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California DUI defense lawyerDriving under the influence is dangerous, and it can be deadly if the right conditions are present; that is why California takes DUI charges so seriously. If you are convicted of a DUI charge in California, you will be required to attend a DUI program as a part of your sentencing. These programs are designed to reduce the number of repeat DUI offenders and give people the opportunity to get help for drug or alcohol problems.

If you are ordered to attend a DUI program, it must meet state requirements and be licensed by the state of California. Currently, there are around 500 licensed state programs that you can choose from, with costs ranging from a couple hundred to a couple thousand dollars, depending on which type of program you are required to complete. It is important to note that licensed programs are only conducted in person - no online programs will qualify.

Wet Reckless Programs

If you are convicted of a “wet reckless” you were convicted of reckless driving and law officials were able to detect an amount of alcohol in your system. If this was your first wet reckless offense, you will be ordered to attend a 12-hour DUI program, which takes place across six weeks.

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Santa Clara DUI defense lawyerWhen people drive when they are under the influence of drugs or alcohol, their senses are inhibited and they can cause a lot of damage to others. Driving under the influence is always dangerous, which is why it carries such harsh penalties in the state of California. When great bodily injury or death results from someone who is driving under the influence, the charges are increased and become more severe.

Man is Sentenced to Prison for DUI Deaths

A Livermore, CA man was sentenced to 30 years to life last week for the deaths of a mother and her daughter in November 2015. The 39-year-old man was convicted on two counts of second-degree murder after he lost control of his car while he was driving under the influence of alcohol. The man lost control of his car and crashed into an apartment building in Livermore, killing a 46-year-old woman and her 14-month-old baby.

Man Also Charged With DUI for Injury of Children

The death of the mother and her daughter were not the only victims in this DUI case. A 6-year-old and a 7-year-old boy were also struck by flying debris from the crash and were taken to the hospital for treatment. In addition to the second-degree murder charges, the man was also charged with a felony DUI charge for injuring the 7-year-old boy.

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California DUI defense attorneyBeing pulled over by a police officer can be scary in any situation, but it can be especially scary if you are being pulled over for suspicion of DUI. When you are pulled over because an officer suspects that you have been driving under the influence, you will more-than-likely be asked to step out of your vehicle to partake in various field sobriety tests. Field sobriety tests are used to determine whether or not a person’s ability to drive has been compromised because of alcohol, or whether or not there is enough evidence to perform an arrest. If you are arrested for DUI, you will be asked to submit to a chemical test to determine your blood alcohol concentration or the amount of a specific drug in your system. If you refuse a chemical test, you could be subject to serious penalties.

Implied Consent Law

In the state of California, any person who drives a vehicle is deemed to have given their consent for chemical testing of their blood, breath or, when applicable, urine to determine the amount of alcohol in their system. This implied consent law can be found in California’s vehicle code, VEH 23612. The law also states that a police officer needs to have reasonable cause to order a chemical test, which is what field sobriety tests are used for. You get to choose if you would like to have your blood or breath tested and must be advised of that right. If either of those tests cannot be performed, or you state that they cannot be performed, you must submit to a urine test.

Consequences for Refusing a Chemical Test

Laws for refusing to submit to a chemical test are much more strict for repeat offenders than they are for first-time offenders. Refusing to submit results in a fine, a mandatory prison sentence if you are convicted of driving under the influence and an administrative suspension of your driver’s license for one year. If this is your second time refusing to submit to chemical testing, you will be subject to a fine, mandatory prison time if you are convicted and a two-year administrative suspension.

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San Jose marijuana drug crimes defense attorneySince marijuana was legalized for recreational use in California in 2016, the legal marijuana industry has been booming. The California Department of Tax and Fee Administration reported that tax revenue from the cannabis industry totaled $74.2 million in the second quarter of 2018. While recreational marijuana is legal statewide, nearly 85 percent of cities and counties in the state have made it illegal to sell marijuana. To combat this, the state is considering allowing licensed marijuana businesses to deliver marijuana in communities that do not allow pot sales. California police are against the idea, however, stating that it is a cause for concern.

