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

To understand when police have the authority to pull someone over on suspicion of drunk driving, it is important to know what "reasonable suspicion" is. To initiate a traffic stop, police must have a reasonable suspicion that criminal activity is taking place. Actual violations of the law, such as speeding or running a red light, are justifications for conducting a traffic stop. Unsafe driving or driving that makes the officer suspect criminal activity may also justify a traffic stop. For example, if an officer witnesses a driver erratically moving from lane to lane, the officer may assume that the driver is under the influence of drugs or alcohol. Police must be able to specify the reason that he or she suspected someone of breaking the law. Officers are not permitted to pull someone over for no reason. Sobriety checkpoints are one exception to the reasonable belief requirement.

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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.

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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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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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