California heroin law prohibits a variety of heroin-related offenses. Two of these that may cause some confusion include California’s law against being under the influence of heroin and driving under the influence of heroin. 1. How does California law define “under the influence of heroin”? According to California law, Health and Safety Code 11550, you …
When you are arrested for a DUI, you choose a breath test or blood test, and these tests are to be administered to you at no cost. However, many California hospitals are sending bills in the neighborhood of $300 to those persons that were arrested for DUI and elected the blood test. 1. Who has to …
The California appellate process is somewhat limited and deals with specific legal issues. You can generally appeal your DUI case provided that it involves one of these “appeal-worthy” issues. It is important to understand the California appellate process to ensure an issue warrants an appeal. 1. When can a person appeal a DUI? Before you …
Because a “no contest” plea under California DUI law is essentially the same as a guilty plea, you may not give much thought to which plea to enter if you are about to be convicted of misdemeanor driving under the influence. But if your DUI involved any other cars, passengers, pedestrians, or property, which plea …
While most California DUI cases resolve before trial, some proceed to a jury trial (as opposed to a court, judge, or “bench” trial). And because DUI trials are among the most common types of California misdemeanor trials, there are definitely some routine practices that you can expect to see. 1. What are some routine practices …
Obviously, suffering a California drunk driving conviction is never a good thing. You face substantial fines, participation in alcohol and/or drug education classes, car insurance repercussions, and, depending on the severity of the offense, sometimes even a county jail or prison sentence. But is there a worry about losing a professional license? 1. How does …
Nevada’s “12 Hour Hold Law” allows police to keep people arrested for DUI in custody until they’re no longer under the influence. If they were drunk, police might wait until their BAL reaches .04 percent. If they were high, police could hold them for twelve hours. 1. What’s Nevada’s Law on DUI? NRS 484C.110 criminalizes …
Suppose the police arrest a person for a California DUI and also have a “reasonable suspicion” that the suspect was engaged in criminal activity. In that case, the police can search the party’s car and its contents. In doing so, they may find illegal weapons. A prosecutor can then charge the person with both DUI …
It depends. Unless there is “pronounced weaving” for a “substantial” distance, witnessed by a “seasoned” officer, the answer will be no. Good news for many California DUI suspects. 1. When can weaving serve as probable cause for a DUI stop? Many officers will pull over suspected drunk drivers because they are weaving within their lanes. …
While everyone knows about the great weight-loss benefits of the Atkins Diet, few people know about the diet’s other big advantage… it’s a possible California DUI defense. 1. How does an Atkins Diet defense work? The Atkins Diet serves as a valid DUI defense since a low-carbohydrate / high-protein Atkins-style diet can fool DUI breath …
Perhaps surprising, people can get arrested for driving under the influence of Listerine, Nyquil, a few sips of a cocktail, or any other liquid or substance that contains alcohol. It’s not that these drivers are necessarily “under the influence,” but it is due to the fact that the substances mentioned are all capable of producing …
Many people incorrectly believe that if you are arrested for a California DUI, and the police don’t read you your “Miranda rights,” your DUI charges will automatically be dismissed. The fact, however, is that absent particular circumstances, Miranda rights are generally not required as a part of a California DUI investigation. 1. What are Miranda …
Nevada DUI laws make a third DUI in seven years a felony, carrying at least a year in state prison. But since 2007, third-time offenders have had the choice to go to DUI Court instead, a rigorous rehab program. In Douglas County, half of the participants have been successful and had their felony DUI convictions …
Much of the negotiations between prosecutors and DUI defense attorneys involve reducing a DUI charge to a wet reckless or a dry reckless. Both of these reduced charges fall under California Vehicle Code 23103, the statute defining reckless driving. 1. What is a “wet reckless” in California? A “wet reckless” is a particular form of …
There is no concrete data available to show whether Califonia DUI schools actually help prevent further DUI offenses. The effectiveness of a program likely depends on individual students and their willingness to change their drinking patterns. 1. What are California DUI schools? California has developed an elaborate series of alcohol education programs for DUI offenders. …
As many court dockets get clogged with the number of DUI cases, especially amidst the COVID-19 pandemic, more of them are getting plea bargained. Typically this means a reduction of the charge to a wet reckless, dry reckless, misdemeanor exhibition of speed, or even a traffic infraction. 1. What is the California crime of DUI? …
In California, DUI and “drunk in public” are misdemeanor crimes designed to protect the suspect and the public from the suspect’s dangerous, substance-induced behavior. Both laws criminalize a suspect’s being intoxicated in specific settings. However, the level of intoxication that must exist for each crime to occur differs significantly. 1. What is the California crime …
The costs associated with a DUI can sometimes grow insurmountable. According to an article posted on InsWeb, an insurance association Website, drunk drivers must be prepared to cough up around $10,828 in total costs for a DUI offense. 1. How will a DUI affect insurance rates? The first noticeable difference after a DUI conviction is …
Open container laws in most jurisdictions make it illegal for a person to have an open container of alcohol in the passenger compartment of a car. DUI laws, on the other hand, make it a crime for a person to either drive under the influence of alcohol or drive with a BAC of .08% or …
Defendants facing criminal charges for driving under the influence of drugs or alcohol can file a suppression motion asking the court to disregard (“suppress“) all the evidence that law enforcement officers may have unlawfully obtained. If the judge grants this motion, then the prosecution may be forced to dismiss the DUI charges for lack of …
A DUI conviction will show up on a criminal background check unless it has been expunged or sealed. This means that employers, landlords, and others may learn about it. The most common type of background check is based on a person’s social security number. This is the type used by most employers and landlords. In theory, …
No Car? Request an IID exemption. If the court ordered you to install an ignition interlock device (IID), but you do not have a car, you can request an exemption. By filing a declaration of non-ownership form, you ask the court to waive the IID requirement. Declarations of non-ownership have strict requirements. If any one of …
Arizona DUI convictions remain on defendants’ criminal records forever. There is no way to seal or expunge them. However, it may be possible to get a conviction for driving under the influence “set aside.” Employers are much more likely to hire people if their criminal records show that a conviction has been set aside. Who …
Maybe. Teachers and prospective teachers may face difficulty in gaining employment or maintaining their educator positions, with a DUI or DWI conviction on their record. The true answer to this question typically depends on the severity of the DUI and the jurisdiction in which the teacher works. With regards to new teachers, they are subject …
The issue regarding the difference between a DMV suspension and a court suspension arises in DUI cases. In these types of matters, a state’s Department of Motor Vehicles (DMV) can initiate the administrative suspension of a driver’s license following a DUI arrest. In addition, a court can order that a motorist’s license be suspended following …
