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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 an 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

Paramedics and police were recently dispatched to a home near Mountain Pride Park to investigate reports of an injured child. When they arrived on the scene, responders found a boy in need of immediate and significant medical attention.  The boy’s parents, a Navy sailor and his girlfriend, were questioned and subsequently arrested on suspicion of child abuse. If charged, the sailor and his girlfriend could face serious consequences, including time in prison, probation, and even loss of the custody of their son. California is tough on crime. This is especially true when children are the victims of those crimes. Studies… Read More

DRUG DRIVING A PRIORITY Law enforcement and other government officials are making drugged driving a priority. They are concerned that drivers are becoming extremely distracted by the use of handheld devices and ingesting legal pharmaceutical products. What happens, however, if you unknowingly ingest a drug or other pharmaceutical product and are subsequently arrested for a DUI? Does that DUI count against you? PRESCRIPTIONS For instance, what if you take someone else’s prescription and are unaware of the fact that it can impair driving? Will this help you avoid a DUI arrest? Unfortunately it probably won’t due to the fact that… Read More

It seems that there has been a recent uptick in the number of DUI’s that are being charged as chemical test refusals. Legally speaking, chemical test refusal occurs when a police officer lawfully arrests someone for DUI, admonishes that person of their requirement to submit to a chemical test, and that person refuses to submit to a chemical test. Factually, however, whether a person refused or not is somewhat of a gray area. For instance, if a person is lawfully arrested by a police officer and tells the officer that he wants an attorney before he decides to submit to… Read More

SAME OLD STORY I cannot tell you how many times in my personal and professional life I have heard someone say that they are an excellent driver – even when under the influence of an intoxicating substance. These assertions usually are made when they are trying to be convinced to use a designated driver. These people may very well be excellent drivers when sober and very experienced at driving while impaired. They are making these assertions because they assume that if they appear to be driving according to traffic laws they will not get arrested for DUI. They don’t take… Read More