CALIFORNIA NOT THE STRICTEST STATE ON DRIVERS UNDER THE INFLUENCE WalletHub recently tallied up the states from the strictest to the most lenient on DUIs. You may be surprised to learn that according to WalletHub’s methodology, California was among the most lenient on DUIs. WalletHub identified 15 key metrics and…
Orange County DUI Lawyer Blog
DUI Manslaughter Laws In California
OCEANSIDE WOMAN DRIVING DRUNK HITS MAN AND CONTINUES TO DRIVE WITH THE DEAD MAN IN HER FRONT PASSENGER SEAT A recent and particularly gruesome DUI incident in Oceanside made news around the world. In the early morning of June 27, a 29-year-old woman who was driving under the influence veered…
DRIVING UNDER THE INFLUENCE IN ANOTHER COUNTRY
It’s summer travel season and maybe you are planning a trip to another country. Don’t let your R&R be ruined by a driving under the influence arrest. You may not be aware of this but most countries have harsher DUI laws than those in the United States. Now, how strictly…
DUI And The SCRAM Device In California
CONTINUOUS MONITORING OF ALCOHOL LEVELS—THE SCRAM DEVICE Most people in California are aware that there is a device that may be ordered installed in person’s vehicle upon conviction of driving under the influence of alcohol. This device, called an Ignition Interlock device or IID is a mechanism that prevents a…
Is A Warrant Required For A DUI Blood Test?
SUPREME COURT RULES THAT DUI BLOOD TEST REQUIRES A WARRANT On June 23, 2016, the United States Supreme Court issued a decision in the case Birchfield v. North Dakota, which will affect California’s “implied consent” DUI laws. The Court held that the Fourth Amendment to the United States Constitution permits…
PREGNANT WOMAN DRIVING WITH A .32% BAC MAY BE CHARGED WITH MURDER
Last month 23-year-old Clovis, California resident, Candice Ooley, eight months pregnant and driving with a blood alcohol level four times the legal limit (0.32%), caused an accident that ended in the death of a passenger in the vehicle she hit and serious injuries to other occupants of the vehicle.…
CAN I GET A DUI IF I AM DRIVING ON PRIVATE PROPERTY?
Here’s a DUI arrest scenario I occasionally encounter in my practice: A client is arrested for driving under the influence in a private parking lot, for example, or on a street in a gated community, or even in the client’s own driveway and wants to fight the DUI arrest…
CHALLENGING THE DMV’S DECISION TO SUSPEND YOUR LICENSE: THE WRIT OF MANDATE
It is simply a fact that many, if not most, drivers lose at their Administrative Per Se (APS) Hearing. The APS hearing is an administrative hearing and unlike criminal hearings, the driver is not afforded the same due process rights a guaranteed by the Constitution in criminal trials. The…
Driving Under The Influence Of Alcohol Or Drugs And The Effects They Have On Your Brain
HOW ALCOHOL AND OTHER DRUGS AFFECT YOUR BRAIN Everyone knows that when a person is under the influence of certain drugs, their driving may become impaired, but not everyone knows why. Let’s start with the most common drug: alcohol. Alcohol is a depressant. Depressants cause the central nervous system to…
Is Driving Under The Influence Of Over The Counter Medication DUI?
DRIVING UNDER THE INFLUENCE OF ….. BENADRYL? When using this product: marked drowsiness may occur be careful when driving a motor vehicle or operating machinery Those are some of the warnings on an over-the-counter box of Benadryl. What most California drivers do not know is that it is possible to…