There is still no accepted method for accurately determining a Marijuana DUI
California has commissioned the Center for Medicinal Cannabis Research at UC San Diego to develop a reliable detection method In 2016, two decades after the approval of Proposition 215, California voters approved Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA). As of January 1st, 2018, it is now legal in the state of California for an adult to smoke Marijuana. They may do so without fear of punishment or fines from State authorities. Marijuana remains illegal under Federal law, however, creating some legal uncertainty for California residents and businesses w[...]
DUI Trial Case Study: A New Job Offer on the Line
I am obligated to protect my client's privacy, so I cannot disclose the names of his original attorney or my client. However, I can share the details of the trial. A guilty verdict would have crushed my client's job opportunity in Canada. Initially Hired a Bad Attorney The accused was arrested and hastily hired a different attorney without conducting a proper background check. In retrospect, it would have been better to hire a prosecutor. This attorney convinced the accused to plead guilty to a DUI charge based on a bre[...]
DUI Blood Test: What You Should Know about Chemical Testing
You're headed home from a nice dinner with friends. You had a few drinks but feel perfectly confident to drive. Suddenly, you notice blue lights behind you, and the next thing you know, you're pulled over, asked to step out of your vehicle, and asked whether you prefer taking a DUI breath or blood test. Unfortunately, this situation is all too common today. Officers pull over California drivers routinely if they suspect they are driving under the influence of alcohol or drugs. To be fair, an officer must judge whether a [...]
Price played major role in rejection of AB282 Bill
I can honestly say it is the most rewarding part of my job. I also know that my family and friends are safer than before. The CDLA’s president lobbied before the Senate Public Safety Committee to help defeat an Assembly Bill that would have denied eligibility for Judicial Diversion for DUI offenses. San Diego DUI attorney and CDLA 2021 President Joshua J. Price helped to defeat the bill before it could go up for a vote in the State Senate. Mr. Price was the main opposition witness to testify against the bill befor[...]
Senate Bill would allow troops and vets to avoid conviction on Misdemeanor DUI offenses
This is really good news for vets! Condensed from an article that appeared in the San Diego Union Tribune that was written by Jeanette Steele. A bill in the Legislature would make it easier for U.S. military troops and veterans to avoid conviction on misdemeanor DUI offenses by completing a diversion program designed to help troops with emotional problems. Active-duty service members and vets who had driven under the influence of alcohol, drugs and other substances would receive treatment sooner. Senate Bill 725 gained unanimous support in the Senate. The full Assembly could vote [...]
San Diego Police will Target Marijuana DUIs with a new Swab Test
San Diego police have a new way to confirm the presence of marijuana and other drugs in impaired drivers — a mouth-swab device that is already being used by police departments in more than a dozen states and is expected to become more popular with the legalization of marijuana. It is the first technology of its kind to be used in San Diego County. The two Dräger DrugTest 5000 machines, which cost about $6,000 each, were donated by the San Diego Police Foundation last week. They are expected to debut Friday night at the St. Patrick’s Day DUI checkpoint downtown. The machine, abou[...]
If You Are Stopped by the Police, Will You Know Your Legal Rights?
Notice to officer at roadside stop As required by law, I am herewith tendering my driver's license and proof of insurance. They are in proper order and I have committed no crime or traffic violation. I therefore hereby request that all my documents (including my license) be returned to me and that I be permitted to leave immediately. If you have any doubt about my ability to operate my vehicle, I will be glad to leave my car here and have a cab pick me up. Unless you return these items to me and advise me that I can leave with my license and other documents and in my vehicle, I must assume [...]
Should you proceed to trial or pursue a plea bargain for your DUI case
California has some of the stiffest penalties in the nation for DUI offenses. Because of this, you may be considering a plea bargain with the prosecutor when facing these charges. Before you make a hasty decision though, there are a number of different things that you should consider. In order to help you make the best decision possible for your case – whether or not you should accept the bargain or go to trail – I thought that I would discuss what you should be thinking about.What to Consider if You’re Leaning Toward a Plea BargainMake no mistake, a trail for a DUI case – as with any [...]
Understanding Blood Alcohol Concentration and Its Effects
Blood Alcohol Concentration, or BAC, is one of those terms that are bandied about a lot but that few people fully understand. So, what follows is only a general overview of what the different BAC levels mean. By examining this BAC breakdown, you will hopefully come to a better understanding of what different BAC levels mean, and why the authorities take them so seriously. The Different BAC Levels and Their Effects It’s important to remember that like any other drug, alcohol affects different people in different ways. Therefore, you may not experience the same effects at the various[...]
California’s DUI Laws and Vehicular Manslaughter
The primary reason that California continues to strengthen its DUI laws is due to the deaths that are associated with drunk driving incidents. These events are as tragic as they come, and it’s easy to understand why the state has such a vested interest in limiting them. The punishments involved with such cases are quite severe, and they merit attention. Let’s take a look. Understanding Vehicular Manslaughter While Intoxicated California makes a distinction between two levels of vehicular manslaughter. This distinction is based upon the level of negligence that is shown by the[...]
