Getting a blood-draw search warrant in California in a misdemeanor offense of driving under the influence case is statutorily prohibited, based on the statutory construction
SUPREME COURT HOLDS WARRANTLESS BLOOD DRAWS IN DUI CASES MAY VIOLATE FOURTH AMENDMENT The Supreme Court of the United States (SCOTUS) has issued a major
Revenue shortages continue to plague California’s judicial system—a phenomena bringing both good news and bad news to those facing DUI charges for allegedly driving under
Today I want to give you an example of just how frustrating and difficult it can be to deal with the California State Department of
California residents convicted of a second or third drunk driving offense, or alcohol-related reckless driving (commonly referred to as a “wet reckless”), may now obtain
As Steve Oberman from Tennessee recently noted (see his blog entry of August 10, 2012), anyone can be arrested for suspected DUI. Recently in California,
California Vehicle Code § 23610 specifies that in a prosecution for driving under the influence, it shall be presumed that the person was “under the
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
Police agencies throughout the Bay Area are increasingly using Mobile Video/Audio Recording Systems (MVARS) to record DUI investigations that include driving patterns, instruction
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
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