BAC Was a .06% and the DA Filed a DUI against Me, Can They Do That?
BAC Was a .06% and the DA Filed a DUI against Me, Can They Do That?
BAC Was a .06% and the DA Filed a DUI against Me, Can They Do That? Yes. And here’s why: California Vehicle code section 23152(a) states “It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.” So, if you’re under the influence of a alcohol or drug (or…
Read MoreCommercial Drivers Can Be Cited for Driving Under the Influence When the Blood Alcohol Content is .04 Percent or More
Commercial Drivers Can Be Cited for Driving Under the Influence When the Blood Alcohol Content is .04 Percent or More California law states that the “legal limit” for most drivers to be considered under the influence of alcohol is .08 (California Vehicle Code Section 23152(b)). What most people do not know is that commercial drivers, those who drive commercial trucks and delivery trucks, can only have a blood alcohol content…
Read MoreWhat is a DMV Hearing and When Do I Need One?
What is a DMV Hearing and When Do I Need One? A DMV hearing is an administrative proceeding at which the DMV determines whether or not to suspend or revoke your driver’s license. Most often, DMV hearings are associated with an arrest for a DUI. After you have been arrested for a DUI, you have 10 days to schedule a DMV hearing where you will have a chance to make…
Read MoreI Blew Less than .08%, Why am I Being Charged with a DUI?
If you haven’t been reading the news, Senator John Kerry’s daughter was recently arrested in Hollywood, California for driving under the influence of alcohol. According to the police report, her Blood Alcohol Content (BAC) was a .06%. Luckily for her, she was in Los Angeles County when she was arrested. If she were in Ventura County, there was a pretty good chance that the District Attorney would file criminal charges…
Read MoreTustin DUI and Criminal Defense Attorneys
Tustin, the “City of Trees,” is nestled in central Orange County between the cities of Irvine to the Southeast, Santa Ana to the West, and an unincorporated section of Orange County to the North. Tustin is home to approximately 74,825 people, and is only approximately 11.07 square miles wide. Although Tustin is a relatively safe community, DUI stops and arrests are common. Someone accused of a DUI in Tustin will…
Read MoreCall A Lawyer If You Receive “Suspension Letter” From the DMV
Call A Lawyer If You Receive "Suspension Letter" From the DMV In Southern California, a driver’s license is almost as important to your livelihood as actually having a job. Losing your license can mean certain unemployment to people who need to get to work and can’t reasonably use public transportation. So, it’s not surprising that a sense of panic sets in when you get a “suspension notice” from the Department…
Read MoreDUI – The Sky is Not the Limit
DUI - The Sky is Not the Limit The sky is usually the limit, but not when it comes to DUI stops and your blood alcohol content. In California, driving a vehicle while impaired or driving a vehicle with a blood alcohol content over .08% can both result in misdemeanor criminal charges. A DUI conviction will often result in jail time, a required alcohol program, stiff fines and fees, and…
Read MoreWhat Constitutes “Driving” for Purposes of DUI Prosecution and Conviction
Whether or not a person was “driving” for the purposes of a DUI requires application of California Penal Code 836. Application of Penal Code section 836 to drunk driving cases nearly always involves a question of whether or not the defendant’s activities witnessed by the arresting officer (or other appropriate person) amounted to the act of “driving” as it is defined for these purposes. As for what acts constitute “driving,”…
Read MorePolice Can Do a DUI Stop Based on an Anonymous Tip
Police Can Do a DUI Stop Based on an Anonymous Tip More and more DUI stops and arrests are the result of another person initiating an anonymous tip phone call to the police. Courts have relaxed the legal requirements necessary to initiate such a stop. It is best to monitor your behavior at all times, even before getting into the vehicle. Often drivers are stopped and arrested for DUI because…
Read MoreDUID: What You Need to Know if You Are Arrested for Driving Under the Influence of Drugs or Prescription Medication (Part 3)
Police who initially suspect a driver of being under the influence of alcohol sometimes change their focus to driving under the influence of drugs when a breath test shows a blood alcohol content (BAC) of less than .08 percent. Several law enforcement agencies have a protocol where a drug evaluation will be undertaken when breath alcohol results in a reading of .05 percent or less. Rather than concluding that they…
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