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.  

You Have the Right to Be Represented by an Attorney

If you were accused of a crime, the first person you should share any information with is your attorney. A skilled criminal defense attorney will understand how best to defend you against whatever charges you are facing. He or she will ensure that you do not worsen your situation by revealing information. Before you talk to police, talk to your lawyer.

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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:

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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.

Drivers may face license revocation or suspension due to:

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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.

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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:

• Walk and turn – The driver is asked to walk toe to heel in a straight line.

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Alcohol breath tests or “breathalyzers” as they are often called, test the amount of alcohol on a person’s breath. This information can be used to determine the test taker’s blood alcohol content (BAC). The results of breathalyzer tests are frequently used to prosecute drivers for driving under the influence (DUI). However, these tests are not infallible.

Testing devices that are not properly cleaned, regularly maintained, and administered correctly can yield inaccurate results. Even something as innocuous as a person’s diet may lead to inaccurate breathalyzer results. Recently, many people have questioned whether the increasingly popular keto diet could lead to false-positive breath test results and, consequently, charges for drunk driving.

Can Being Keto Really Affect Breathalyzer Tests?

The keto diet requires dieters to abstain from foods containing significant amounts of sugar or carbohydrates. This forces the body to use fat as an energy source. When fat is metabolized by the body, chemicals called ketones are produced. Ketones are chemically similar to isopropyl alcohol. If a breathalyzer test is not sophisticated enough to distinguish between isopropyl alcohol and ethyl alcohol, the alcohol found in alcoholic beverages like wine and beer, it is possible that ketones in the breath will cause the breath test to yield an artificially inflated BAC. However, advanced testing devices are able to differentiate between ketones and the ethyl alcohol found in alcoholic drinks.

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Individuals in the United States have important rights protected by the Constitution and other legislation. One of these rights is the right to be free from “unreasonable search and seizure.” The Fourth Amendment to the Constitution ensures that police and other government officials may not search a person’s property or take property without a legitimate reason. In many cases, police must get a search warrant signed by a judge before they can search a person’s property. However, there are many exceptions to search and seizure laws and our right to privacy varies depending on the type of property in question.

Arrests for driving under the influence (DUI) can escalate into much greater issues when police search the car and find evidence of another crime. Whether you have been charged with a criminal offense after a police search or you simply want to know your rights, understanding when police can and cannot search without a search warrant is crucial.

When Can Police Conduct a Warrantless Search of a Residence?

Criminal charges often hinge upon evidence collected on personal property. Many people are confused about when police have the right to enter their home and search for evidence of criminal activity. In most cases, police must obtain a search warrant before they can search a person’s home. However, there are exceptions to this rule. For example, police may enter a home without a search warrant if there is illegal contraband or evidence of a crime in plain sight or if they are pursuing a fugitive. Police may also conduct a warrantless search if there is a reasonable belief that someone is in immediate danger or that evidence is being destroyed. Lastly, police may search a home without a warrant if a resident gives them permission to do so.

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Being charged with driving under the influence (DUI) can lead to a number of difficulties that will affect a person’s life, including restrictions on their ability to drive. One issue that people may not be aware of is the requirement to use a breath alcohol ignition interlock device (BAIID). Drivers who are arrested for DUI will want to be sure to understand when these requirements will apply and the restrictions that they may face when using these devices.

IID Requirements in California

An ignition interlock device or IID is a breathalyzer that will be installed in a person’s vehicle. Before starting the vehicle and at certain intervals while driving, a person will be required to give a breath sample. The vehicle will not start if the IID registers alcohol in the driver’s breath. In addition, any readings that show that a driver has attempted to drive with alcohol in their system will be reported to the authorities, and the driver may face additional criminal charges or restrictions to their driver’s license.

Since 2019, California has required all drivers convicted of DUI to have ignition interlock devices installed in their vehicles. However, by having an IID installed immediately after a conviction, a driver will be able to avoid any suspension or revocation of their driver’s license. When using an IID, a driver will not have any restrictions on where or when they can drive. In addition to the installation of an IID, a driver may also be required to participate in a DUI education program, and they will need to provide proof that they have completed this program. 

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In California, marijuana has been legal for both recreational and medical use since 2016. The state’s laws treat this drug similarly to alcohol, and people over the age of 21 are allowed to purchase marijuana from licensed dispensaries for their own personal use. Because marijuana use can affect a person’s ability to operate a motor vehicle safely, people are restricted from “driving while high.” The state’s DUI laws apply to marijuana as well as alcohol, and drivers may face consequences if they are arrested for driving while they are intoxicated by marijuana or a combination of substances.

