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DUI for Sleep Driving on Ambien?
If you were arrested for DUI in Los Angeles after taking a sleep medicine like Ambien, you might ask: “Can I be guilty if I didn’t mean to drive?” A man named Terry Mathson asked that same question—and the court had a lot to say about it. Let’s break it down in simple terms. What Happened in People v. Mathson (210 Cal.App.4th 1297) Terry Mathson was arrested after driving his car in a strange and dangerous way. He had taken Ambien, a sleep aid, and said he didn’t remember driving at all. He said that he was “sleep driving,” which means he was asleep while behind the wheel. His DUI defense attorney argued that Matheson didn’t mean to drive and […]
Can a PAS Test Be Used Against You? Understanding Breath Tests in DUI Cases and DMV Hearings
As a Criminal Defense DUI Attorney in Los Angeles, I often get questions about the breath test police ask you to take during a DUI stop—before any arrest is made. This initial test, known as the Preliminary Alcohol Screening (PAS) test, is a key part of the investigation, but it’s not the official chemical test required after arrest. Understanding the distinction between these tests, and how the courts and DMV treat PAS results, can be crucial to defending your rights. Los Angeles DUI Attorney and Los Angeles Criminal Defense Attorney Alex Andryuschenko can help you defend your Los Angeles DUI case. The PAS Test: Voluntary and Refusable—At Least in Court Under California Vehicle Code § 23612(i), if you are over […]
Probable Cause for DUI Arrest – Insights from Los Angeles DUI Attorney
Many people assume that police officers can immediately arrest a driver if they notice any signs of alcohol consumption. However, the reality is that many individuals drive after consuming some alcohol, and the mere smell of alcohol, unusual behavior, or the presence of an open container in the car does not automatically justify an arrest. Los Angeles DUI Attorney strongly believes that these factors alone are insufficient to establish probable cause for a lawful DUI arrest. What Constitutes Probable Cause for a DUI Arrest? Probable cause typically requires a combination of observable factors, such as: The smell of alcohol Slurred speech Poor coordination Other indicators of intoxication The term “probable cause” originates from the Fourth Amendment of the U.S. Constitution. […]
OUT OF STATE DUI PRIOR: EFFECT ON REQUIREMENT TO DO 18 MONTHS DUI CLASS
Here, Los Angeles DUI Attorney an out-of-state prior and if it can be used to impose longer program and license suspension on a driver. When facing DUI charges in Los Angeles, few cases illustrate the DMV’s willingness to use out-of-state priors more than Isaac v. Department of Motor Vehicles (2007) 155 Cal.App.4th 851. This case demonstrates just how aggressively the DMV can treat prior DUI-related incidents—even if they were dismissed in another state and even if that state’s DUI statutes differ significantly from California law. The Facts Behind Isaac v. DMV Why You Need a Los Angeles DUI Attorney Contact a Los Angeles DUI Attorney Today If you or someone you know faces a DUI charge in California and has […]
Helmandollar plea or How to Keep Driver’s License after DUI
Typically, any DUI conviction or an adverse finding by the DMV at an APS hearing will result in a loss of driver’s license. Short of pleading to a reduced charge (a wet reckless or a dry reckless) and getting a set aside at the Admin Per Se hearing, the driver’s license will be lost for a period depending on number of priors. An attorney can negotiate a DUI plea that will result in no loss of license. Under a 1992 decision from the Court of Appeals, a plea to a VC 23152(a) and an explicit finding of not guilty on VC 23152(b) will result in set aside from the DMV and a no-loss of license to the driver. Around 1992, Mark […]