DUI Laws in California

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 be used to increase the punishment for newer conviction.  In case of a California DUI, the priorability of DUI is ten years from one DUI arrest to another 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 Los Angeles DUI attorney consultation anytime. The courts can prosecute teen drinking and driving several different ways.  If the teenanger is under 18 years of age, he can only be cited to a juvenile court.  There are multiple juvenile courts in Los Angeles, but some courthouses do not have […]

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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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Nystagmus as part of DUI investigation, Los Angeles

February 24, 2016

Nystagmus is an investigation tool used by law enforcement to determine if a person is under the influence of alcohol. After a DUI stop, a police officer, if he suspects that the driver is under the influence of alcohol, can ask the driver to step out of the vehicle and submit to several field sobriety tests. Field sobriety test is a voluntary test and you can and should refuse to submit it. If you agreed to the tests, the prosecutor will likely use them to show that you were impaired. The tests are highly subjective and can cause a person to be arrested even when he is innocent of the DUI. The most common field sobriety tests are a visual check for nystagmus, […]

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Fighting BAC Results in California DUI Cases

February 23, 2016

In this article, DUI Defense Lawyer discusses how to fight BAC Results in California DUI Cases.  Click on the links below to go directly to your topic of interest. The Importance of a BAC Results in Los Angeles DUI Cases BAC level lower then .08% in DUI cases High Blood Alcohol Cases in California DUI cases The Importance of BAC Results in Los Angeles DUI Cases       A Los Angeles DUI prosecutors will look at several factors to decides how to punish a DUI driver. First, the prosecutor will see if the DUI driver caused an accident.  Presence of an accident will make any DUI much more serious in the eyes of the court. Second, the prosecutor will see how many prior […]

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Breath test science:how California courts ignore it

February 15, 2016

California Supreme Court recently eliminated several important breath test defenses for DUI cases that drunk driving attorneys in Los Angeles used to successfully defend DUI cases in the Superior Court. PARTITION RATIOS AND VANGELDER (58 Cal 4th 1) According to 2013 Supreme Court of California’s decision in People v. Vangelder, partitian ratios cannot be argued to a jury.  Before this case, Los Angeles DUI defense attorneys would ofent argue that breathsample  results is not the same as breathsample results because the ration of alcohol in blood could be very different from ration of acohol in breath.  In that case, Terry Vangelder, was prosecuted for a DUI.  After he was pulled over for speeding, his breath test showed thowed a .08 percent […]

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Driving on a Suspended License in California

January 20, 2016

In this article Los Angeles DUI Defense Lawyer discusses Driving on a Suspended License.  Click on the links below to go directly to your topic of interest. LOS ANGELES DUI ATTORNEY EXPLAINS SUSPENDED LICENSE LAW ATTORNEY EXPLAINS TYPES OF LICENSE SUSPENSION DRIVING ON A SUSPENDED LICENSE ALSO CARRIES POINTS WITH THE DMV COURT PROCESS FOR SUSPENDED LICENSE SUSPENDED LICENSE. Example 1 SUSPENDED LICENSE. Example 2 SUSPENDED LICENSE. Example 3 LOS ANGELES DUI ATTORNEY EXPLAINS SUSPENDED LICENSE LAW California Laws covering driving on a Suspended License can be found in California Vehicle Code sections 14601-14601.5.  The decision to charge one code section over another primarily deals with the type of suspension or revocation.  For instance, if the driver’s license suspension is based on a conviction for drunk […]

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Alcohol Education Program after DUI

December 30, 2015

There are 6 different Alcohol Education programs in California that can either be ordered as a condition of probation with a DUI conviction or can be required to be completed as a term of probation for various other, usually driving or alcohol-related convictions. After a Driving under the influence conviction, the DMV will often require completion of the AB 541 or SB 38 program prior to re-issuance of the driver’s license. Additionally, if your license is suspended after an APS hearing (and you don’t want to wait out a suspension), you can get a restricted license but enrollment into a “driving under the influence” program is required prior to getting a restricted license. Here, I summarized and listed the programs […]

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DUI ARRAIGNMENT

December 25, 2015

THE LAW:  An arraignment is the first part of a DUI prosecution in Los Angeles Superior Court.  During DUI arraignment, you can enter a guilty or not guilty plea, and, if you enter a “not guilty” plea, the court will continue your DUI case.  The continuance after a DUI arraignment is determined by law so that you can have a trial 45 days from the arraignment.  If you are in custody at the time of the arraignment, you can have a trial 30 days from the arraignment.  Sometimes the judge can ask you to “waive time”, which means, that the trial will be longer then 30 or 45 days from the arraignment.  You will have to agree to “waive time” […]

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California Vehicle Code 21658

December 13, 2015

California Vehicle Code 21658 is a very common reason for a person to get pulled over by the Los Angeles Police or the California Highway Patrol.  When the police pull you over, and the driver smells of alcohol, the police will usually start a Los Angeles DUI investigation.  A DUI investigation can easily lead to an arrest in Los Angeles and a DUI arrest will typically lead to a prosecution in the Los Angeles Superior Court.  Multiple DUI’s within the past 10 years will cause a much harsher punishment including mandatory jail time. A California Vehicle Code 21658 can be violated when a vehicle straddles the lane, weaves outside of its lane, or even when the vehicle weaves inside its […]

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