California DMV Administrative Per Se Hearings As previously discussed on this website (here and here), a DUI arrest results in two separate proceedings: The Administrative Per Se Hearing and a criminal court hearing. Even if the criminal case is dismissed, the driver can still find his or her California driver…
HOW LIKELY IS IT THAT I WILL GO TO JAIL IF I AM ARRESTED FOR DUI? Even a first-time DUI carries a potential sentence in California of up to six months in county jail but such a sentence is rarely, if ever, handed down. A driver who is arrested for…
A BETTER WAY TO TREAT DUIs You have probably heard that the so-called “War on Drugs” has been lost. Increasingly law enforcement and the courts are recognizing that punishment does not resolve the offender’s drug addictions. New sentencing schemes are being developed that focus less on punishing the chronic drug…
THE ONE DRINK AN HOUR RULE Have you ever heard of the “One Drink an Hour Rule?” According to this rule, if have only drink per hour, your blood alcohol level (BAC) will remain under the legal DUI limit of .08%. (One drink is roughly defined as 1 1/4 ounce…
california supreme court holds that circumstantial evidence of intoxication may be considered in dui hearings A driver was pulled over in Orange County by the CHP when the officer observed her car swerving erratically. Upon contacting the driver, the officer observed indications that she had been drinking alcohol. The officer…
Drugged Driving, A Growing Threat Drugged driving is a dangerous trend on US highways. According to The National Highway Traffic Safety Administration, there is a significant increase in drivers driving with illegal, prescription and over-the-counter drugs in their system. Part of this may be due to the fact that…
DOUBLE JEOPARDY? DUI ADMINISTRATIVE SANCTIONS AND CRIMINAL PUNISHMENT An arrest for DUI with a blood alcohol level (BAC) over 0.08% triggers two entirely separate proceedings: 1) a DMV administrative per se hearing/determination with possible license suspension and 2) a criminal hearing that also carries a possible license suspension. It can…
BOATING UNDER THE INFLUENCE California offers an abundance of outdoor activities. In the summer, we head out for the ocean, lakes and rivers with boats and jet skis in tow. Sunscreen? Check! Beach towels? Check! Beer in the cooler? Check! Designated boat driver? Ummm…. In California it is just as…
WHAT HAPPENS WHEN A CALIFORNIA DRIVER IS ARRESTED FOR DUI/DWI IN ANOTHER STATE Most states, including California, are members of the Interstate Driver’s License Compact (DLC), which is administered by the U.S. Department of Transportation, National Highway Traffic Safety Administration. The DLC is an agreement between member states to share…
ORANGE COUNTY COURT CLERK BUSTED FOR “FIXING” DUI CASES Many of us are familiar with the blatant corruption in some countries where you just pay off the cop that stopped you and be on your merry way. Well, Orange County apparently has its own version of corruption, a court clerk…