In 2012, an Orange County woman, Sandra Hernandez, was camping with her family in North Dakota when a drunk driver ran over the family tent, killing her two young sons, ages 5 and 9. The driver who ran over the tent had four previous DUIs in California. Had he committed…
What is the per se blood alcohol content (BAC) in California? Most people know it is, with certain exceptions, 0.08%. Above that limit and a driver is considered per se under the influence of alcohol. Which number is greater: 0.08% (0.0008) or 0.013% (0.00013)? If you answered 0.0008, congratulations, you…
So say many experts who have studied the U.S. (including California’s) DUI limit of 0.08 percent. The only state that has a lower limit is Utah, which has a 0.05 percent per se limit. After Utah lowered it limit in 2018, there was a near 20 percent decrease in fatal…
As we enter one of the biggest holiday periods in California, it might be time for an important PSA: DON’T DRINK OR TAKE DRUGS AND DRIVE. Last July 4th holiday period (June 30 through July 4), over 1,200 drivers were arrested for driving under the influence. Unfortunately, 90 individuals also…
In California, many convictions can be “expunged.” (The common term most people use is “expungement,” but it’s not actually an expungement, as will be clear as you read further.) In most cases, an individual (defendant) convicted of DUI will be eligible to petition the court for this relief. Upon a…
Whether you think this is a good thing or another step towards a “Big Brother” future, there is an effort to make drunk driving detection a standard feature in all new cars. New technologies allow impaired driving detection through sensors that can monitor the driver’s eye movement as well as…
If you have been arrested for a DUI in California, you may be wondering if the police can search your vehicle. The answer is not always straightforward. In general, the police can only search your vehicle if they have probable cause to believe that the search will yield evidence of…
If you are convicted on a DUI (driving under the influence of alcohol or drugs) violation in California, you will be required to attend DUI classes as part of your sentence. The court may also order additional terms of your DUI probation such as attending AA meetings or community service.…
For over four years now in California, ignition interlock installations are required after an arrest for driving under the influence of alcohol (even for first-time offenses) if the driver wants to avoid a temporary suspension of his or her license to drive and mandatory for almost all D.U.I. convictions. The…
In California, a first-time driving under the influence (DUI) is a misdemeanor offense. However, there are a few exceptions where even a first time DUI may be charged as a felony. Under Vehicle Code section 23550.5, subdivision (b) a conviction for a first time DUI within a ten-year period can…