IMPAIRED DRIVING A driver can be arrested for driving under the influence even if the driver tests under the legal threshold of 0.08% blood alcohol content (BAC) or even a 0.00% BAC. If the arresting officer has probable causeto believe that the driver’s ability to drive is impairedby any substance—…
If you are, or were, a member of the United States military and suffering from trauma related to your service, you may be eligible for a pre-trial diversion program if you get a DUI. Penal Code section 1001.80 allows a court to suspend prosecution on misdemeanor charges if the defendant…
A couple of years ago I wrote a blog postciting studies that indicate ride sharing apps are responsible for a decrease in drunk driving crashes for drivers under the age of 30 and another blog postabout studies that suggested ride sharing apps have had no impact on the incidence…
Even one DUI has the potential to affect a parent’s right to custody of their child. Whether in Family Law Code child custody adjudications or Welfare and Institutions Code dependency hearings, a DUI can affect how the court will decide on a child custody matter. This is especially true…
We know that sleep walking is a genuine disorder. It is a state of combined sleep and wakefulness leaving the sleepwalker is in an attenuated state of consciousness. Those with the disorder can even perform complex tasks behaviors while sleeping such as moving furniture around, cooking, or cleaning. In…
While most DUI charges conclude with a plea bargain, some DUI defendants chose to put their case before a jury. A trial before a jury of his or her peers is the DUI defendant’s right under the U.S. and California Constitutions. Whether the DUI is charged as a felony…
In the last of my three-part series about Dave’s misadventuresafter an afternoon of beer and barbeque at a friend’s, we come to another possible defense Dave may have following his arrest for DUI and a hit and run. To summarize: Dave ran into his neighbor’s car on his way…
Last week I discuss a hypothetical, but realistic, scenario where our driver, Dave, hit a neighbor’s car on the way home after enjoying an afternoon barbeque with friends. Dave had had a few beers so he worried that if he stopped and reported the accident, he might also end…
Alcohol addiction afflicts many individuals and no doubt, is one of the main factors in many DUIs. But what about marijuana? Is marijuana also addictive? Now that recreational marijuana is legal in California, will we start seeing an increasing number of multiple driving under the influence of marijuana offenders…
Driving under the influence is most commonly associated with younger drivers under the influence of alcohol, but if you are a regular reader of this blog, you know that unlawful DUI includes not only driving under the influence of alcohol but also driving under the influence of drugs, both…