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Drunk Driving Archives

Cleaning up your record to get a CDL

Under the law AB-60, which took effect January 1, 2015, it is now possible for undocumented persons who can prove their identities, establish California residency and comply with other requirements, to receive a California driver license ("CDL"). Many of my clients are taking advantage of this excellent opportunity.

Defenses to DUI in California

There are several ways to defend against a California DUI charge. One of the most popular methods is to challenge the validity or legality of the initial stop and whether the officer had reasonable probable cause to pull over the driver. Another is to question whether sampling or performance tests were performed correctly and interpreted accurately using properly functioning equipment. However, there are certain factual defenses which may lessen or eliminate the charge altogether.

Man charged with DUI at drive-thru

A California man was recently taken into custody by police in Madera after reportedly falling asleep in a drive-thru lane. Authorities in the area allege that his blood alcohol content measured at .16 percent, which is twice the legal limit of .08 percent. The man also reportedly failed the field sobriety test to which he was subjected.

California checkpoint results in DUI charges, impounded vehicles

Police in California took one driver into custody as a result of a DUI checkpoint, according to reports. Officers conducted the checkpoint from 7 p.m. on Dec 27 to 2 a.m. on Dec. 28 on the 1900 block of Ming Ave. in Bakersfield. The DUI checkpoint resulted in one driver being detained under suspicion of drunk driving. However, officers said that they identified 25 drivers who had no valid driver's license. Nine of those drivers were reportedly operating their vehicles with a suspended license, and 12 vehicles were impounded at the checkpoint. A sergeant from the Bakersfield Police Department said that 659 vehicles were screened at the checkpoint.

Overcrowded jails leads to less sentences for DUI offenders

According to reports, the increasingly crowded conditions of California's jail and prison system has led to those convicted of more minor offenses, such as DUI, serving little time as a result. Because the system wants to reserve beds for those charged with more serious crimes such as rape or other felonies, DUI offenders are increasingly receiving more minimal sentences.

Three things to remember during a DUI stop

Many people wonder what police officers look for when stopping a driver they suspect is driving under the influence of DUI. There is no mystery about what piques their interest. Indeed, officers may ask a battery of questions, and you may be afraid of answering them. But knowing what to expect can reduce your anxiety, and possibly lead to you not being arrested. No, we’re not saying that the information in this post will get you out of trouble, but it is helpful information that can come in handy if you are stopped. 

Mayor announces resignation after crash injures cheerleaders

The mayor of a California city is stepping down amid allegations that he was drunk at the time of a car accident that left four teenage girls injured. The mayor was taken into custody based on the determination of officers on the scene that he was impaired. A breath test indicated that his blood alcohol content was .07 percent, less than California's .08 percent legal limit.

What do defense attorneys look for in DUI breath tests?

A standard part of police traffic stops in which drinking and driving is involved is the breath test. Prosecutors like to use the results of the breath test, commonly known as the Breathalyzer, as evidence in a DUI case. It is supposed to be an objective, scientific way to measure how much alcohol was in the defendant’s body while he or she was driving.

What are the possible penalties for a 1st DUI offense?

Even for someone with a clean criminal record, a drinking and driving conviction in California can have serious consequences. For those who are not aware of the penalties the court can impose for a first-time DUI, here is a rundown of the state law.

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