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Military Diversion

California Penal Code § 1001.80 will likely be amended to clarify that misdemeanor DUI offenses (Vehicle Code §§ 23152 and 23153) are not precluded from military diversion eligibility.  The California Senate, by a vote of 38-0, has already passed SB-725 to add proposed subsection (l) to California Penal Code § 1001.80 as follows: Notwithstanding any other law, including Section 23640 of the Vehicle Code, a misdemeanor offense for which a defendant may be placed in a pretrial diversion program in accordance ... Read More »

“Stoned Driving”: How Do You Measure Marijuana Impairment?

There has been a lot of media attention lately to the development of breath-testing devices that claim to provide law enforcement with the ability to detect and measure the presence and amounts of marijuana in a driver suspected of so-called “stoned driving”.  The accuracy of these devices has yet to be widely-accepted in the scientific community.  See, for example, Is It Possible to Prove Driving Under the Influence of Drugs?   Will science and profit-hungry corporations ever be able to ... Read More »

What is Fair Punishment on a DWI?

What are judges and prosecutors concerned with on a DWI? One of their main concerns is recidivism. Contrary to popular belief, the average recidivism rate for a first time DWI is approximately 21%[i]. Most people who get arrested for a first time DWI simply made a mistake. They will never be back in the system. In fact, most are going to punish themselves far greater than what a court or prosecutor could do to them. Will their alcohol BAC (breath or ... Read More »

What is Gross Vehicular Manslaughter While Intoxicated?

If you or someone you love has been involved in a DUI-related car crash that resulted in death to another person, you may be facing charges of vehicular manslaughter while intoxicated. It is important that you fully understand what you are being charged with, what the penalties are, and how a qualified DUI attorney can help defend you against your charges. What is Gross Vehicular Manslaughter While Intoxicated? In California, gross vehicular manslaughter while intoxicated (Penal Code 191.5(a) PC) is ... Read More »

What You Should Know About Marijuana DUI in California

Recreational marijuana is not yet legal in California, but even if it is legalized, law enforcement will still be on the lookout for people who appear to be driving under the influence. California drivers should be aware of several things when it comes to marijuana DUI in California, including the state’s current drugged driving law, how people are charged with driving under the influence, how these crimes are punished, and more. One of the biggest differences between an alcohol-related DUI ... Read More »

Challenging Blood Test Evidence in a DUI Case

Many people believe that if a DUI blood test returns results that are unfavorable to the DUI suspect, there is nothing that can be done to contest this evidence. Thankfully, this is untrue. There are several ways that a good DUI lawyer can challenge the results of a positive blood test because there are so many ways that a test can become compromised. If the attorney can prove that the integrity of the test was not maintained from collection of ... Read More »

Here’s What Out-of-State Drivers Need to Know About a California DUI

If you are an out-of-state driver who has been arrested on suspicion of DUI in California, you may have questions about what will happen next. What will happen to your driver’s license? Will you have to go to court in California? What if you have to go back home before then? Should you hire an attorney? In order to alleviate some of your stress, we have put together a brief overview of how out-of-state DUIs in California work and what ... Read More »

Suppression Of Evidence Following Birchfield

The United States Supreme Court’s recent holding in Birchfield v. North Dakota (2016) ___ U.S. ___ (Docket No. 14-1468) presents some new angles for defending DUI charges in California. Birchfield holds that in the absence of lawful consent under the Fourth Amendment, the police may not forcibly extract a blood sample from a DUI suspect or threaten a jail sanction in order to coerce consent to blood testing. If they do not obtain free and voluntary consent, they must get ... Read More »

Arrested for DUI Over Fourth of July Weekend?

Fourth of July is now behind us, but if you are among the many drivers across Southern California arrested for driving under the influence of drugs or alcohol this past weekend, chances are you’re thinking about your future – and your next move. As a popular holiday for celebration and drinking, the Fourth of July and the days preceding and following the holiday sees a sharp increase in DUI arrests. This is because law enforcement officers across the region ramp ... Read More »

California’s Lookback Period for DUI Offenders: What You Need to Know

Being arrested for DUI is never an easy experience. When an arrest comes after a previous DUI conviction, the stakes can be incredibly high. California takes a tough approach when it comes to multiple DUIs and imposes increasingly severe penalties upon convicted drivers. These penalties include elevated fees and expenses, mandatory terms of imprisonment, lengthier license suspension, required ignition interlock device installation, and more court-ordered alcohol classes, among others. Because a conviction for a second, third, or fourth DUI is ... Read More »