What Does DUI “Per Se” Mean?
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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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.…
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What are the Consequences of Teen DUI in California?
What are the Consequences of Teen DUI in California? According to a recent study, one out of 10 high school students in California have admitted to drinking and driving, while one in four have been in a car with another teen that was driving under the influence of alcohol.1 It is clear that teen drinking is a problem in California. That is why there are strict penalties for teen DUI.…
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4 Things You Wish You Knew Before You Were Arrested for DUI
4 Things You Wish You Knew Before You Were Arrested for DUI Starting from the point of being pulled over, the DUI process involves many complex stages. Since our skilled attorneys have helped thousands of people accused of DUI navigate the legal system, we can provide you with some tips many of our clients wish they would have known before being arrested. How to Calculate Your BAC The best way…
Read MoreCan You Be Too Drunk to Consent to BAC Tests?
Can You Be Too Drunk to Consent to BAC Tests? A controversial court decision in Georgia could lead to dramatic changes in DUI laws around the country. The decision involves a DUI arrest and when drivers can voluntarily “consent” to chemical tests of their blood-alcohol content (BAC) levels. Under “implied consent” laws, if you are lawfully arrested for DUI, law enforcement will be able to administer blood or breath tests…
Read MoreIs Weaving Sufficient for Reasonable Suspicion To Be Pulled Over For DUI?
California Vehicle Code section 21658(a) provides that “A vehicle shall be driven as nearly as practical within a single lane and shall not be moved from the lane until such movement can be made with reasonable safety.” In People v. Butler, the court held that this places two affirmative duties upon the driver of a vehicle: Drive as nearly as practicable entirely within one lane of travel; and Not move…
Read MoreA Motion to Suppress Evidence Can Win Your DUI Case
Anyone who has been arrested and charged with Driving Under the Influence in California should always consider hiring a private criminal defense attorney to represent them in court. Competent defense attorneys know what to look for in police reports to build a defense to your case. One defense that should always be considered is a motion to suppress evidence under California Penal Code 1538.5 What is a Motion to Suppress…
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 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 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…
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