If you have been arrested on charges of driving under the influence, here are some of the most common mistakes for you to avoid: Not taking the matter seriously. This is a charge that could follow you for years, and the Department of Motor Vehicles will keep it on your driving record for the rest of [...]
Drunk-driving cases are complicated, and you need an attorney who is familiar with criminal law and your Constitutional rights. Mr. Wallin will first review whether the police had a right to stop you under the Fourth Amendment to the U.S. Constitution, and under California Law. He will next determine whether the police had probable cause [...]
The police have to read you your Miranda rights before they question you in custody. If the police didn't read you your Miranda rights before questioning you, the evidence they obtained from your statements, and the statements themselves, might be excluded at trial through a motion to suppress evidence.
There are many defenses available in a drunk-driving case. Some of the common ones include:
A commercial driver driving a commercial vehicle is held to a .04% BAC instead of the normal .08% BAC requirement. The Department of Motor Vehicles will suspend your commercial license for one year without eligibility for a restricted commercial license but you may apply for a Class C restricted license after 30 days of hard [...]
Upon conviction of DUI, the court will send an abstract to the Department of Motor Vehicles to suspend your license. This is an action separate of any suspension that may have been imposed through an Administrative Per Se hearing based solely off of the arrest.
As always, every punishment depends on the crime. Generally, for a first time DUI offense with a blood alcohol level below .20%, the maximum penalty includes: Summary Probation for three to five years (unsupervised by the Court), Six months in county jail, Six months suspended license, Fines of up to $1,000, plus penalties of up [...]
Drunk driving may be charged as a felony or a misdemeanor, but most DUIs are misdemeanors. If you have been convicted of four or more DUIs, you can be charged with a felony if the District Attorney so chooses, as well as if you are accused of causing injury while driving under the influence. Remember, [...]
DUI is charged under the California Vehicle Code, sections 23152(a) and (b), which state respectively: "It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage or drug, to drive a vehicle." -and- "It is unlawful for any person who has [...]