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Recent Blog Posts
Common DUI Defenses in California
Many people who are arrested for driving under the influence (DUI) of alcohol or drugs in California become immediately fearful that a conviction is imminent. In actuality, many alleged offenders in these cases have a variety of defenses that could allow them to avoid conviction.
Prosecutors in these cases are motivated to try and portray alleged offenders as being particularly reckless, but a criminal defense attorney can make a world of difference in determining your defense options.
Possible Legal Defenses Against DUI Charges
When you are considering possible DUI defenses, these are some of the most common defenses:
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Breath Test Errors — Numerous issues during a test can impact its validity, as testing devices may malfunction, environmental factors may contribute to false positives, and other issues can lead to test results being thrown out.
Reinstating Your License After a DUI
Few penalties associated with driving under the influence (DUI) arrests hit people as hard as driver’s license suspensions because the loss of driving abilities often dramatically changes how people operate on a daily basis. Anybody who is dealing with a DUI and needs help seeking driver’s license reinstatement in California will want to be sure that they retain legal counsel for help satisfying all of the many demands placed on people seeking restoration of their driving privileges.
Those who are convicted of DUI offenses in California can be subject to a wide range of possible suspension periods, and a person is not automatically reinstated as a lawful driver once the suspension ends. There is instead a full reinstatement process a person must complete to be considered a lawful driver again.
How Reinstatement Works in California
Seeking reinstatement is not the same as challenging your suspension, which you can legally do after your DUI arrest when a police officer gives you a notice of suspension. You will have 10 days to request a California Department of Motor Vehicles (DMV) hearing that is overseen by a DMV employee. This type of hearing only requires the DMV to prove a person was arrested for violating state DUI laws by a preponderance of the evidence, which is a much lower standard than beyond a reasonable doubt.
When Do Police Have the Authority to Pull You Over for Alleged Drunk Driving?
In the United States, we have important rights when it comes to our privacy. The Fourth Amendment protects us from unreasonable searches and seizures by the government. However, there are exceptions to this rule. One exception is when the police have reason to believe that a crime has been committed. It is crucial for everyone to know when police officers have the authority to conduct a traffic stop and assess a driver for signs of intoxication.
If a DUI traffic stop is conducted without justification, evidence obtained during the traffic stop may be unusable in court. This means that if an alleged drunk driver can prove that the officer who pulled him or her over had no grounds for doing so, any evidence of intoxication gathered during the stop may not be used against the driver. This could lead to the charges being dismissed entirely.
Reasonable Suspicion is Required for a Traffic Stop
Driving on a Suspended License in California
In California, a number of offenses are punishable by driver's license suspension. Conviction for driving under the influence (DUI) results in a six-month suspension while a second offense is punishable by a two-year suspension. Driver's license suspension is not always due to drunk driving, however. Getting into an accident without auto insurance, having too many points on your driver's license, and even failing to pay child support can lead to a license suspension.
Penalties for Driving When Your Driver's License is Suspended
Once a person's license is suspended, driving any vehicle is prohibited. Driving with a suspended license is a criminal offense. The penalties for driving with a suspended license in California depend on the reason for the suspension and the number of prior offenses. A first offense is punishable by up to six months in jail and a fine of up to $1,000. A second offense is punishable by up to one year in jail and a fine of up to $2,500. However, the penalties are even more severe if someone with a suspended license gets into an accident in which another person is injured.
Can a DUI Threaten My Nursing License?
When someone is arrested for suspected drunk driving, their main concern may be jail time or driver’s license suspension. However, for licensed professionals, getting a drunk driving charge can also threaten their livelihood.
When a licensed nurse is arrested for driving under the influence (DUI) in California, he or she can face additional penalties through the California Board of Registered Nursing (BRN). If you or a loved one are a nurse who was recently arrested for DUI in the Marin County area, reach out to a lawyer for help. All hope is not lost and there may be steps you or your loved one can take to avoid losing your nursing career.
Fighting Drunk Driving Charges
DUI charges are often based on the results of a field sobriety test or breathalyzer test. These tests are not perfect and false positives have been known to happen. With help from a skilled DUI defense lawyer, a nurse arrested for DUI may be able to get the charges dropped or receive a “not guilty” verdict.
