When you have been arrested for suspicion of driving under the influence, it is important to understand that you have not yet been found guilty. You cannot be found guilty unless you enter a plea of guilty, or a jury finds you guilty. In order for a jury to find…
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,…
California Vehicle Code §23152(a) explicitly states that it is unlawful for a person for a person to be under the influence of any alcohol or drug, or the combined influence, to drive a vehicle. Many clients mistakenly believe that because they have had nothing to drink, they cannot be arrested…
It is the officer’s job to gather evidence for a DUI case from the moment a person is stopped on the suspicion of being under the influence. They administer Blood Alcohol screening tests and prepare a report outlining observations that led to the belief of intoxication. The blood or breath…
If you are stopped driving under the influence of drugs or alcohol, you may be charged with a DUI. If convicted, your final sentence will depend on several factors, the specific facts of your case and any arguments presented in your defense. If you are arrested for driving under the…
There is nothing illegal about drinking alcohol. There or is also nothing illegal about drinking alcohol and driving. It is only against the law to drive a motor vehicle with a blood alcohol level (BAC) of .08% or more. The state of California created this law under section 23152 of…
Many of our clients are curious to know if a marijuana conviction would affect their car insurance.sGenerally, a marijuana conviction will only affect your car insurance if you were arrested while driving under the influence. If you are arrested for possession, then it is not likely that your car insurance…
Police officers are always right… wrong! At Hoffman and Associates, our law firm has successfully defended thousands of driving under the influence cases. One of our effective strategies is to attack and challenge the credibility of the officers observations, statements and conclusions being used against our clients. You may be…
Over twenty years ago the legal determination of when a person was found to be drunk in excess of the legal amount was based on impairment. That however, is not the case anymore. Modern DUI law uses an objective amount of Blood Alcohol Level (BAC) to determine when a person…
The officer’s observations in the police reports that he completes after an arrest, are the basis for determining the relative strength or weakness of the state of California’s case against you. In a driving under the influence arrest, the first critical element to evaluate is whether the officers had probable…