Posted on March 07, 2023 in DUI

As law enforcement focuses on its battle with drunk driving, lawmakers will often introduce new bills in order to strengthen the tools that police have to catch drunk drivers and the penalties that the courts can enforce if the driver is found guilty. Some of these bills pass and some do not, but it can make it confusing to understand what the current DUI laws in California are. The following are some of the common FAQs about drunk driving that the legal team at Burglin Law Offices, P.C. are often asked.

What Is Considered Legally Intoxicated Under California Law?

Under current California, the blood alcohol concentration (BAC) level that could result in a DUI charge is:

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 Posted on February 03, 2023 in License Suspension

Most people know that you can lose your driver’s license if you are arrested for driving under the influence of alcohol or drugs (DUI) in California. However, many people do not realize that there might be a way to get the suspension of your driver’s license rescinded, but doing so generally requires the help of a qualified attorney.

You Have the Right to a Court Hearing Regarding Your Suspension

If you refuse blood-alcohol content (BAC) testing following a DUI arrest, the state of California imposes an automatic suspension of your driver’s license. For most people, this suspension lasts for one year, presuming that it is your first offense. The law in California, however, gives you the right to a court hearing to challenge the suspension. At this hearing, your lawyer can question police officers and present arguments as to why your license should not have been suspended.

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 Posted on January 06, 2023 in DUI

California prohibits drivers from operating while they are under the influence of drugs or alcohol. Both legal adults who are able to legally consume alcohol as well as people less than 21 years of age can be charged with driving under the influence (DUI). Adults in California face charges if their blood alcohol concentration (BAC) is 0.08 percent or greater. People under 21 years of age must comply with the zero-tolerance policy in California under which a person can face possible penalties for driving with a BAC of as little as 0.01 percent.

A zero-tolerance violation results in a one-year driver's license suspension. Alleged offenders with BACs of 0.05 percent or higher face a one-year suspension as well as mandatory alcohol education classes. If an underage driver has a BAC above 0.08 percent, he or she will face the same DUI penalties as adults over 21 years old. 

Underage DUI Penalties

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 Posted on December 05, 2022 in DUI

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:

• 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.

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 Posted on November 15, 2022 in License Suspension

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.

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 Posted on October 19, 2022 in DUI

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

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 Posted on September 12, 2022 in License Suspension

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.

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 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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