Police Say Marijuana Deliveries Will Increase Crime

Though many people say there is no link between the legalization of marijuana and an increase in crime, California police worry that allowing marijuana businesses to deliver pot to residential communities would allow for more opportunities for crime to happen. The president of the California Police Chiefs Association stated that robberies were only one of the concerns, but that deliveries could also lead to crimes such as aggravated assault and homicide.

Police Are Not the Only Ones Opposed to Marijuana Deliveries

The League of California Cities represents the state’s 428 municipalities and joined the California Police Chiefs Association to try to prevent marijuana deliveries from happening. Currently, the Bureau of Cannabis Control has interpreted Proposition 64 to allow marijuana deliveries. While the law states that local governments can ban non-medical marijuana businesses, it also states that “a local jurisdiction shall not prevent delivery of cannabis or cannabis products on public roads,” as long as the deliverer is a state-licensed business.

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San Francisco DUI defense lawyerThough the United States is one country, there are 50 states that make up the country - and each can make their own laws. Because of this, many DUI laws differ from state to state, and that can cause confusion over what kinds of penalties will be given for a DUI conviction. Whether you are a new resident to California, a new driver on the road, or just are not clear on what the laws are surrounding DUI license suspensions in California, everyone can use a refresher on current laws and punishments for driving under the influence.

Can I Still Drive While DUI Charges Are Pending?

Yes, but only if you request a DMV hearing within 10 days after your arrest. If you do so, you will be able to retain your driving privileges until your case has been resolved.

In California, the state has put into place what is called an “admin per se” license suspension, which is carried out by the California Department of Motor Vehicles (DMV) and is an action that is independent of any criminal DUI charges you may be facing in court. If you were pulled over for a DUI and the officer asked you to complete a chemical test, you face an admin per se license suspension if:

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conviction expungement, San Francisco marijuana crime expungement attorney, marijuana-related crimes, decriminalization process, marijuana decriminalizedAs of June 2018, 30 states and the District of Columbia have legalized medical marijuana. Additionally, nine states, plus D.C., have legalized recreational use.

While the legalization of marijuana is becoming more widespread, it leaves states with the task of determining how to deal with criminals who were charged with marijuana-related crimes in the past.

A proposed bill, recently passed in the California Senate, would allow for the expungement of convictions or a reduction for sentences for marijuana-related crimes, many of which date back years, if not decades.

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San Jose marijuana DUI defense lawyer, recreational marijuana, drugged driving, THC breath testing device, DUI trialThe legalization of both medicinal and recreational marijuana has been growing immensely in recent years. As of 2018, nine states and the District of Columbia has legalized recreational marijuana, and 30 states — including D.C. -— have legalized medicinal marijuana. One of the concerns that lawmakers and police have had about this widespread legalization is the potential increase for those who are under the influence of marijuana to be out driving.

Marijuana Impairment Test Functions Like A Breathalyzer

Hound Labs Inc., which is based out of Oakland, claims that they have created the world’s first reliable breath testing device that can detect THC, which is the psychoactive and intoxicating ingredient in marijuana. The company states that THC is only detectable in a person’s breath during a window of time when impairment is at its peak — about one or two hours after a person has ingested marijuana. The company also said that their research showed that the level of THC in a person’s breath dropped to zero after about three hours.

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Santa Clara County DUI defense lawyer, DUI, DUI stories, DUI statistics, DUI chargesDUI is a serious subject. Driving while under the influence of alcohol, drugs or any other mind-altering substance is extremely dangerous and can even be deadly. Though DUI should not be taken lightly, there are stories you may hear about and will make you think, “Wait ... what?” Many people think you can only be arrested for DUI if you are driving a car; however, as some of these stories will tell, that is not always the case.

Here are some of the strangest DUI tales that have taken place around the world:

  • A Kentucky man was arrested for having a blood alcohol level of over twice the legal limit, which is .08. This would not be as strange of a tale, except police say he was riding a horse when they found him in possession of marijuana, a couple of beers, and a mason jar full of moonshine.

