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 [...]

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[...]

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 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[...]

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[...]

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 [...]

Consequences of a First-Time DUI in San Diego

Being convicted of driving under the influence (DUI) is a serious offense with considerable legal and personal consequences. First-time offenders may face severe penalties. These can include fines, mandatory educational programs, probation, department of public work service, interlock ignition device installation, alcohol monitoring devices, self-help meetings, two points on your driving record, and suspension of driving privileges.This article will explain the legal consequences of a first-time DUI conviction in San Diego, California. The laws and penalties discussed will be those in effect a[...]