Legal Issues Affecting Marijuana DUI Cases

Marijuana can affect a driver in many ways, and a person may experience delayed reaction times, a lack of coordination, impairments to judgment, and difficulty perceiving factors such as time and speed. However, it is not always easy to determine a person’s level of intoxication. Unlike alcohol, which enters and leaves a person’s body quickly, the chemicals in marijuana can remain in a person’s system for a great deal of time. Since different people absorb and react to marijuana differently, it can be impossible to determine a specific amount of the drug that will cause a person to be intoxicated.

While there is a legal limit for blood alcohol content when a person is driving, California law does not recognize any limits for marijuana. There is no breathalyzer test that can be used to determine whether a driver is intoxicated due to marijuana in their system. While some law enforcement agencies in the state have been testing the use of saliva swabs in DUI traffic stops, these tests may detect the presence of marijuana in a person’s system without being able to determine whether a driver is impaired, and they are not legally-admissible evidence in a DUI case.

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A new law that allows judges to grant diversion to those convicted of misdemeanor driving under the influence (DUI) has been causing confusion in the California court system, according to The Press-Enterprise. Critics of the measure say judges are applying it inconsistently, often granting diversion to defendants with means while poorer defendants are punished with criminal penalties. 

Assembly Bill 3234

Assemblyman Phil Ting, a Democrat from San Francisco, introduced Assembly Bill 3234 as part of a criminal justice reform package designed to, among other things, give judges the discretion to place first-time DUI offenders into a diversion program instead of jail. 

Ting said the measure was modeled off of a program that proved successful in Los Angeles County. Since judges could grant diversion, he explained the county court system had 2,000 fewer jury trials, which saved some $12,000 per day. Also, according to Ting, those who completed a diversion program were less likely to re-offend. 

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Ahead of Labor Day weekend, a multinational alcohol company launched a virtual campaign to warn Californians who plan on partying over the weekend about the dangers of drinking and driving. Diageo North American partnered with the United Nations Institute for Training and Research to launch the “Wrong Side of the Road.” 

Wrong Side of the Road

The educational project includes a website that hosts a series of videos in which people who have been convicted of driving under the influence (DUI) share their experiences. Many of the individuals describe the social stigma they feel as a result of their DUI conviction.

Diageo, which owns Johnnie Walker, Smirnoff, Captain Morgan, Guinness, and dozens of other beverage brands, explained they wanted to show how catastrophic it could be not just for you, but the people in your life if you decide to drink and drive. 

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Most people are honest, especially when they talk to a police officer, but that police officer might not be as forthright about his or her intentions. When a police officer suspects that a driver is driving under the influence (DUI), he or she may ask questions to find evidence or clues of drunk driving. DUIs and traffic infractions result in more injuries and death than any violent crime, but also DUIs are incredibly hard to prove. 

When a police officer pulls you over and suspects that you are under the influence of alcohol, they will ask you what seems like common, getting-to-know-you questions, but in reality, what they are doing is phishing for information. The police officer may be gathering details and building the foundation of a DUI case. 

While it seems logical to stay silent during this exchange, the honest person might feel like they are trying to hide something. It begs the question: When should you answer questions and when should you stay quiet during a DUI stop?

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In a DUI case, the reason why a police officer pulls you over plays an important role. Identifying a traffic violation gives the officer probable cause to stop you in the first place. The officer can gather further evidence of drunk driving. How do police officers determine that there is probable cause for a DUI stop?

The short answer is nobody knows you are driving drunk — not even police officers — just by the traffic violation. However, police are trained to look for specific behaviors to single out possible drunk drivers and follow them until they see a traffic violation to build a DUI case. 

A Vehicle in Motion

One of the first lessons in DUI training is called “Vehicle in Motion.” The lesson is used to train police officers how to identify driving behaviors that could lead to DUI stop, and how to observe and document the behaviors for a DUI case. The training is provided by the National Highway Traffic and Safety Administration (NHTSA), an agency managed by the federal Department of Transportation. 

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In an effort to keep unsafe drivers off the road, California law typically requires a driver’s license suspension for a person who is arrested or convicted for driving under the influence (DUI) of alcohol. However, in a world that frequently relies on personal vehicles for transportation, the loss of driving privileges can be a major inconvenience and even a cause of financial hardship. If your license has been suspended for DUI-related reasons, you may be able to mitigate some of the consequences by applying for a restricted license.

