Whether you think this is a good thing or another step towards a “Big Brother” future, there is an effort to make drunk driving detection a standard feature in all new cars. New technologies allow impaired driving detection through sensors that can monitor the driver’s eye movement as well as…
Articles Posted in DUI
CAN THE POLICE SEARCH YOUR VEHICLE AFTER YOU HAVE BEEN ARRESTED FOR A DUI?
If you have been arrested for a DUI in California, you may be wondering if the police can search your vehicle. The answer is not always straightforward. In general, the police can only search your vehicle if they have probable cause to believe that the search will yield evidence of…
What Happens When You Violate Court Ordered Terms of Probation Following a DUI Conviction?
If you are convicted on a DUI (driving under the influence of alcohol or drugs) violation in California, you will be required to attend DUI classes as part of your sentence. The court may also order additional terms of your DUI probation such as attending AA meetings or community service.…
HOW EFFECTIVE ARE IGNITION INTERLOCK DEVICES?
For over four years now in California, ignition interlock installations are required after an arrest for driving under the influence of alcohol (even for first-time offenses) if the driver wants to avoid a temporary suspension of his or her license to drive and mandatory for almost all D.U.I. convictions. The…
WHEN A FIRST-TIME DUI MAY BE CHARGED AS AFELONY
In California, a first-time driving under the influence (DUI) is a misdemeanor offense. However, there are a few exceptions where even a first time DUI may be charged as a felony. Under Vehicle Code section 23550.5, subdivision (b) a conviction for a first time DUI within a ten-year period can…
Did You Make a New Year’s Resolution to Quit Drinking?
A DUI arrest may surprise the casual drinker. That happened to my client Linda. She is not a big drinker but several years ago she had two glasses of wine while out to dinner. She drank those glasses over the hour-long dinner and thought she was fine to drive. She…
DRIVING UNDER THE INFLUENCE OF MARIJUANA
Is driving while high on marijuana as dangerous as driving under the influence of alcohol? Obviously, how much alcohol or marijuana matters. A driver who has a .19 blood alcohol content (BAC) is almost certainly going to be a more dangerous driver than someone who took two hits of marijuana.…
FEDERAL LAW MAY SOON REQUIRE DRUNK AND IMPAIRED DRIVING TECHNOLOGY ON NEW PASSENGER VEHICLES.
On New Year’s Day 2021 in Central California, a driver with twice the legal limit of 0.08% blood alcohol concentration (BAC) in his system was speeding at approximately 90 mph on a two-lane roadway. He lost control of his vehicle and crossed over the centerline causing a head-on collision with…
IMPLIED MALICE A NECESSARY ELEMENT TO CONVICT ON SECOND DEGREE VEHICULAR MURDER
In 2018, 19-year-old Davion Murphy, driving through residential Lancaster, California at a speed of 88 miles per hour, with a posted speed limit was 40 mph, ran a red light colliding with another vehicle. The collision caused the death of all three occupants in the vehicle Mr. Murphy’s vehicle hit.…
THE UNEXPECTED DUI
The news of the DUI arrest of Paul Pelosi, Nancy Pelosi’s husband, has been splashed all over the news this week. Mr. Pelosi was arrested for driving under the influence of alcohol after his Porsche was hit by another vehicle. Fortunately, the collision was minor, and no one was hurt…