Results of a Second DUI Conviction in California
Like every other state in the nation, California takes the crime of driving under the influence extremely seriously. This has come to be reflected in the harshness of California’s DUI laws, which essentially throw the book at anyone who picks up a second conviction.The Evidence That Will Be Gathered Against YouIn order to establish that someone has been driving under the influence, California law enforcement officers will rely upon a number of things. The first piece of evidence gathered will be the officer’s initial impression of a driver’s state, including the way that driver was drivi[...]
Prescription Drugs and California’s DUI Laws: What You Should Know
When it comes to DUIs, most people think of alcohol. Many do not realize, however, that prescription drugs can lead and have led to DUI arrests in the state. There is actually a separate term that covers these cases, which is DUID, a term that stands for Driving Under the Influence of Drugs. This term applies to cases where a driver is judged to be operating a motor vehicle while under the influence of marijuana, illicit drugs, or prescription medication. Unlike a traditional DUI case, the science surrounding DUID cases is somewhat soft, especially when it comes to prescription drugs. As yo[...]
Remember that California Is an Implied Consent State
If you’re new to California, then it will be helpful to know that the state is an implied consent state. What this means is that you are required to submit to a chemical test if you are suspected of driving under the influence. When you signed up for your California driver’s license – which you’re required to have if you’ve been living in the state for a period – you agreed to submit to such testing. The reason that you need to understand this is simple. If you are pulled over under suspicion of driving under the influence, and you refuse to submit to a chem[...]
Underage DUI Charges in California: What You Need to Know
California’s DUI laws are some of the strictest in the country, and this is especially the case with DUI laws that pertain to underage drivers. Any underage driver that’s caught driving under the influence can expect to incur severe penalties. In order for California’s underage drivers to understand how serious a DUI charge could be for them, I thought I’d take the time to review some of these laws. California is a Zero Tolerance State Like many other states in the country, California has exactly zero tolerance when it comes to underage drivers driving under the i[...]
Do I Really Need an Attorney If It’s My First DUI?
You go out to dinner with friends, and have a beer with dinner. After enjoying your evening out and catching up, you get in the car and head home. Somewhere along the way, you notice blue lights in the rearview mirror. The officer charges you with DUI and you’re arrested – it’s frightening, stressful and all too common. California’s tolerance for driving under the influence is at an all-time low, and rightly so. However, many people who aren’t drunk end up being caught in the crossfire. If this is your first DUI, you might be wondering if there’s any point i[...]
Child Endangerment as it Relates to California DUI Laws
As you probably well know, the state of California takes driving under the influence very seriously. One way that California’s DUI laws have been hardened is by adding additional penalties that are associated with child endangerment. Specifically, these laws refer to DUI cases where the driver that has been arrested is found to have a child 14 years old or younger in the automobile with him or her at the time of arrest. In order for you to understand how severe the penalties for this can be, we thought we’d explore them. How the Child Endangerment Enhancement Works If you are[...]
Can I Get Busted for a DUI Because of Marijuana?
Given how permissive the state of California has become with respect to marijuana, there are many California drivers who make the mistake of believing that they can get away with driving while they’re high. This is simply not the case. Just the same as with alcohol, the authorities in the state take incidents of drivers operating their vehicles under the influence of marijuana very seriously, and you can be arrested. While the DUI laws concerning driving while under the influence of alcohol are just the same as driving under the influence of marijuana, the process by which you might b[...]
California and the 10-Year Look Back Period
As in every other state in the country, California increases the penalties that a DUI offender faces if he or she has prior DUI convictions. This is all part of the state’s interest in cracking down on and reducing the number of drunk driving incidents that happen in the state each and every year. If you’re facing a current DUI charge that follows subsequent convictions, then you will necessarily want to understand how California takes those previous convictions into account when prosecuting your case. The 10-Year Look Back Period California does not consider all previous DUI[...]
What You Need to Do Following a DUI Arrest
Being arrested for a DUI is one of the most stressful situations that a person can endure. Given the level of stress involved, many California drivers will sometimes do things that are not in their best interests. Therefore, we thought it would be useful to share some tips about what you should do following a DUI arrest. If you follow these tips, you have the best chance of achieving the best possible outcome in your DUI case. What to Do at the Station When the officers tell you that anything you say or do can be used against you, they mean it. So, make sure that you keep control of your[...]
What Happens After an Arrest for DUI in California?
A DUI arrest is a stressful experience no matter how it happens. Whether you were pulled over on suspicion of DUI, the officer pulled you over because of a problem with your vehicle and then realized you were intoxicated, or you were involved in an accident or stopped at a checkpoint, the result is the same. The officer places you under arrest. What happens next? The Testing Procedure The first thing that will happen is you’ll be transported to either the jail or to a hospital where you’ll be required to undergo testing to determine if you were actually driving under the infl[...]
