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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 specializing in DUI defense for more 35 years 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 (as approved by the American Bar Association) and co-authors the two-volume treatise, "California Drunk Driving Law." He is past Dean of 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. He has been selected to the 2021 Northern California Super Lawyers list and is A-V rated by Martindale-Hubbell.

Dealing With the Impossible California DMV

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 Motor Vehicles (DMV), and why you really want to have a Board Certified DUI defense attorney representing you on drunk driving case. Motorists who are cited and prosecuted for driving under the influence of alcohol in California face consequences with both the California DMV and the Court system. The DMV takes an administrative action to ... Read More »

Court Declares Multiple DUI Offenders Eligible For Early IID-Restricted Licenses

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 early reinstatement of their driving privilege with installation of an ignition interlock device (IID) regardless of the date of their violation or conviction. In a published decision issued by the First District Court of Appeal in Matteo v. California State Department of Motor Vehicles (First District Court of Appeal in California, Division 3 – Case ... Read More »

Anyone Can Be Arrested On Suspicion Of Driving Under The Influence

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, a priest was stopped without probable cause while driving his mother home from a family dinner. Stopped in a DUI Checkpoint, the Reverend Salvatore Cordileone (archbishop-elect of San Francisco) was arrested in San Diego after blowing into a breath-alcohol detection device that reportedly showed a result over the .08 percent or higher statutory limit. Rev. ... Read More »

Attacking Breath Test To Disprove Both Impairment And Per Se Charges In California Drunk Driving Prosecutions

California Vehicle Code § 23610 specifies that in a prosecution for driving under the influence, it shall be presumed that the person was “under the influence” if their blood alcohol level was .08 percent or more at the time of driving. However, mandatory presumptions of this nature are unconstitutional in criminal cases, and thus jurors are instead instructed that they may infer the defendant was under the influence if they find he or she had a .08 percent or higher ... Read More »

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

     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 »