DUI Laws in California

CVC 40300.5 – Arrest without a warrant In DUI Cases

January 2, 2017

In this article, Los Angeles DUI Defense Lawyer discusses CVC 40300.5 – Arrest without a warrant In DUI Cases. Click on the links below to go directly to your topic of interest. What is CVC 40300.5? How Does It Work? CVC 40300.5 In addition to the authority to make an arrest without a warrant pursuant to paragraph (1) of subdivision (a) of Section 836 of the Penal Code, a peace officer may, without a warrant, arrest a person when the officer has reasonable cause to believe that the person had been driving while under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug when any of the following exists: (a) The […]

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Thousand Oaks DUI Attorney

December 26, 2016

If you are arrested for a DUI Thousand Oaks attorney can help you! We aggressively litigate DUI cases and are able to find defenses in even the most difficult DUI cases.  Our practice is exclusive to DUI defense and we are able to provide quality representation at affordable price.  Please call (818) 921 7744 for a free consultation anytime.

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Probable Cause for DUI Arrest in California

December 7, 2016

In this article, Los Angeles DUI Defense Lawyer discusses Reasonable Suspicion to Stop a Car and Probable Cause for a DUI Arrest. Click on the links below to go directly to your topic of interest. What is Probable Cause Probable Cause to pull you over Probable Cause for DUI Arrest Difference between probable cause and reasonable suspicion What can I do if I was stopped or arrested for DUI without probable cause? What is Probable Cause Probable cause is initial basis for police contact.  Often, is is based on a believe that a crime has occured.  It needs to exist for a police officer to make a warrantless arrest, a warrantless search, or to confiscate property because it proves that crime […]

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When DUI is Charged as a Murder or “Watson Murder” in California

November 29, 2016

In this article DUI Defense Lawyer discusses When DUI is Charged as a Murder.  Click on the links below to go directly to your topic of interest. What is “Watson Murder” Elements of the “Watson Murder” Penalties for DUI Murder What is “Watson Murder” Driving under the influence, or DUI, is defined as the act or crime of driving while under the influence of alcohol or drugs. If you are under the influence of alcohol, the DUI can be considered drunk driving. In this instance, you are driving a motor vehicle while your blood alcohol content (BAC) is over the legal limit established by the statute. This is allegedly the level at which a person is unable to drive safely. The state of California can […]

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How Will DUI Affects Your 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 an 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 several societal problems that the criminal justice system in California tries to address.  Many DU judges and prosecutors in Los Angeles believe that DUI is the most serious […]

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Winning DMV hearings for CVC 23136: “Zero Tolerance” Winning Minor DUI cases

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 California Vehicle Code section 23136 says it is a crime for anyone below the age of twenty-one to drive with a blood alcohol concentration (BAC) of at 0.01% or above.  This law is recognized as California’s “zero tolerance” law for underage DUI.  If you are accused of CVC 23136, you can have your driver’s license suspended for one year by the California DMV. California’s zero-tolerance law for minor DUI is prosecuted even if the alcohol […]

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Vehicle Code 23612: 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 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 […]

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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 state crime, however, a conviction can be used by federal immigration officials and judges to deny admission, […]

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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: HORIZONTAL GAZE NYSTAGMUS HORIZONTAL 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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