Restricted Licenses for California DUI Arrest Suspensions

In California, a DUI conviction is not necessary for a driver’s license suspension to go into effect. Rather, you could find your license suspended for four months if a chemical test shows that you had a BAC of at least 0.08. You may be able to contest your suspension with the help of an attorney at an administrative DMV hearing, but if the suspension goes into effect, you will be unable to legally drive under any circumstances unless you obtain a restricted driver’s license.

The California DMV offers two options for obtaining a restricted license under these circumstances. The first is to agree to install a breath alcohol ignition interlock device (BAIID) in your vehicle, in which case you would be able to drive for any reason as long as the device does not register alcohol in your breath. The second option is to serve at least 30 days of the suspension and then agree to drive only for the purposes of employment and attending a DUI program. For either option, you must apply through the DMV, pay a fee, and provide proof of insurance. These restrictions typically last for the duration of the suspension or slightly longer.

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A DUI conviction can have lasting consequences for anyone, but it can be especially hard for drivers under the age of 21 who are just beginning their adult lives. If you or your child has been charged with an underage drinking offense in California, it is understandable that you would be concerned about the outcome of your case. An attorney can inform you of the possible consequences and prepare a defense that may help you avoid them.

Penalties for Underage DUI

In California, drivers under the age of 21 who are convicted of an alcohol-related offense can face both administrative and criminal penalties, depending on the circumstances. The severity of the consequences depends in large part on the driver’s blood alcohol concentration (BAC) as measured by a preliminary breath test or chemical test.

For example, underage drivers with a BAC of at least 0.01 are subject to a one-year suspension of their driver’s license according to California’s zero-tolerance law, but this is likely to be the only penalty they face. With a BAC of at least 0.05, the driver can also be assessed a fine, and if they are at least 18 years old, they can be ordered to complete a DUI education program before having their license reinstated. Notably, neither of these charges will result in jail time.

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If you are convicted of driving under the influence (DUI) in California, you face many serious penalties in the short term. Your sentence could include fines, jail time, probation, driver’s license suspension, court-ordered community service, DUI school, and attendance at AA meetings. However, you may also be concerned about the long-term effects of a conviction, including a criminal record that can impact future sentencing and employment and housing opportunities. It is important to understand how your criminal record can affect you, as well as whether you have any options to remove a DUI conviction from your record.

Expunging a DUI Conviction in California

A DUI conviction is likely to remain on your record in some form for the rest of your life. However, under some circumstances, it is possible to have a DUI conviction dismissed, preventing it from affecting certain aspects of your life.

The most important requirement for dismissing a DUI conviction is that you have completed any term of probation that was included in your sentence. In California, DUI sentences often include a probationary period of between three and five years, during which time you must refrain from committing any additional criminal offenses. Probation also typically includes conditions such as attending DUI school, completing community service, and driving with restricted privileges. Once the probation period ends, you can petition the court for dismissal, provided that you have abided by all of the conditions of probation and you are not currently serving another sentence or facing pending criminal charges.

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If you are arrested, charged, and then convicted with a driving under the influence (DUI) offense, that does not necessarily mean you will be serving jail time. In California and many other states, there are plenty of alternatives to jail time, some of which might even give you an opportunity to not only serve your time but also improve your life and your community.  

A Brief Overview of Alternatives to Jail Time in California

From a practical perspective, alternatives to jail time are meant to manage overcrowding in prison and the high cost of jailing people, but in a way, these alternative programs also help the convicts as well. In California, in particular, there are many alternatives to jail time for DUI convictions if approved by the courts. A few of the most common alternatives include:

• Mandatory AA meeting attendance or similar programs—Court-ordered attendance at Alcoholics Anonymous (AA) meetings or other alcohol abuse education classes aim to replace or supplement punishment with rehabilitation. Essentially, the goal with these is to educate you in such a way that you get the help and treatment you need to improve your life and never face another DUI. In addition, a DUI convict might be able to attend any of the following other alternatives similar to an AA program:
• Professional alcohol and drug rehab
• Professional counseling/therapy
• Other educational programs or support groups meant to improve behaviors and attitudes concerning alcohol
• House arrest—Also known as home confinement, house arrest is not just for white-collar criminals anymore; you might find courts ordering it for you with a DUI conviction for similar reasons that other alternatives are employed. With house arrest or home confinement, you are permitted to serve part of your prison time or all of it from your home as long as you wear an ankle bracelet that tracks your location.
• Work programs—Work programs, usually offered by the Sheriff’s Office, such as the one in San Francisco, titled SWAP (Sheriff’s Work Alternative Program), allow you to substitute some or all of your jail time for supervised work out of custody for part of your sentence. As with all alternative sentences, SWAP and other work programs are only court-ordered and are not necessarily offered to everyone; however, they do benefit the community as much as the convict. For instance, during these work programs, you might put in a hard day’s work doing any of the following:
• Street-sweeping
• Landscaping
• Washing government cars
• Janitorial work
• Painting and construction, including some art
• Picking up trash and needles
• Remote alcohol monitoring—Through SCRAM services and devices or other similar tools, law enforcement is able to measure and monitor your perspiration, breath, or other vitals to determine whether you are consuming alcohol. Monitoring is continuous, preventing you from drinking alcohol and getting in a potentially illegal situation that might violate the terms of your sentence. 

