Blog
ARE PORTABLE DRUG TESTING SYSTEMS NEW? California law enforcement officials have begun using a preliminary drug screening device (mouth swab) to aid in determining the presence of an intoxicating drug, including, marijuana, cocaine, opiates, methamphetamine, methadone and benzodiazepines. The San Diego Police Foundation recently donated two $5,000 Dräger Drug Test 5000 mobile drug screening systems to the San Diego Police Department for use at DUI Checkpoints and in DUI drug or DUID enforcement throughout San Diego. These preliminary presumptive drug tests have been widely used throughout Europe and recently in more than a dozen states, including California. ARE THEY MANTADORY?… Read More
PROBATION CONTRACT Probation is a contract between a person convicted of a criminal offense and the court by which the court agrees not to impose the maximum sentence allowable for a crime in exchange for the convicted individual’s promise not to violate rules imposed by the court over a certain period of time. For DUI’s the law provides that if probation is imposed it must not be shorter than three years and not longer than five years. SUMMARY PROBATION “Summary Probation” is a very informal way of monitoring a person who is on probation. The court usually requires a person… Read More
DUI SCIENCE BASED Much of driving under the influence law is science driven. It is very different from other criminal law which is predominately based on making certain conduct illegal without the use of science. For instance, whether a theft is committed is not based upon science. Instead, it is based upon mere observation as to whether a certain object was taken from the owner without the owner’s consent. It is based upon common sense. DUI laws, however, are purely science based. For instance, Field Sobriety Tests were designed on the science of impairment as shown by decreased motor skills… Read More
SUSPENDED LICENSE When a person has a license suspension for a DUI, or other matter, the first thing the person tries to do is minimize the impact of the suspension on his life. In other words, he searches for alternative means of transportation. Sometimes the person is left to rely on third parties. Other times, especially due to scheduling and geographic inconveniences, the person looks for different vehicles that he can operate. When looking for a different type of vehicle the person many times assumes that the license suspension only applies to automobiles. MOTORCYCLES Does the license suspension apply to motorcycles?… Read More
DUI DRUGS INCREASE Due to the increase of officer training focusing on arresting for drug related driving under the influence, the California Department of Motor Vehicles (“DMV”) has had a uptick in referrals for drug related DUI arrests. Typically, when it comes to DUI suspensions the DMV has jurisdiction for alcohol related suspension when a person is over 21 years old and has a .08 blood alcohol content (“bac”) or greater; or if the person is under 21 years old with a .01 bac. There are also suspension actions when a person is over 21 years old and has a… Read More
OTHER DMV ACTIONS Typically people reach out to DUI attorneys when they have been arrested or detained for driving under the influence. There are firms, such as ours, that focuses on DUI representation – both in court and before the Department of Motor Vehicles (DMV). However, there are other actions that the DMV can take against a person’s license for matters that are not necessarily related to DUI. NEGLIGENT OPERATOR One type of hearing that most people have never heard of is the DMV Negligent Operator Hearing. The DMV typically will conduct a Negligent Operator Hearing if there is a… Read More
SUBMIT TO CHEMICAL TEST As most people know when the police pull people over one of the first things they ask for is a license, registration, and proof of insurance. During most stops, the person after being identified is cited for some sort of traffic offense. However, if the police stop turns into a DUI investigation the police officer will ask many more questions. The officer will ask you questions regarding what you ate or drank recently, when the last time you slept, how long you slept, where are you going and where are you coming from. The officer will also… Read More
The goal of the criminal justice system is not always to punish the offender in order to prevent reoffending. Many times, however, courts focus on rehabilitating the criminal defendant as a means to prevent reoffending. The California criminal courts have had various diversion programs that have been used as a tool to help rehabilitate such individuals. Diversion programs are implemented either before a person pleads to a criminal charge or after the plea. If the person successfully completes counselling (or other court requirements), the court will dismiss the charges against the defendant. The courts are satisfied that the defendant is… Read More
Being stopped by police can be a very unnerving situation. The flashing red and blue lights alone can cause someone to panic. The panic can be extreme when the person believes that the police officer wants to investigate that person or arrest that person for committing a crime. When panicked while being detained by an officer, one of the hardest things to do is maintain your composure throughout the interaction. However, as difficult as it is to maintain your composure it is good to know your rights and responsibilities when interacting with the police. A person needs to know when… Read More
NOT THE SAME AS ALCOHOL Driving under the influence of alcohol has a “per se” law, meaning “on its face” which creates a presumption that a person is guilty of DUI alcohol if that person has a blood alcohol content (BAC) of .08 or above. The .08 BAC was not arbitrarily chosen. Instead, tests were done to determine how much alcohol in a person’s blood system would cause impairment. These tests take into account that because alcohol is stored in water throughout a person’s body, the level of alcohol would be consistent throughout that person’s body. Alcohol is also absorbed… Read More
