DUID: What You Need to Know if You Are Arrested for Driving Under the Influence of Drugs or Prescription Medication (Part 2)
DUID: What You Need to Know if You Are Arrested for Driving Under the Influence of Drugs or Prescription Medication (Part 2)
Like drunk-driving cases, DUID is proven through circumstantial evidence. Prosecutors introduce evidence of the motorist's driving pattern, appearance, performance on field sobriety tests, and chemical test results. In DUI cases involving alcohol, California's Implied Consent Law authorizes a choice between blood or breath tests; in a case where driving under the influence of drugs is suspected, the arrestee's choice is between a blood or urine test. Urine testing is so…
Read MoreDUID: Driving Under the Influence of Drugs or Prescription Medication
Anyone who drives while using drugs, either legal or illegal, can be arrested for driving under the influence of drugs (DUID). In California, DUID is prosecuted in much the same manner as DUI arrests involving alcohol. Because DUID is a serious charge with substantial repercussions, it's imperative to have excellent legal counsel. A California DUI attorney experienced in defending DUID cases will aggressively fight the charges, and keep negative consequences…
Read MoreCelebrity Stefanie Pratt DUI Arrest
Celebrity Stefanie Pratt DUI Arrest KTLA TV in Los Angeles recently reported the arrest of Stefanie Pratt who stars in the MTV reality show “The Hills.” She was arrested in October on suspected DUI. She was reportedly out celebrating a friend’s birthday in Hollywood. She is said to have taken two breathalyzer tests, both of which recorded at or above the legal blood-alcohol limit in California of 0.08%. If you…
Read MoreHow To Expunge the Record of a DUI Conviction
How To Expunge the Record of a DUI Conviction Were you convicted of a DUI and want to get it off your record? If so, you can seek to have a conviction removed from your criminal record through a process called an “expungement”. An expungement is a legal process that petitions the court to review the DUI, set aside the conviction and dismiss the case. Before submitting the expungement you…
Read MoreDriving Under the Influence of Alcohol and/or Drugs: Riverside Defense Attorney
Driving Under the Influence of Alcohol and/or Drugs: Riverside Defense Attorney One may plead guilty to a variety of charges relating to driving while intoxicated or driving under the influence of alcohol or drugs. A criminal defense attorney will help you determine the nature of the charges and the prosecutor's ability to prove the charges with good evidence. An attorney skilled in defending drinking and driving cases will try to…
Read MoreThe Legal Limit for Those Already on DUI Probation is 0.01%
In California, a person caught driving with more than .08 percent blood alcohol will have their license suspended. Typically the Department of Motor Vehicles will issue a suspension of four months on a first time offense. In addition to a license suspension, most offenders can expect to be placed on probation. As of 2009, California law creates new authority for the Department of Motor Vehicles to suspend driving privileges if…
Read MoreWill I Go to Jail for a Second DUI?
Will I Go to Jail for a Second DUI? If you are convicted of a second time DUI in California, your sentence will include 4 days of jail. For this offense, the law requires judges to sentence you to a mandatory minimum of 96 hours in custody. The DUI will count as your second if you had one other previous DUI conviction within the last ten (10) years. This is…
Read MoreYou Do Not Have to Be Drunk to Be Arrested for Driving Under the Influence – Part 3
In our final discussion of how you do not have to be drunk to be arrested for driving under the influence, we conclude by stating that in any DUI prosecution, the concentration of alcohol in your blood or breath will be considered. Depending on your blood alcohol concentration (BAC), the judge and jury may be permitted to infer that you were “under the influence at the time of driving.” This…
Read MoreYou Do Not Have to Be Drunk to Be Arrested for Driving Under the Influence – Part 2
As the second post in our discussion of how you do not have to be drunk to be arrested for DUI, we start by providing a brief summary and timeline of the DUI arrest and investigation process: First, the arresting officer will allege that something about your driving pattern or vehicle condition led him to lawfully stop your car. An actual vehicle code violation is most commonly cited, but NOT…
Read MoreYou Do Not Have to Be Drunk to Be Arrested for DUI
You Do Not Have to Be Drunk to Be Arrested for DUI The phrase “drunk driving” is a misnomer. You do not have to be “drunk” to be deemed “under the influence” or “impaired” for purposes of a DUI arrest, prosecution and conviction. "Impaired" Driving The relevant inquiry is whether your ability to drive was “impaired” such that you were not as cautious or alert as a non-drinking person would…
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