Contact a Napa DUI Defense Lawyer

While an experienced and talented San Francisco DUI defense attorney could prevent you from being convicted of a DUI charge with impressive strategies, if you are convicted, you might be able to serve your time in a number of alternative ways. Whether you need your lawyer to strategically defend you and win your case, or at the least fight for you to serve your time in a more productive way, you will want to contact the highly skilled team at Burglin Law Offices, P.C. by calling 415-729-7300 for a free consultation.

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There are many facts about the California DUI process that distinguish it from other states; relative to some of those states, California’s legal proceedings are slightly different. In California, there are two legal proceedings when dealing with the aftermath of a driving under the influence (DUI) charge. They are the administrative hearing at the DMV and the actual criminal court proceeding. It is worth knowing how these two are different so that you know what to expect at every step in the process. The following is a brief summary of these two legal proceedings.

The DMV Hearing vs. the Court Proceeding for a DUI in California

These two legal proceedings are very different, and their differences take root in their ultimate goals for the alleged offender. The DMV Administrative Hearing is just that—administrative. This means it is strictly meant to handle the administration of your driver’s license (i.e., whether you will have your driver’s license suspended).If you do not request a DMV Administrative Hearing within 10 days, you will be given an automatic driver’s license suspension after 30 days.If you choose to go through with the hearing, you could choose to represent or yourself or you could hire an attorney to represent you. Note that the DMV never appoints a public defender for administrative hearings.

As for the criminal court proceeding itself, this is a lot more complicated and complex as a process. It could involve up to four or more separate courtroom appearances, including:

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There is little doubt that California, at least pre-COVID and also before the major, frequent fires, has always been the place to be when traveling within the U.S.—you might be there to check out Hollywood and all the stars, or you could be there to savor some lush libations in wine country throughout Napa. Whatever your reasons for traveling here as an out-of-state visitor, odds are you will probably need a car or a rental. Much of the most popular spots in California are not exactly within walking distance of wherever you might be. Residents know this—and have known this—for years. So if you do end up driving a lot while here as a nonresident, you should know that when it comes to a driving under the influence (DUI) charge, things can get complicated. Here is why. 

California Is Serious About Out-of-State DUI Due to Interstate Agreements

Do not think that being in a new place for a short while disqualifies you from severe consequences with regards to DUI charges; in fact, in California, out-of-state DUI is a serious offense that could result in major punishments in both California and your home state. The reason for this is mostly due to an interstate agreement about road safety:

The state of California is one of 45 states that agreed to join the Nonresidential Violator Compact, also known as the Interstate Driver’s License Compact or the IDLC, at least partially. This compact is a partnership between states across the nation to share all violation information from out-of-state residents with their fellow members of the compact. For many states, this includes minor traffic violations; for California, it is primarily for more serious dangers to safety like DUI. As such, if you are charged or convicted of DUI in California as a nonresident, you will face stiff penalties and consequences, both in California and your home state. The constant sharing of information between states with regards to this might actually make your case even more complicated, as the prosecution might discover a history of criminal activity, including prior DUIs.   

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Driving under the influence (DUI) on its own, as a one-time offense, can be a difficult and very challenging charge to face, but the circumstances and consequences concerning felony DUI are even more grave and substantial. Whereas first-time DUI, second-time DUI, and third-time DUI offenses are usually classified as misdemeanor DUIs, there are specific qualities of a felony DUI that make it much more serious. Here is a brief overview of felony DUI.  

Circumstances That Can Lead to Felony DUI in California

In general, the basic requirements for a felony DUI charge in California are at least one of the following:

1. You already have three or more DUI convictions over the last 10 years.
2. You have one or more felony DUI convictions over the last 10 years.
3. This specific DUI caused injury or death to someone else.

However, these are only the basic circumstances that justify a felony DUI charge. There are also other instances, which are more specific, that can lead to a felony DUI. These include aggravated situations, such as:

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