Posted on August 22, 2022 in DUI

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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 Posted on July 06, 2022 in Domestic Violence

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.  

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 Posted on June 07, 2022 in DUI

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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 Posted on May 10, 2022 in CDL

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.

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 Posted on April 13, 2022 in DUI

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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 Posted on March 15, 2022 in DUI

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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 Posted on February 08, 2022 in DUI

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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 Posted on January 04, 2022 in DUI

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.

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 Posted on December 14, 2021 in DUI

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.

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 Posted on November 03, 2021 in DUI

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.

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