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Author Archives: Paul Burglin

Paul Burglin
Paul Burglin practices DUI defense in the San Francisco Bay Area including the Napa/Sonoma wine country. He has been in practice for more than 30 years and was formerly a partner at one of the oldest Marin County law firms (Mitchell, Hedin, Breiner, Ehlenbach & Burglin). After graduating from U.C. Berkeley in 1980, Mr. Burglin received his law degree from Gonzaga University School of Law in Washington. He is Board Certified in DUI Defense and co-authors the two-volume treatise, "California Drunk Driving Law." He is on the Board of Regents with the National College of DUI Defense (www.NCDD.com) and is Editor-in-Chief of its case law update and newsletter. He is one of only a select few of DUI defense attorneys in the United States to have attended the University of Indiana’s Borkenstein Course on chemical testing and scientific protocols offered to prosecution experts, and he is a certified graduate of that program.

Did The Defendant Drive Under The Influence?

To convict a person of driving under the influence in California, the prosecutor must prove that the defendant was too impaired to drive with the caution and care of a sober person under similar circumstances. Yet that is not enough for a conviction.  The State must also prove that the defendant actually drove.  Sitting in a car with the engine running is not a violation of California Vehicle Code section 23152 (driving under the influence, or driving with an alcohol ... Read More »

Video and Audio Recordings Are Golden Nuggets For California DUI Defense Counsel

California DUI Attorney

     Police agencies throughout the Bay Area are increasingly using Mobile Video/Audio Recording Systems (MVARS) to record DUI investigations that include driving patterns, instruction and performance phases of field sobriety testing, and conversation between officers and motorists.  The California Highway Patrol (CHP) has installed these devices in almost all of their patrol cars roving Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, and Sonoma counties. Police and their union representatives initially resisted the use of these devices.  They ... Read More »

Tipsters and the Public Safety Exception

It is becoming increasingly more common for patrol officers to stop citizens based solely upon a telephone call to the police about a particular vehicle being driven in an erratic manner.  We refer to these as BOLO stops—an acronym for “Be On Look Out.”  The problem from a constitutional standpoint is that warrantless seizures are often made without any police observation of vehicle code violations.  The following is a summary of federal and California law on this subject, along with some tips for those ... Read More »