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Posted on in DUI

DMV hearing, San Jose DUI defense attorney, DUI arrests, California DUI law, drivers license suspensionCalifornia has some of the toughest and most strict DUI laws in the country, including a provision that allows the California Department of Motor Vehicles (DMV) to suspend or revoke a person’s driving privileges after he or she is arrested for a DUI under certain conditions. In California, this license suspension program is called Admin Per Se (APS) and is independent of any other fines, jail time, or other criminal penalty administered by the courts if you are convicted of a DUI.

Admin Per Se License Suspensions

The DMV is required to revoke or suspend the driving privileges of any person who is arrested for DUI and:

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San Jose boating under the influence attorneyWith California’s year-round mild weather, it is no surprise that nearly four million people enjoy recreational boating in the state each year. Unfortunately, dangerous boating accidents can occur, and nearly 25 percent of all motorboat-related fatalities involve alcohol in some way. California has laws governing alcohol use and consumption while you are aboard boats, much like the laws governing motor vehicles. Charges of boating under the influence (BUI) are similar to DUI charges, and an arrest can affect your driver’s license privileges, which is why it is important to respond to BUI charges as soon as possible.

Harbors & Navigation Code 655

California law states that no person shall operate a vessel while under the influence of alcohol or drugs. This means that not only are you prohibited from using motor boats while under the influence of alcohol and drugs, but you are also prohibited from using:

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Santa Clara County restraining order defense attorneyOften, an order of protection, or restraining order, is issued as a result of a domestic violence allegation. In California, domestic violence is defined as abuse or threats of abuse when the abuser and the abused are in an intimate relationship, or are closely related by blood or marriage. If you have been served with a restraining order, it is important that you fully understand the things that the order can and cannot do and how it will affect you.

Who Can Ask For a Restraining Order?

In California, a person can ask for a domestic violence restraining order if they and their alleged abuser are:

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DUI conviction, DUI charges, first-offense DUI, Santa Clara County DUI defense attorney, DUI penaltiesCalifornia has relatively strict punishments for those caught driving under the influence (DUI). In the state of California, anyone who is suspected of driving under the influence of drugs or alcohol will automatically have his or her license suspended, a process called admin per se suspension, which is conducted by the California Department of Motor Vehicles (DMV). In addition to automatic license suspension, California poses serious penalties on those who are convicted of DUI. The penalties get more strict with the increasing number of convictions. If you have been charged with a DUI, it is important for you to understand the penalties that a DUI charge carries.

Basic Penalties

In the state of California, all DUI convictions carry certain base penalties. These base penalties include:

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underage DUI, San Jose DUI lawyer, adult DUI, drinking and driving, underage drinking consequencesThe number of underage adults who drink and then drive has fallen in recent years, but the issue still remains prevalent. In 2016, 15 percent of drivers aged 16-20 who were involved in fatal accidents were reported to have a blood alcohol content (BAC) of .08 or higher, according to the National Highway Traffic Safety Administration (NHTSA).

In California, the laws for underage drivers who choose to drink before they get behind the wheel are strict. Knowing these laws and what punishments they carry can play an important role in your defense if you are charged with an underage DUI.

The Laws

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San Jose domestic violence defense attorney, types of domestic violence, domestic violence restraining order, domestic violence crime, restraining order defenseMore than 12 million people — both men and women — are affected by domestic violence each year. In the state of California, domestic violence is defined as abuse or threats of abuse to children, people in an intimate relationship, people who are closely related by blood or marriage, or people who live together. 

Types of Domestic Violence 

Domestic violence can manifest in several different forms, all of which are detrimental to a person's physical and/or mental health. Consider the following examples of domestic violence:

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Posted on in DUI

San Jose DUI defense attorneys, DUI charges, DUI, California drunk driving laws, DUI chargesWhen most people think of going on vacation in the spring they imagine getting away from the grind of work or exams and enjoying time with friends or simply relaxing. However, what starts off as a fun vacation may quickly turn into a nightmare if you are pulled over for driving under the influence.

