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When Do Police Have to Read You Your Rights During a DUI Stop? Insights from Berkemer v. McCarty
As a Los Angeles DUI Attorney, one of the most common questions I get is: Do police have to read me my Miranda rights during a DUI stop? The answer depends on whether you are considered “in custody” at the time the police question you. Miranda prohibits “custodial interrogation”, but whether the person is in custody at the time of questioning depends on the facts of your case. The U.S. Supreme Court case Berkemer v. McCarty (468 U.S. 420) provides crucial guidance on this issue—and it’s a case every driver accused of a DUI in Los Angeles should understand. Los Angeles DUI and Miranda Warnings In Berkemer, an officer stopped a driver for erratic driving, conducted field sobriety tests, and […]
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 […]
Charged with Both DUI and Another Crime? Dismissal of “The Other Crime” Under Diversion
California law provides three court-authorized pathways to seek dismissal of a criminal charge through diversion: However, due to controlling case law, diversion is not permitted for DUI offenses unless the defendant qualifies for military diversion under Penal Code § 1001.80. This means that most DUI charges are categorically ineligible for dismissal through judicial or mental health diversion programs. So what happens when you’re charged with DUI and an additional offense in Los Angeles or elsewhere in California—such as drug possession, or gun possession, and you qualify for diversion on the non-DUI charge? Here, Los Angeles DUI Attorney Alex Andryuschenko explains your legal options and how courts handle these situations, especially when one charge may be eligible for diversion while the […]
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. […]
When Can the Police Tow a Vehicle in California? Know Your Rights
Law enforcement officers in California have several legal authorities under which they can tow a vehicle. Whether it’s for a Los Angeles DUI arrest, a criminal investigation, or other violations, understanding your rights is crucial. In some cases, police can hold an impounded vehicle for up to 30 days. However, if your car has been towed, you have the right to a hearing to request an early release. As an experienced Los Angeles DUI attorney, I have successfully helped clients get their vehicles released early in such situations. Common Reasons Police Tow Vehicles Fighting an Impound & Requesting Early Release If your vehicle has been impounded, you have the right to a post-storage hearing to contest the tow or request […]
Los Angeles DUI – Invalid Prior Based on Constitutional Challange (CVC 41403).
Challenging Prior Convictions in Los Angeles DUI Cases California Vehicle Code section 41403 reads: (a) In any proceedings to have a judgment of conviction of a violation of DUI, or Wet Reckless, which was entered in a separate proceeding, declared invalid on constitutional grounds, the defendant shall state in writing and with specificity wherein the defendant was deprived of the defendant’s constitutional rights, which statement shall be filed with the clerk of the court and a copy served on the court that rendered that judgment and on the prosecuting attorney in the present proceedings at least five court days prior to the hearing thereon. Challenging Prior Convictions in Los Angeles DUI Cases If you’re facing DUI charges in Los Angeles, prior convictions […]
FIELD SOBRIETY TEST IN DUI CASES CALIFORNIA
This article discusses FIELD SOBRIETY TEST IN CALIFORNIA DUI CASES. Click on the links below to go directly to your topic of interest. Field Sobriety Tests (FSTs) Field sobriety tests (FST) are a series of tests that police use to determine if a driver is impaired and can not safely operate a vehicle. Field sobriety tests are tests used by law enforcement to determine if a driver is impaired regardless of the blood alcohol level or when the blood alcohol level is not known. It is important to understand that these tests are very subjective and sometimes can be difficult for a sober person to “pass” (a subjective determination by the officer). In fact, the accuracy of field sobriety tests […]