Can I Get a DUI If I Wasn’t Actually Driving? (VC 23152)
Can I Get a DUI If I Wasn’t Actually Driving? (VC 23152)
Under California Vehicle Code Section 23152, it is illegal to drive a vehicle while having a blood-alcohol content level of .08% or higher. However, how VC 23152 defines “driving” a vehicle is not entirely straightforward. Under certain circumstances, you could face DUI charges even if you were not actually driving a vehicle. In past rulings, the California Supreme Court decided that driving is more than being in physical control of a…
Read MoreSleeping It Off No More: How You Can Get a DUI the Morning After Drinking
Many a night has ended with the famous line “sleep it off.” You’ve probably heard it after having a few too many drinks. But does sleeping it off really work? Few realize it, but driving the morning after you drink could be considered driving under the influence. Driving Under the Influence Defined (VC 23152) California Vehicle Code Section 23152 makes it illegal to operate a vehicle while under the influence…
Read MoreHow Strict are California DUI Laws?
Drunk driving laws across the country have become increasingly harsh as states work to reduce the number of accidents caused by alcohol-impaired drivers. This is especially true for repeat offenders. There is no doubt that California has strict DUI laws and the punishment for DUI is severe, but have you ever wondered how strict California’s drunk driving laws are compared to other states in the U.S.? Well, a new study…
Read MoreThese Boots Weren’t Made For Walking: How High Heels Can Be Used to Defend Against a DUI
It’s another breezy summer evening in California, and you are out at a bar with some friends celebrating the start of the weekend. After a few cocktails, everyone decides to head home for the night. You hop in your car and begin the drive home thinking about how much fun tomorrow night will be. Sure, you’ve had a couple drinks, but that shouldn’t be a problem. That is, until you…
Read MoreThousands of DUI Case Records Fixed in Orange County
A former Orange County Superior Court clerk now known as “the fixer” and the “inside guy” has been accused of fixing more than 1,000 drunk driving violations and traffic tickets. Though authorities have not released his name, at least one attorney is willing to hire a private investigator to learn the identity of the clerk so he can be cross-examined regarding the forgeries.1 A grand jury began hearing testimony in…
Read MoreHow Do I Know If I’m Too Drunk To Drive? – California Vehicle Code 23152
As one of the most experienced DUI law firms in Southern California, we talk to many people who have been arrested for DUI. One of the frequent comments that we hear is that those arrested for DUI say that they did not feel intoxicated when they were driving. Many people think they are okay to drive, when in fact they are not. You never know until it is too late. The…
Read MoreDo I Have A Legal Right To Refuse A Field Sobriety Test?
After a night of heavy drinking with friends, you decide to say farewell and drive yourself home. Before reaching your destination, an officer pulls you over because he believes you are driving drunk. You immediately realize that you are intoxicated. If the officer asks you to perform a field sobriety test, do you have a legal right to decline? What Is A Field Sobriety Test? A field sobriety test (FST)…
Read MoreCan I Refuse To Take A Breath Test When I Am Pulled Over For DUI In California?
Many people unaware or misinformed about what they’re rights are when they find themselves as the focus of a DUI investigation in California. Many people believe they have a right to refuse to submit to a breath test. The answer to this question can be yes OR no. It depends on the situation and it is important to know that a refusal in the wrong situation could have very serious…
Read MoreCan I Get a DUI on Private Property in California? (California Vehicle Code Section 23152)
Driving a vehicle on a California public street or highway under the influence of alcohol, drugs, or a combination of both can trigger your arrest and prosecution for DUI under Vehicle Code Section 23152. Most people know this. However, you may be surprised to know that you can still be cited for DUI even if you are not on a public road. Section 23215 of the California Vehicle Code states…
Read MoreTips for When You Are Pulled Over for DUI in California
We help many people who are accused of DUI of alcohol. Many of those people wonder, “What am I supposed to do when I’m pulled over and the police officer starts asking me questions about whether I've been drinking?” Here’s the answer. Prepare Your Documents You should always make sure that you keep you driver license, proof of car insurance, and proof of registration in an extremely accessible location within…
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