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WHEN DOES “NO” REALLY MEAN “NO”?
July 12, 2016

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

ACCIDENT NOT YOUR FAULT BUT YOU GOT A DUI
June 23, 2016

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

HOW TO CHOOSE A DUI ATTORNEY?
June 3, 2016

NEED EXPERIENCE Should you hire the attorney that handles your family’s financial affairs? Recently in court we noticed that there are unfamiliar attorneys representing people charged with DUI. Whenever we notice a new attorney we try to get to know them and learn more about their law practice and have learned that they are family attorneys or probate attorneys. These attorneys do not have DUI experience so they charge their client a small fee for a plea. The problem is, however, that a lot of these attorneys have no criminal defense experience or knowledge. They have no grasp of criminal… Read More

POPULAR DUI URBAN LEGENDS
May 24, 2016

PROMOTING URBAN LEGENDS Since the beginning of DUI prosecutions there have been Urban Legends or unsubstantiated stories of how people avoided a DUI conviction. They are usually told by self-professed experts who claim to have personally gotten out of a DUI or witnessed a friend who got out of a DUI by engaging in certain evasive maneuvers. They swear that they are foolproof. These same individuals usually have a suspended license for not completing an alcohol program ordered as a result of DUI conviction(s). Below are just a few examples of these DUI Urban Legends. BURPED Urban Legend Number One:… Read More

GET READY FOR DUI ARRESTS TO GO UP!
April 28, 2016

PRESENT LAW Presently in California if a police officer thinks that a person is driving under the influence of a substance other than alcohol, the officer will have a trained Drug Recognition Expert (DRE) come to the scene to evaluate whether the person has any indicators for the use of drugs as well as state the classification of drug suspected. If the officer suspects drugged driving, the driver will be arrested and a urine or blood sample will be requested of the driver. NEW PROPOSED LAW This law may soon change. SB 1462 is being proposed by California Senator Huff… Read More

YOU CAN GET A DUI EVEN IF YOU WEREN’T DRIVING!
April 18, 2016

Not everyone who is arrested for a DUI is driving the vehicle – many times the driver is arrested for DUI. There are other times when the passenger is arrested for the DUI. And, quite surprisingly, sometimes both the driver and passenger are arrested for a DUI. Some examples of the above are quite obvious and expected. For instance, the owner of a car is on the side of the road and is believed to be impaired. No one is in the vehicle. The police ask the owner who drove the vehicle and he responds that his friend, whose full… Read More

YOU CAN DRIVE IN, THROUGH BUT NOT OUT!
April 1, 2016

OFF ROAD DUI When getting arrested for a DUI comes to mind many envision a person getting pulled over while driving in a residential area or highway. It may be surprising to learn that many people get arrested for a DUI when they are not on public roads. In fact many times people are eating a meal at a public eatery when they are arrested for a DUI. Below are different scenarios where individuals are arrested for a DUI. FAST FOOD PLACE While driving through the drive through of a popular burger franchise, a person (we’ll call her Sally) is… Read More

WHERE CAN YOU DRIVE ON A DUI RESTRICTED LICENSE?
March 14, 2016

SUSPENDED LICENSE The DMV issues various DUI related suspensions. The suspensions vary due to whether a person was on DUI probation, had at least one prior DUI, whether the person voluntarily submitted to a chemical test, and what county the person received his/her DUI. RESTRICTED LICENSE If a person is on court ordered probation for a DUI, he or she will only be eligible for a restricted license if the DMV does not find that the person was on DUI probation. When on DUI probation, one of the terms of the probation is that the people not drive with any… Read More

WILL GOING TO REHAB HELP THE DISPOSITION OF A DUI CASE?
March 2, 2016

GOING TO REHAB Rehabilitation, or the concept of getting professional assistance to recover from an impairment, has become a popular way to deal with one’s setbacks. There are many types of rehabs today. Some address physical impairments or maladies – like recovering from surgery or disease in a hospital setting. The type of rehab that seems to be widely discussed in the media, however, is that for substance abuse. Some substance abuse programs focus solely on breaking the addictive cycle of the substance abuser while others also address underlying mental health issues that drive the addiction. Individuals who attend these… Read More

CAN A DUI PREVENT EMPLOYMENT WORKING WITH KIDS?
February 17, 2016

SOCIAL WORKERS In past blogs I have discussed certain so called white collar professions that are vulnerable to the consequences of a DUI / Drunk Driving conviction or license suspension. There are other professions which can be negatively impacted by a DUI conviction or license suspension. Many professions that no one would ever consider would be impacted by a DUI. DUI convictions can have a completely adverse consequence on people who work with children. For example, social workers can lose their jobs if they have a DUI on their record. This is due to the nature of the contact that… Read More