California Misdemeanor DUI How likely is jail time for a first DUI? What are the penalties for your first, second, or third DUI conviction? How often do first-time misdemeanor offenders go to jail? What are the chances of going to jail for a second DUI? If there are aggravating facts re...
Lately, protective orders have made the big time lately thanks to the one of the cases against Donald Trump. In that case, the government asked U.S. District Judge Tanya Chutkan to issue a protective order. What is a Protective Order? Generally, a protective order governs how the parties in a c...
Getting arrested for a DUI in California or into trouble with the law is very stressful. Stress is one of those overused words that has lost its meaning. In fact, it may have been stress that contributed to the events that led to your current situation. Stressful family situations or worrying a...
The California Highway Patrol (CHP) and other law enforcement agencies in California make thousands of DUI arrests each year. The arrest data shows that law enforcement is consistently on the lookout for drivers who are potentially driving under the influence of alcohol or drugs in California. DU...
Challenging a DUI in California is difficult; the laws are complex and the prosecutors and DMV Hearings Officers are tough. Without an experienced DUI attorney, your chances are slim, and your chances of making mistakes increase. Once you've been arrested for DUI, you'll be given a 30-day driver'...
What Happens If You Do Not Take A DUI Test? You may be concerned about what will happen if you refuse to take a blood alcohol test after being arrested for a DUI in California. There are serious consequences if it is proven that you refused to take a blood or breath test, also known as a chemica...
Q: How likely is it to be convicted of a DUI when your blood alcohol content is below the legal limit? Q: Can you still get a DUI with a BAC below 0.08%? Benjamin F. Warlick got into a traffic accident and California Highway Patrol Officer Chris Jensen came to investigate. Mr. Warlick told the CH...
You could be arrested for marijuana DUI if you drive under the influence of THC (Vehicle Code Section 23152(f) aka DUI Drugs). Frequently Asked Questions: Is it illegal to drive high in California? Can you get a DUI for weed? Can you get DUI for driving high? How long to wait after smok...
Is it legal for an officer to stop you for tinted windows and then arrest you for DUI? Yes. But, in court, the officer has to say more than just that he just saw tinted windows. As the cases below show, the officer also needs to have significant experience and must explain why and/or how the win...
This page is designed to answer questions about your first, second, or third DUI in California and if you have an Under 21 DUI case. Like most people, you probably have lots of questions. If you don't see the answer to your questions, please feel free to call (714) 721-4423. FIRST DUI Frequently...
You may have seen or read about “BAC” when doing your research on Driving Under the Influence, drunk driving, blood alcohol level, and chemical test results, but maybe you have some further questions about BAC. BAC stands for Blood-Alcohol Concentration. The alcohol concentration in your blood ca...
After you drink alcohol, it enters your stomach and then your small intestine, where it enters your bloodstream and affects your brain and central nervous system. Your ability to drive is not affected by the alcohol your body has not yet absorbed. Because alcohol is absorbed, distributed, metabol...
CHP arrested Sandra Molenda for driving under the influence (DUI) of alcohol in Santa Cruz County. When the officer first arrived, he found Molenda alone in the car, seated in the driver's seat, trying to start the engine. The officer noticed signs of intoxication and smelled a strong odor of alc...
You go out for dinner and share a bottle of wine. Or play a round of golf and have a round of drinks while you add up your scores. On the drive home, you see a DUI checkpoint. Should you be worried? Police in Orange County, Los Angeles, San Bernardino, and Riverside Counties set up checkpoints to...
How Does A Plea Deal Work? Getting into trouble with the law in California disrupts your life in more ways than one. Whether you are innocent or guilty, however, you have a right to a defense. The criminal justice system, though flawed, offers options. Photo by Jeffrey Keenan on Unsplash Ple...
DUI Blood Tests in California Drunk driving or drugged driving in California is a serious criminal charge. During a DUI investigation, an officer may request a blood sample. This is especially true when an alleged suspect refuses a breathalyzer test or a police officer believes the suspect is...
In 2014, the California DUI Lawyers Association (CDLA) sued the DMV, claiming the system used by the DMV for DMV hearings is unfair and unconstitutional. The DMV uses the ‘administrative per se' or ‘APS' system to suspend driving privileges following a DUI arrest. When a driver is arrested for D...
This latest report by the California DUI Management Information System presents information and statistics on DUI arrests, convictions, postconviction sanctions, driver license suspension/revocation actions, and on drivers in alcohol-or drug-involved crashes. ⇒ Alcohol-involved crash fatalities...
First of all, this is in no way an attempt to outdo or throw shade on Caleb Mason's spectacular treatment in Jay-Z's “99 Problems,” Verse 2: A Close Reading With Fourth Amendment Guidance for Cops and Perps, 56 ST. LOUIS UNIVERSITY LAW REVIEW 567 (2011). In fact, there is nothing I could write t...
Mr. Terry was convicted of carrying a concealed weapon and sentenced to prison. His defense attorney filed a motion to suppress evidence police found on Mr. Terry and his co-defendant. At the hearing, the cop testified, "Now, in this case, when I looked over, they didn't look right to me at the time.”
When a person is arrested in California, they have a right to know what charges the prosecutor filed against them. They also have a right to plead guilty or not guilty. This all happens at an arraignment. It can be a particularly nerve-wracking time for anyone, even those who have gone through th...
California DUI FAQs To be a criminal offense in California, your blood alcohol content must be at or above the legal limit, you have an illegal chemical substance in your system, or your driving abilities were otherwise impaired. Driving while intoxicated (DWI), operating a vehicle under the in...
DUI Breath Tests In California When you have been pulled over and are suspected of drunk driving, you could be asked to provide a breath sample. Misconceptions exist about what your rights are and what these types of tests are. Misunderstandings can lead to more problems, especially if you are ...
If you are convicted of a DUI charge or DUI with injury while driving 30 or more miles per hour above the speed limit on a freeway, or 20 or more miles per hour over the speed limit on any other street in violation of California Vehicle Code Section 23103 (reckless driving), VC 23582 says the jud...
Lake Forest DUI lawyer Richard Wagner has experience fighting for his clients facing DUI charges. Having an experienced attorney for your DUI in Lake Forest will protect your rights when facing DUI or other criminal charges. Drivers in Lake Forest may not be aware of the potentially drastic reper...
