DUI Laws in California

California “Open container” Laws

October 18, 2016

In almost all U.S. states it is prohibited to drink or carry alcoholic beverages inside a vehicle. There is a number of laws in California which establish norms for drinking alcohol or possessing an alcoholic beverage while operating a vehicle. Please click on the links below to go directly to your topic of interest: Penalties for Possessing an Open Container in a Car in California Open Container in A Parked Car in Los Angeles Legal California Defenses for Open Container They are known as California Open Container Laws and determine the following: A driver or passenger must not drink any spirits while in a car upon a highway, including beer, wine, low-alcoholic beverage, and any other drinks with an alcohol […]

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How DUI Affect Car Insurance

October 6, 2016

This article discusses How DUI Affect Your Insurance.  Click on the links below to go directly to your topic of interest. How Does a DUI Affect Insurance Premium Amount Will a DUI Definitely Lead Up to Increased Insurance Rate How Long Will a DUI Affect the Insurance Cost Is It Necessary to Report About a DUI How Will Insurance Company Find Out About a DUI How to Avoid Possible DUI Insurance Increases Driving under the influence or driving while intoxicated, commonly referred to as DUI and DWI, is one of the major causes of mortality among 15-29 year olds in Europe. In the United States it accounted for 31% of all motor vehicle fatalities in 2014. In California, there are […]

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Vehicle Code 23136: “Zero Tolerance” Law on Minor DUI

September 23, 2016

Vehicle Code 23136 …it is unlawful for a person under the age of 21 years who has a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test, to drive a vehicle… Description of  CVC 23136 A Vehicle Code 23136 accusation is appropriate to anybody below the age of twenty-one who drives with a blood alcohol concentration (BAC) of at least 0.01% is recognized as California’s “zero tolerance” law for underage DUI and can lead to your driver’s license being suspended for one year by the California DMV. California’s zero tolerance law for minor DUI is relevant to alcohol from any source—not only alcoholic drinks. Even medicines consisting of alcohol can make you liable under a VC 23136 violation. […]

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Vehicle Code 23612 (a): Refusing a Chemical Test in California

August 18, 2016

Vehicle Code 23612 (a) A person who drives a motor vehicle is deemed to have given his or her consent to chemical testing of his or her blood or breath for the purpose of determining the alcoholic content of his or her blood, if lawfully arrested for an offense allegedly committed in violation of Section 23140, 23152, or 23153.  THE LAW: California Vehicle Code Section 23612 makes it clear that a person who drives a motor vehicle has to submit to a chemical test of his blood or breath after being lawfully arrested for a DUI. A driver who is arrested for a DUI in Los Angeles can choose either breath test or a blood test, but, when one test is not available, the driver has […]

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Vehicle Code 13353: Penalties for a Chemical test refusal

August 17, 2016

If a police officer pulls you over with a reasonable suspicion that you were driving under the influence, you can be compelled to submit to a chemical test. This procedure aims to measure the amount of alcohol or any other intoxicating substance in your blood. Vehicle Code section 13353 is a punishment section for those who refuse to submit to a chemical test. Any driver, who refuses to give his blood or breath sample for chemical test must know the possible consequences of such decision. California Vehicle Code 13353 VC 13353 (a)  If a person refuses the officer’s request to submit to, or fails to complete, a chemical test or tests pursuant to Section 23612, upon receipt of the officer’s sworn statement that the […]

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Can a DUI affect your immigration status in California?

July 6, 2016

This article discusses HOW a DUI Can affect your immigration status.  Click on the links below to go directly to your topic of interest. IMMIGRATION CONSEQUENCES AFTER A DUI TOURIST VISA B1/B2 AND DUI GREENCARD HOLDERS AND DUI DUI AND ASYLUM DACA AND DUI RECENT CHANGES IN IMMIGRATION LAW CATEGORICAL APPROACH IN DUI CASES   IMMIGRATION CONSEQUENCES AFTER A DUI If you got arrested for a DUI and you are not a US citizen, a DUI can have immigration consequences.  Because there are numerous immigration petitions, relief and statuses available to applicants, DUI will have different consequences depending on your immigration status.  DUI is a California offense, however, a conviction, can be used by federal immigration officials and judges to deny […]

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Unreliability of Horizontal Gaze Nystagmus test during DUI stop

June 22, 2016

This article discusses Unreliability of Horizontal Gaze Nystagmus test during DUI stop.  Click on the links below to go directly to your topic of interest. HGN: HORIZONTAL GAZE NYSTAGMUS NHTSA RESEARCH INTO HGN PROBLEMS WITH NHTSA HGN RESEARCH ADMINISTRATION OF HORIZONTAL GAZE NYSTAGMUS RECENT RESEARCH: HORYZONTAL GAZE NYSTAGMUS HORYZONTAL GAZE NYSTAGMUS STUDY HGN: HORIZONTAL GAZE NYSTAGMUS One of the most common crimes in Los Angeles county is a DUI.  If you are investigated for a DUI, the DUI investigating officer may ask you to submit to a series of filed sobriety tests.  The field sobriety tests are a series of tests that suppose to help an officer to determine if the driver is under the influence of alcohol.  The most […]

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OUT OF STATE DUI PRIORS

May 5, 2016

In this article Los Angeles DUI Defense Lawyer discusses Out Of State DUI Priors.  Click on the links below to go directly to your topic of interest. Attorney DUI Los Angeles Discusses Priorability of a DUI Attorney DUI Los Angeles Explains How A Prior Is Proven Drunk Driving Defense Attorney Explains Out Of State DUI Priors California Case Law On Using Out of State DUI Priors Attorney DUI Los Angeles Discusses Priorability of a DUI A DUI in California is a unique crime because it is priorable.  Priorability means that some older convictions can cause an increase in the level of the offense or in the punishment.  In case of a California DUI, the priorability is up to ten years from one DUI […]

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DMV and Court Consequences For Teen Drunk Driving

March 29, 2016

Teen Drunk Driving is considered a more serious offense then a simple DUI if the blood alcohol level above the .08% concentration.  The courts consider young offenders to be at risk of re-offending and committing multiple DUI later in life.  Researchers also provide other facts about teenagers including the link between teen drunk driving and higher chances of substance abuse later in life.  You can call our office for a free attorney consultation anytime of the day. The courts can prosecute teen drinking and driving several different ways.  If the drunk teen is under 18 years of age, he can only be sited to a juvenile court.  There are multiple juvenile courts in Los Angeles, but some courthouses do not […]

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Restricted License after Los Angeles DUI

March 7, 2016

After a DUI conviction, you might have Restricted License. There are different types of restricted licenses: with some restricted to driver to work and an alcohol education class and others restricted to only drive while having an ignition interlock device (IID) in your car. If you have a restricted license to drive only with an IID, you can drive anywhere, without being in a violation of the law. A restriction on the driver’s license can be imposed after a court conviction or after a DMV hearing.  As terms of a DUI probation, a driver can be ordered to comply with DMV orders. DUI Probation will include driving only with a restricted license for a period of time.  Alternatively, even if there is no […]

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