DUI? California Vehicle Code Section 23152
In California, it is a crime to operate a vehicle with .08 percent or more (by weight) of alcohol in his or her blood [California Vehicle Code Section 23152(b)]. California Vehicle Code Section 23152(b) further states that it is a rebuttable presumption that the person had 0.08 percent blood alcohol level, if a chemical test was performed within three hours after driving, which resulted in a 0.08 blood alcohol level…
Read MoreWill California’s Drunk Driving Standard Only Get Tougher?
Will California's Drunk Driving Standard Only Get Tougher? It may be difficult to imagine, but the U.S. has some of the least restrictive drunk driving laws in the world. Some critics believe that the .08 blood alcohol limit (BAC) for U.S. drivers is too strict. But more than 100 nations around the world have reduced the legal BAC limit even further, some as low as .02. While it doesn’t come…
Read More3 Favorable Plea Alternatives to a DUI in California
Just because you have been arrested for DUI in California does not mean that you will be sentenced for a DUI in California. If you hire an experienced Southern California DUI attorney, he or she may be able to plea bargain down to one of two favorable misdemeanors that will have no bearing on any future DUI cases you might incur. Wet Reckless Most people are aware of a wet…
Read MoreGuide to Terminating DUI Probation Early
If you are convicted of DUI, you will be placed on probation. Depending on the facts of your case, DUI probation will last anywhere from three to five years. Being on probation can have a devastating effect on many areas of your life. If you are a licensed professional, such as a doctor, lawyer, real estate agent, or nurse, you will have to report your conviction to your licensing board…
Read MoreCan Your License Be Suspended If You Initially Refuse To Take A BAC Test But Later Consent?
In 2010, the Los Angeles Daily Journal Appellate Report reported that Benito Garcia’s driver’s license was properly suspended after he refused to submit to a chemical test following his arrest for drunk driving. Garcia had been driving erratically and was pulled over. Officers noticed a strong odor of alcohol on Garcia’s breath and other signs of intoxication and administered a field sobriety test, which he failed. The officers arrested Garcia…
Read MoreRules Concerning Sobriety Checkpoints in California (CVC 23152)
On a Friday afternoon, you and your friends decide to celebrate the end of a long workweek by heading to happy hour at your favorite restaurant. After having a couple of drinks, you head home. As you near your neighborhood, you notice ahead of you a row of traffic cones, a couple of patrol cars, flashing lights, and police officers in the street stopping a line of cars. These are…
Read MoreTurning Your Back on a DUI Checkpoint
As Labor Day weekend approaches, law enforcement agencies are planning to set up DUI checkpoints all over Southern California. With that in mind, it is important to know what your rights are with respect to avoiding these checkpoints. Is It Legal to Turn Around Before Entering a DUI Checkpoint? Under California law, a driver has the right to avoid entering a DUI checkpoint. California’s Supreme Court has ruled that one…
Read More2014 Changes to California DUI Laws (Vehicle Code Sections 23152 and 23153)
On Jan. 1, 2014, changes to driving under the influence laws went into effect in California. Due to a rise in DUI arrests involving drugs, these changes primarily reflect legislative intent to identify, regulate and control “drugged” driving, including impaired driving as a result of drugs that may be: Legally prescribed by a physician (including medical marijuana); Obtained over the counter; and/or Illegal to possess, such as cocaine, heroin, methamphetamine…
Read More