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...
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...
In more serious misdemeanor and felony cases, you have to post bail or stay in jail pending the outcome of your case. However, in the most serious cases, the court can deny you bail. These are capital crimes or those cases where the judge determines your release would result in great bodily harm ...
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...
Prosecutors can charge you with DUI and tack on the child endangerment enhancement under Vehicle Code Section 23572 if you are arrested for DUI and you had a minor under the age of 14 in your car. Will I Go To Jail? First offense: 48 hours in the county jail. Second offense: 10 days in the count...
Do I Have To Get an Ignition Interlock Device Installed? Drivers must install an IID before getting a restricted driver's license or restoring driving privileges after certain types of convictions. Depending on the conviction, the IID must remain installed for different lengths of time. IID for D...
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...
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...
Keith Laroy Dews was arrested for DUI on January 29, 2011. Mr. Dews appeared in court on February 14, 2011. His case was “discharged by the district attorney pending further investigation.” After receiving a blood-alcohol-analysis report, the DA filed charges against Mr. Dews, accusing him of vio...
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...
17-year-old Erik Taylor was driving two friends home from a school dance in his Toyota pickup truck. As Officer Hohmann's car passed by Taylor's truck, “someone inside [Taylor's] vehicle yelled loudly, and [Taylor's] vehicle cut sharply behind Hohmann” as Taylor made a left turn. Officer Hohmann...
The automobile exception to the warrant requirement authorized a police officer to search a backpack, left in a friend's car because the officer had probable cause to believe the car contained an unlawful amount of marijuana. Because the officer had probable cause to search the car for an unlawf...
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...
Is the smell of marijuana and a driver telling the police officer that he has marijuana in the car enough to justify the search of the car? Officer Jones was on “specialized DUI patrol.” She testified at the hearing to suppress the evidence that she saw Mr. Shumake driving with no front license ...
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...
Police stopped William Leahy for driving 55 in a 25-mile-per-hour zone. According to the officer, “Leahy's face was flushed, his eyes were red and watery, his speech was slurred, his balance was unsteady, and he exuded the odor of alcohol.” HGN EYE TEST “Leahy took the HGN test. “Nystagmus is an...
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...
A Monterey County jury convicted Brad Azcona of two premeditated murders, two attempted murders, three assaults with a deadly weapon, negligently discharging and possessing a firearm, and attempted robbery. The jury also found true the special circumstance allegation that Mr. Azcona committed mul...
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...
Former Raider Wide Receiver Henry Ruggs is accused of driving 156 mph, and having a blood alcohol level of 0.16 percent. According to reports, prosecutors charged Ruggs with DUI resulting in death, DUI resulting in substantial bodily harm, two counts of reckless driving resulting in death or subs...
Is it a step in the right direction? I guess so. When thug cops beat the living daylights out of Rodney King 30 years ago and got acquitted, I guess you could say we, as a society, are making progress. However, we are only at the point now where the crime must be clearly on video and the person m...
Diversion suspends, postpones, or presses the pause button on your criminal case for a certain amount of time to give you time to do certain things, like a treatment program. If you successfully complete diversion, the criminal charges, including DUI cases, are dismissed. You also may legally ans...
“I start from the supposition that the world is topsy-turvy, that things are all wrong, that the wrong people are in jail and the wrong people are out of jail, that the wrong people are in power and the wrong people are out of power, that the wealth is distributed in this country and the world...
There are two types of probation: formal and informal. Probation is the suspension of the imposition or execution of a sentence and the conditional release of a defendant into the community under the direction of a probation officer (“formal” or “supervised” probation) or the court (a “conditiona...
What happens if you get a DUI in California, while on vacation or you were here on a business trip, and you live in another State? Or, what happens if you get a DUI in California, but you want to move from California to another state? The California DMV will report the conviction to the Departmen...