Third DUI Offense – What Drivers Need to Know
If you have been convicted of DUI in the past, you might think that you know what’s in store for you with your third charge. Actually, you need to prepare yourself. A third DUI in the state of California carries stiffer penalties than a first or second offense. There are also other factors that can play a role. As always, the best defense is to avoid getting behind the wheel if you’ve had a drink. However, if you are arrested and charged with a third DUI, you’ll need to know the following.Losing Your LicenseAll DUIs come with some duration of license suspension. A third DUI carries an au[...]
What Are the Differences between a Misdemeanor DUI and Felony DUI?
DUI is a crime, even if no one was hurt. If you’re found guilty of driving under the influence, you face repercussions. However, the severity of your infraction will determine exactly what happens in your case. There are two types of DUIs in California: misdemeanor DUIs and felony DUIs. Most of the time, DUIs are misdemeanor crimes. However, felony charges do happen. What’s the difference, and which will you be charged with? It Depends on Your Situation The difference between being charged with misdemeanor DUI and felony DUI in California is largely based on the specifics of [...]
What occurs if I decline to undergo the Breathalyzer test?
The primary means to determine whether a driver is drunk while behind the wheel is the Breathalyzer test. It has been the subject of a lot of controversy, but it remains an important tool for police officers. Should you refuse to take the breath test on the side of the road? You’re within your rights to refuse, but there are some very good reasons to go ahead and comply with the officer’s instructions.You May Refuse the PAS TestFirst and most importantly, refusing to take the breath test doesn’t mean that you won’t go to jail. If the officer suspects that you’ve been drinking and dri[...]
What Should I Do at a Sobriety Checkpoint?
Sobriety checkpoints (or roadblocks) have become common tools used by police forces all around the country, not just in California. At the best of times, they’re an annoyance. They can also be significantly problematic, even if you have had nothing to drink. Knowing what to do when you are approaching these checkpoints, how to act toward the officers, and what your rights are will help you make it through. Know When and Where Understand that under federal law, all sobriety checkpoints must be publicized before they occur. Many California residents don’t know this, and that kn[...]
DUI Probation Violation – What Happens?
I wrote a newer post on this topic that includes information about possible defenses for a DUI probation. Please have a look and contact me if you have any questions.With the help of an attorney, there’s an excellent chance that you’ll have your DUI charges dismissed or get out of court with only probation. However, if you’re on probation, you must abide by the court’s rules, or else you violate the terms of your probation. This violation opens you up to a wide range of damaging repercussions. What constitutes a violation of probation, and what might happen if you do violate those term[...]
What Happens if I Refuse to Take Field Sobriety Tests?
Police officers have a wide range of tests at their disposal to help determine if a driver has had too much to drink. However, the problem with these tests is that they’re largely inaccurate, with some barely going above 60% accuracy. That leaves a lot of room for error. Even drivers who have had nothing to drink at all can fail these tests, leading to an arrest for DUI. Of course, blood and urine testing will eventually exonerate innocent drivers, but that doesn’t make up for the time lost or the stigma of being arrested. Should you refuse to take field sobriety tests? What happen[...]
6 Things That Can Damage Your Case if You are Stopped for DUI
Being pulled over for suspected drunk driving is stressful and frightening. That surge of adrenaline alone can make people do things they shouldn’t do. If there is any alcohol in your system, that can further degrade the situation by making you more likely to do things that could damage your case. If you’re pulled over, you need to be respectful, calm and compliant. Taking any of the following actions could seriously damage your case beyond the help of even the most experienced DUI attorney. Refusing the Breath Test Chances are good that one of the roadside sobriety tests an [...]
Should an Out of State Driver Hire a California DUI Attorney
California sees an immense influx of out-of-state visitors every year. They come for tourism. They come for business. They come for any number of different reasons. While those visitors are here, they eat and drink. There is always the chance that having a little too much to drink before getting behind the wheel will result in a DUI. As an out-of-state driver, getting a DUI in California can be even more stressful and frightening than getting one in your home state. What do you need to know? Do you need to hire a California attorney? What will the process look like? Will you lose your licen[...]
Do I Really Need An Attorney If It's My First DUI?
You go out to dinner with friends and have a beer with dinner. After enjoying your evening out and catching up, you get in the car and head home. Somewhere along the way, you notice blue lights in the rear-view mirror. The officer charges you with DUI, and you’re arrested. It’s frightening, stressful, and all too common. California’s tolerance for driving under the influence is at an all-time low, and rightly so. However, many people who aren’t drunk end up being caught in the crossfire. If this is your first DUI, you might be wondering if there’s any point in [...]
A Look at California Field Sobriety Tests – What Drivers Should Know
It is a police officer’s job to enforce the laws against driving under the influence. However, it can be very difficult to tell if someone has had too much to drink. The presence of alcohol on the breath is an obvious sign, but it tells the officer nothing about how many drinks the driver has had or how a drink might be affecting the driver’s abilities. To help determine whether or not someone is impaired, a number of field sobriety tests (FSTs) have been developed. If you’re pulled over on suspicion of DUI, you might be asked to perform any number of these tests. The Thre[...]
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