What Are My Rights During a Police Interrogation?
Police interrogations are often intense. Officers ask individuals a series of questions aimed at gathering information about an alleged crime. Police may interrogate someone they think committed a crime or someone who may have evidence or information relevant to a criminal case. It is important for everyone to understand their rights regarding police interrogations – and even more importantly, to assert these rights effectively.
You Have the Right to Remain Silent
Most people have heard the phrase “you have the right to remain silent,” but few truly understand just how powerful this statement is. In the United States, we have a right to avoid self-incrimination that is protected by the U.S. Constitution. You cannot be forced to testify against yourself. If you are ever arrested for a crime or brought into police custody for questioning, you do not have to answer the officers’ questions. Often, the police will imply or even outright insist that you will be better off cooperating with the interrogation. They may say something like, “We cannot help you if you do not talk to us.” Sometimes, police imply that the suspect will get a lowered sentence or reduced penalties if he or she confesses. Do not fall victim to these tactics.
What Happens if You Get Charged with DUI for the Third Time?
Drunk driving is a criminal offense punished by fees, license revocation, and even jail time. The severity of the penalties associated with drunk driving charges depends on several factors including the person’s past criminal history.
If you were arrested for driving under the influence (DUI) and you have two prior DUI convictions on your record, the penalties you face are especially harsh. It is important to contact a DUI defense lawyer right away. Your lawyer can help you understand your options, protect your rights as a criminal defendant, and determine the best way to defend yourself against the DUI charges.
Criminal Penalties for a Third Drunk Driving Conviction
Penalties for driving under the influence increase with each subsequent offense. Conviction for a third-time DUI offense in California is punishable by:
Can I Lose My CDL Because of a Medical Condition in California?
When we think of driver’s license suspensions and revocations, we usually assume that the person has lost his or her license because of drunk driving or another criminal offense. However, sometimes, commercial driver’s license holders lose their licenses due to no fault of their own. California has the authority to revoke a person’s driver’s license due to concerns about how a health condition affects their ability to drive safely.
Mental and Physical Health Problems Can Lead to License Revocation
California law authorizes the DMV to revoke a person’s driver’s license if they have a medical condition that makes them unable to drive safely. Commercial driver’s license holders need their CDL to earn a living. Consequently, the risk of losing their license due to a mental or physical health condition is a very real concern.
Drunk Driving Accidents Resulting in Injury May Be a Misdemeanor or Felony
Alcoholic beverages are an everyday part of our culture, so it is easy to forget just how profoundly they impact our bodies and minds. Alcohol decreases our reaction time, our impulse control, and impairs memory and concentration. Driving a vehicle while under the influence of alcohol can be extremely dangerous for the driver and everyone else on the road. Consequently, drunk driving is penalized harshly in California – especially if there is an accident resulting in injury.
If you or a loved one were charged with DUI resulting in injury, it is important to know what you are up against.
DUI Resulting in Injury to Another Person
In California, DUI with injury is a “wobbler” offense meaning it can be a felony or misdemeanor depending on the circumstances. The offender’s criminal history and the circumstances of the DUI accident impact the type of charge the person faces. Often, DUI resulting in injury to another person is a felony due to the nature of the offense. However, a skilled DUI defense lawyer may be able to get the charges reduced to a misdemeanor.
Assessing the Accuracy of Drunk Driving Tests
Charges for driving under the influence can lead to heavy fines, loss of driving privileges, and in some cases, jail time. However, there are many reasons that DUI charges can be dismissed or reduced. Often, the evidence police use to arrest someone for DUI is flawed. A skilled criminal defense lawyer can help defendants find inconsistencies and weaknesses in the prosecution’s case against them. DUI tests including breath tests, blood tests, and field sobriety tests can be inaccurate for many different reasons.
Are Field Sobriety Tests Good Indicators of Intoxication?
If police suspect that someone is driving while intoxicated, they may ask the driver to perform a series of physical actions called field sobriety tests. The most common field sobriety tests include:
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Walk and turn – The driver is asked to walk toe to heel in a straight line.
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