What is the Difference Between a Wet Reckless and a DUI?
What is the Difference Between a Wet Reckless and a DUI?
What is the Difference Between a Wet Reckless and a DUI? If you are charged with DUI in California, you face serious penalties, including jail time, expensive fines and the loss of your driving privileges. However, an experienced DUI defense attorney may be able to negotiate on your behalf so that the DUI charge against you is reduced to a wet reckless. So, what is a wet reckless charge? Wet…
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Can I get a DUI in a Parking Lot in Orange County?
DUI laws make it unlawful for a person to drive a vehicle under the influence of alcohol or drugs in Orange County. However, there is a common misconception that an arresting officer has to observe you driving a vehicle erratically in order to arrest you for DUI. In fact, you could be arrested for DUI when you weren’t even driving. Let’s examine how you could be arrested for DUI while…
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How Do Police Determine Impairment for Marijuana?
How Do Police Determine Impairment for Marijuana? Marijuana use is now legal in California, but is still illegal to drive while under the influence of marijuana. So, how do police determine that you are “under the influence” of marijuana? Let’s explore how police determine impairment in DUI marijuana cases. No BAC Test for Marijuana In DUI cases involving alcohol, police will likely administer a breath test. If your blood-alcohol content…
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What Does DUI “Per Se” Mean?
What Does DUI “Per Se” Mean? You may not know Latin, but you might have heard the term “DUI Per Se” before. What does “per se” mean and what does it have to do with DUI? Lawyers and lawmakers love to use Latin not because it makes them sound smart, but because these terms are shorthand for concepts in law. Among the most common Latin terms in law is the…
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Penalties for a Third DUI
Penalties for a Third DUI If you are convicted of DUI in California, you face harsh penalties, including potential jail time, fines and the suspension of your driver’s license. However, the punishment you face for a third DUI is much more severe. Let’s explore the consequences of a third DUI conviction in California. How Long Does a DUI Stay on Your Record? Before you know the penalties for a third…
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Smoking Marijuana While Driving Becomes Illegal in California
In 2016, California voters approved Prop 64, making the recreational use of marijuana legal in the state. In 2018, businesses will be able to apply for licenses to sell marijuana in California. With these new laws regarding marijuana use taking effect, it stands to reason that other laws will need to catch up. That is why California recently passed a law clarifying whether you can legally use marijuana while driving.…
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DUI When Not in Car
DUI When Not in Car When most people think of the term “DUI,” they think of someone who is driving while drunk. But is there such a thing as DUI when you’re not in the car? Do you have to be in the act of driving when police see you in order to be convicted of DUI in California? Defining “Driving” Under the Law Under California Vehicle Code Section 23152(a),…
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DUI When Under 21 (VC 23136)
DUI When Under 21 (VC 23136) In California, there are laws that make it illegal to drive under the influence of alcohol or drugs. These laws apply to everyone who drives while under the influence of drugs or alcohol. However, there are additional DUI laws that apply specifically to people who drive under the influence of alcohol when they are under the legal age of 21. So, what happens when…
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Has There Been More Drugged Driving Since Marijuana Became Legal?
Has There Been More Drugged Driving Since Marijuana Became Legal? California is one of the few states in the country that has legalized the use of marijuana for recreational purposes. As of Jan. 1, 2017, anyone in California who is 21 years old or older is able to use marijuana in private homes and businesses. One place where you cannot legally consume marijuana is in your car while you’re driving.…
Read MoreShould Veterans Get Special Treatment for DUI Offenses?
Should Veterans Get Special Treatment for DUI Offenses? Should DUI punishment be difference for you if you are a veteran? A proposed law could provide veterans with a chance to receive softer punishment for misdemeanor DUI convictions. Senator Hannah-Beth Jackson (D-Santa Barbara, Ventura) is proposing Senate Bill 725 to expand existing law that allows veterans to enter pretrial diversion programs for misdemeanor convictions to DUI crimes. The current law does…
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