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Vehicle Code 23612: Refusing a Chemical Test in California
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 requires that submission to a chemical test of blood or breath after a lawful arrested for a DUI. If you are arrested for a DUI in Los Angeles, you can choose either a breath test or a blood test, but if one test is not available, you have to submit to the remaining available test. If you are either afflicted […]
Vehicle Code 13353: Penalties for a Chemical test refusal
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. Chemical testing means getting a “breath” or “blood” from you for analysis. The reason the police do that is to measure the amount of alcohol or any other intoxicating substance in your blood. Vehicle Code section 13353 explains the driver’s license consequences for those who refuse to submit to a chemical test after a lawful demand by police. A driver, who refuses to give his blood or breath sample for chemical testing should be aware of the possible consequences of such a decision. California Vehicle Code 13353 VC 13353 (a) If a person refuses […]
A new way to fight cannabis DUI
In California, marijuana is legal to use for medical purposes since 1996. However, medical marijuana legalization has led to growing numbers of marijuana DUI accidents. Over the past 10 years, the amount of fatal crashes involving drivers under influence of marijuana tripled, according to Columbia University’s Mailman School of Public Health report. The trend in the United States is to legalize marijuana for recreational uses. For example, in 2013, marijuana was approved for recreational use in Colorado. Legalizing marijuana in California, will likely not affect prosecution of driving under the influence of marijuana cases. Concerned with possible complete legalization of marijuana, California state officials are looking for a new method in fighting drug-related DUIs. Republican Sen. Bob Hoff of San […]
8 TIPS TO CHOOSE A DUI ATTORNEY
How experienced is your attorney? Experience matters. Everything else being equal, A DUI attorney with more years of experience can be more helpful to your DUI case. With years of experience, a DUI attorney will be able to mount a more successful defense, when compare to someone who started his practice recently. Look for a Local counsel. If you have already decided to go to trial, the attorney’s home office is less important then his trial skills. When trial is the strategy, look for an attorney with a successful trial practice. But, when you are attempting to settle the case, selecting an attorney who is not familiar with the prosecutors, judges and procedure at the court house can backfire. […]
Can self-driving cars prevent DUI?
While problem of car accidents caused by impaired drivers remains, technology offers new solutions to avoid a DUI. One of the most discussed innovations is an «autopilot» feature, added by Tesla Motors to its Model S series cars. It allows vehicles to complete simple driving tasks without any external control, yet to date it can not fully replace drivers. Autopilot is a promising technology that is not yet fully operational. This conclusion was made by Reddit users after a series of video tests of new Tesla service. Users pointed out that autopilot mode won’t drive you home drunk. Moreover, Tesla drivers aren’t freed from the usual responsibility of a driver while the car is self-driving. Elon Musk, CEO and product […]
Measure Your BAC: Temporary Tattoo
Nobody wants to be arrested for a DUI. If consumed alcohol but need to drive without being arrested for a DUI, you can measure your blood alcohol level, not drive, and avoid a DUI in Los Angles. Knowing your blood alcohol level in a roadside situation is not easy. Blood alcohol levels can be measured by analyzing blood, but many people are scared of such an invasive method. Measuring blood alcohol level using a breathalyzer is also not the best way to determine the blood alcohol concentration because the breathalyzers can be very inaccurate. Analyzing body fluids, are also not simple enough to measure BAC (blood alcohol content) in roadside situations. However, a recent device built by the University of […]
Does Uber have an impact on DUI?
It is considered that drunk driving is a main cause of traffic accidents and casualties. DUI affects over 10 000 lives a year, according to the National Highway Traffic Safety Administration (NHTSA). Over a million people per year are arrested for driving while intoxicated. Uber, the largest ride-sharing company claimed that its service helps bringing the number of DUI incidents down. But is it really so? The latest Uber study, brought by researchers at Providence College and Stonehill College, pointed out that ride-sharing services cut DUI down by 62 percent, as well as helped to prevent fatal outcomes. According to company survey, 80 percent of Uber clients thanked the service for helping them avoid drunk driving. San-Francisco Uber branch office’s website claimed that […]
Can a DUI affect your immigration status in California?
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 state crime, however, a conviction can be used by federal immigration officials and judges to deny admission, […]
Unreliability of Horizontal Gaze Nystagmus test during a DUI investigation
This article discusses the Unreliability of the Horizontal Gaze Nystagmus test during a DUI investigation. 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: HORIZONTAL GAZE NYSTAGMUS HORIZONTAL GAZE NYSTAGMUS STUDY HGN: HORIZONTAL GAZE NYSTAGMUS One of the most common arrests in Los Angeles County is a DUI. If you are investigated for a DUI, the DUI investigating officer may ask you to submit to field sobriety tests. The field sobriety tests are a series of tests that are supposed to help an officer during a Los Angeles DUI investigation to determine if the driver is […]
California DUI and Nursing license. The Effect of a DUI conviction
This article discusses The Effect of a California DUI conviction on nurses’ professional license. Click on the links below to go directly to your topic of interest. CALIFORNIA DUI AND NURSING LICENSE THE LAW FOR DUI AND NURSING LICENSE DISCIPLINE COURT INTERPRETATION OF DUI AND NURSES LICENSE CONSEQUENCES CAL BP 490 AND ITS EFFECT AFTER DUI FOR NURSES DUI AND NURSING LICENSE Getting arrested for a DUI can be very frustrating especially when evidence of intoxication is subjective. Often, the prosecution is simply based on the observations of an impairment by a police officer. Trying to do a field sobriety tests when you are being watched by a police officer can often end with a DUI arrest, even when you are […]