When you are arrested on suspicion of driving under the influence in the state of California, chances are you will be arrested and taken into custody. In addition, you will be charged under the California Vehicle Code §§ 23152 and 23153. You will also be given a court date on…
A driver must have committed a traffic violation or otherwise for an officer to pull the person over. In order for an officer to request the driver to submit to an alcohol screening test, they must have reasonable suspicion. For example, if a driver is following all traffic safety laws,…
When you have been pulled over on suspicion of driving under the influence of alcohol, the officer must have reasonable suspicion before he requests that you complete any field sobriety tests or blood alcohol tests. This reasonable suspicion can arise from admissions of the driver. For example, if the officer…
Each and every person in the United States has constitutional rights that cannot be taken away from them without due process. One of the most important rights is the Fourth Amendment right to be free from unreasonable search and seizure. Unreasonable search and seizure means that evidence for any kind…
Many of our clients mistakenly believe that a DUI charge is based on their admission of having been drinking. Although their admissions contribute to a huge part of prosecution, a person may still be charged with a DUI, even when they have chosen to remain silent. When an officer first…
When you have been charged with the suspicion of driving under the influence of alcohol and/or drugs under California Vehicle Code §23152 or §23153, you will be given a Court date to appear before a Criminal Judge in Criminal Court. It is also very important that you call the DMV…
When you have been arrested on the suspicion of driving under the influence, you are only being charged with the potential of having committed an offense. This does not mean you are convicted. Before you can be convicted, the government must prove that you are guilty beyond a reasonable doubt,…
Many of our clients assume that when a person is stopped on suspicion for driving under the influence, that it is under the influence of alcohol. In reality, a DUI is charged under California Vehicle Code §23152, and 23153. The statute reads ” (a) It is unlawful for any person…
When you have been arrested for suspicion of Driving Under the Influence, you have only been charged. In order to convicted, and therefore sentenced, it first has to be proven beyond a reasonable doubt that you meet all the elements required to be found guilty of a DUI. If you…
When a person has been stopped on suspicion of driving under the influence, they must appear before a Judge in criminal court. At this point the person has not been found guilty, and are therefore not convicted of a DUI. In order for a person to be convicted and sentenced…