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HISTORY LESSON Before discussing the current state of DUI prosecution, we must first address the original intent of DUI laws. Simply put, the public demanded DUI laws be put on the books and strictly enforced due to public safety issues. Based upon the concern for potential harm that can be caused by a several ton vehicle travelling on the open roads it was argued that a car is a deadly weapon. It was further argued that a person driving a car under the influence of alcohol (and later expanded to include drugs) was as unsafe as a loaded gun. It… Read More

SO, YOU WANT TO TEXT The facts usually begin like this: The Defendant, let’s call her Debra, is driving down Sunset Boulevard one night. She just left the club and did not notice the Police car in her rear view. Debra hears her favorite song playing on the radio. She turns up the volume and reaches for her cell phone. She briefly takes her eyes off the road to text her roommate to make sure that she did not take Debra’s parking space. While Debra is texting, her car slowly veers across the center line of the boulevard. Debra quickly… Read More

DEPARTMENT OF MOTOR VEHICLES (DMV) Most people think that so long as their blood alcohol level is below .08 they can avoid the consequences of an Administrative Per Se DUI suspension with the DMV. A majority of people are correct in this assumption. The .08 blood alcohol standard generally applies to individuals who are 21 years old and above. So long as people are in this age group they generally will not suffer an Administrative Per Se suspension for a DUI arrest from the DMV. EXCEPTIONS TO RULE However, there are always exceptions to a general rule. For instance, if… Read More

WHAT IS AN EXPUNGEMENT? Before I address the above referenced DUI strategy, I will first explain what an expungement is. Technically speaking, an expungement is a procedure in which post-conviction; a person can petition the court to withdraw a guilty or no contest plea and dismiss the charge that the person had plead to. PLEAD GUILTY? “FRIENDS DON’T LET FRIENDS GUILTY”tm Many people choose to plead guilty or no contest to a DUI based upon the understanding that in the future they can petition the court for an expungement. Many times this option is chosen because the person wants to… Read More

PREDICTABLE CONSEQUENCES Most people are aware of what I like to call “predictable consequences” of a conviction for Driving Under the Influence or a conviction for a DUI related offense. These include: jail time, fines, fees, alcohol program, community service / labor, and an Ignition Interlock Device. However, there are additional consequences that stem from the conviction. RENTING A CAR One such consequence is not being able to rent a car after being arrested or convicted for a DUI. Typically, upon arrest for a DUI the arresting officer will take the arrestee’s license into his possession and give the arrestee… Read More

INTENET RESEARCH MAY NOT BE RELIABLE There are many options available when it comes to DUI representation. Recently, DUI arrestees have begun performing their own research to become better informed about what they are facing in their DUI case. In theory, this research can assist a person in crafting his or her DUI defense strategy. There are several problems, however, with this approach. First, the information provided is only as good as its source. For instance, a person can go to a site such as YouTube and watch an attorney based in Texas give an hour long video on how… Read More

If you get a DUI while you’re on probation, it can become a serious charge because it related to violating your probation. Probation violations may result in increasing the amount of alcohol education classes you must attend, additional driver’s license suspensions, increased fines, and the possibility of jail time. A DUI, while you’re on probation, has many consequences including penalties from the DMV and the criminal courts. Probation should not be thought of as a “get out of jail free” card. It is a legal system by which the court clomid for all online lessens certain conviction penalties in return… Read More

Most states, but not all states, use a point system to track careless or dangerous drivers. Points on your driving record can be costly. It can increase your insurance premiums and after a specific number of added points, your license can be revoked or suspended. Reinstating a license can cost you hundreds of dollars in fees and fines. According to mycaliforniadefenseattorney.com, a DUI on your California DMV driver’s record can result in 2 points on your driver’s license. If you get: 4 points in 1 year, or 6 points in 2 years, or 8 points in 3 years then the… Read More

PILOT PROGRAM On July 1, 2010, California implemented a pilot program for four counties – Alameda, Los Angeles, Sacramento, and Tulare – which required that first time DUI offenders to install an IID in their car for a period of 5-months upon conviction of a DUI. Per the Pilot Program, the IID is not required for individuals whose DUI is reduced to reckless driving or other offense. The IID is required for a restricted license. The restriction allows all sober driving so long as the IID is installed and utilized while driving. Ordinarily, a restricted license allows all work related… Read More

TWO MATTERS IN DUI CASES In a typical DUI matter there are typically two different arenas that the matter can be challenged. These are the DMV and the criminal court. (It should be noted that some DMV matters are appealed to a Superior Court on a Writ. However, we will not be addressing that scenario in this blog entry.) The DMV is a civil, administrative matter that deals solely with an individual’s license to drive. The state appoints a magistrate – DMV Hearing Officer – to preside over that hearing. The Hearing Officer is not an attorney. However, the Officer… Read More