California DUI Laws | Exploring PC 23152
California DUI Laws | Exploring PC 23152
California DUI Laws | Exploring PC 23152 Are you familiar with the DUI laws in California? If not, don't worry. In this document, we'll give you a brief overview of these laws, including what the prosecutor must prove for a conviction, penalties, possible defenses, and how a defense attorney can help. Choosing Wallin & Klarich to represent your case puts you in a better position to receive the best outcome…
Read MoreDUI Checkpoints in Irvine: Your Rights and How to Handle Them
DUI Checkpoints in Irvine: Your Rights and How to Handle Them DUI checkpoints are legal in California and are used to deter and catch intoxicated drivers. They are typically set up in areas with high rates of drunk driving accidents or during holidays and special events when there may be an increase in alcohol consumption. Choosing Wallin & Klarich to represent your case puts you in a better position to…
Read More
Vehicular Manslaughter vs. Vehicular Homicide
Vehicular Manslaughter vs. Vehicular Homicide In California, the difference between vehicular manslaughter and vehicular homicide lies in a few legal nuances. Vehicular manslaughter is defined as an unlawful killing that took place due to negligence or criminal recklessness. In other words, if the driver was behaving negligently or recklessly when a fatal accident occurred, they can be found liable for vehicular manslaughter. On the other hand, vehicular homicide is defined…
Read MoreWeaving and Probable Cause Issues
The Fourth Amendment grants citizens the right against illegal search and seizure. How this practically applies to stops by police has given rise to a gamut of legal argumentation, and resulted in a benchmark decision that affects drivers who are pulled over for weaving as evidence of DUI. People v. Perez (1985) People v. Perez (1985) established a precedent for matters pertaining to weaving within lanes. Police had followed Mr.…
Read MoreCould the New DADSS Device Put an End to Drunk Driving?
According to a 2013 report conducted by the Centers for Disease Control and Prevention, driving while under the influence of alcohol is involved in approximately 10,000 deaths annually, accounting for nearly one-third of all driving-related fatalities.1 Further, there are 1 million DUI convictions and 1.5 million DUI arrests every year.2 In an effort to address this issue, the federal agency National Highway Traffic Safety Administration (NHTSA) announced a new vehicle…
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…
Read MoreCan You Get a DUI After You are Home?
After a night out drinking with friends, you drive home. You’re drunk, but you think, “I can make it home.” It turns out you were right; you make it back to your house without incident. But what if police officers saw you driving home drunk? Can you still be arrested for DUI if you’re already at home? California DUI Laws Neither the California Vehicle Code nor the California Penal Code…
Read MorePolice Officers Implement “No Refusal” DUI Enforcement Policies
Police Officers Implement “No Refusal” DUI Enforcement Policies Police are beginning to make adjustments to DUI enforcement policies in order to circumvent recent changes in the law. In 2013, the U.S. Supreme Court ruled that police must obtain a warrant before administering a blood test from drivers suspected of DUI.1This may have since given some drivers an advantage in avoiding DUI charges; however, police are now implementing so called “no…
Read MoreWill California’s Drunk Driving Standard Only Get Tougher?
Will California's Drunk Driving Standard Only Get Tougher? It may be difficult to imagine, but the U.S. has some of the least restrictive drunk driving laws in the world. Some critics believe that the .08 blood alcohol limit (BAC) for U.S. drivers is too strict. But more than 100 nations around the world have reduced the legal BAC limit even further, some as low as .02. While it doesn’t come…
Read MoreDriving Under the Influence of Drugs on the Rise
When you think “DUI,” the first thought that usually comes to mind is alcohol. But driving under the influence also refers to driving under the influence of drugs. In fact, statistics show that more drivers have been arrested for driving under the influence of drugs than under the influence of alcohol since 1993. As explained by a study from Public Health Reports, drivers who are 50 years old or older…
Read More