The Risks of Binge Drinking and Driving

Eighty percent of drunk driving incidents in the United States are related to binge drinking, according to the Center for Disease Control and Prevention. When a person is under the influence of alcohol, and especially if he or she has been binge drinking, the person may experience negative effects such as decreased concentration, blurred vision, and a reduced coordination and reaction time, which can cause accidents.

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San Jose DUI defense attorney field sobriety testsWhen a police officer pulls someone over on suspicion of drunk driving, they will be looking for evidence of the driver’s impairment. In many cases, they may ask a driver to get out of their car and perform a series of field sobriety tests, and based on their observations during these tests, they may decide whether to arrest the driver for DUI. If you have been pulled over, it is important to understand your rights and possible defenses against field sobriety tests.

Standardized Field Sobriety Tests

The National Highway Traffic Safety Administration (NHTSA) has defined three Standardized Field Sobriety Tests that it recommends officers use:

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San Jose drunk driving defense lawyer St. Patrick's DayWhether someone is of Irish heritage or not, St. Patrick’s Day provides a great opportunity to get together with friends and enjoy a night out on the town. However, the large number of people who consume alcohol during this holiday has resulted in a spike in drunk driving accidents and deaths. The National Highway Traffic Safety Administration (NHTSA) reported that between 2011 and 2015, there were 252 fatalities in car accidents involving drunk driving on St. Patrick’s Day. Due to the increased level of danger from drunk driving, police will be conducting DUI checkpoints in hopes of making arrests for driving under the influence before drivers cause dangerous accidents. 

Avoiding a DUI Arrest

People who are planning to celebrate St. Patrick’s Day should follow these tips to avoid being arrested for drunk driving:

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California sexual assault defense attorneyIn recent months, the news has been filled with stories of sexual assault, sexual abuse, and sexual harassment, and people have become emboldened to step forward and discuss the crimes that have been committed against them. The #MeToo movement has resulted in serious consequences for many people, including several well-known public figures. Under this increased level of scrutiny, some people may be facing accusations of sexual impropriety, and it is important to understand how California’s state laws define sexual assault and the possible consequences that can result from a conviction.

California Sex Crime Laws

In California, sexual offenses primarily fall into one of the following categories:

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San Jose domestic violence restraining order defense attorneyThe state of California takes domestic violence very seriously, and state laws allow someone who has been abused or is under the threat of harm to receive a restraining order to protect their safety. While it is important to protect the victims of abuse, false accusations against alleged abusers can result in a great deal of emotional distress, financial hardship, and damage to personal relationships. If you have been served with a domestic violence restraining order, you should understand your rights and the steps you can take to defend against the charges.

Restraining Orders in California

A person can seek a restraining order against a spouse, ex-spouse, domestic partner, close family member, or parent of their child who has abused or threatened to abuse them. When granted by a judge, restraining orders can require someone to stay away from the alleged victims and their children and relatives, move out of their house, pay child support and/or partner support, or follow certain other orders.

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San Jose prescription drugs DUI attorney, DUI charges, drunk driving, prescription drug DUI, impaired drivingWhile most people are aware of the dangers of drunk driving, they may not realize that charges of driving under the influence (DUI) can result from the use of prescription drugs. This issue has grown in prevalence in recent years, with California’s Office of Traffic Safety (OTS) reporting that 38 percent of the drivers who died in car accidents in 2014 tested positive for legal or illegal drugs. As a result, police officers are becoming more vigilant toward possible impairment, and drivers should be aware of their rights when facing potential DUI charges related to prescription drugs.

Prescription Drug DUI

Studies performed by the National Institute of Health have shown that the use of drugs that can potentially lead to impaired driving has increased in the past 15 years throughout the United States. These drugs include both over-the-counter and prescription medications such as anti-depressant and anti-anxiety drugs, muscle relaxants, sleep aids, stimulants, and allergy medications.

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