One of the potential hazards of a DUI offense is the “Habitual Traffic Offender” designation. Even one DUI combined with other violations within a 12-month period can trigger a habitual traffic offender charge. There are several DUI-related conditions that make a driver a habitual traffic offender: One of the…
What is a “Per Se” DUI? What does a DUI “per se” actually mean? “Per se” is a Latin term meaning “by and of itself.” Under California law, a blood alcohol level (BAC) of 0.08% is by and of itself considered driving under the influence. (For some drivers such as…
Last year saw a new law passed that will require most DUI offenders to install an ignition interlock (IID) device on their vehicle, even first-time DUI offenders. The law is scheduled to go into effect in 2019 and it is anticipated that it will decrease the number of drunk…
If you are a licensed professional in California, a DUI conviction could affect your license status. In this age when law enforcement information is immediately shared electronically with the state, which in turn, alerts the state boards that license certain professions, you can be sure the board that license…
DUI LAWS ARE STRICT FOR THOSE HOLDING A COMMERCIAL DRIVER’S LICENSE A big rig carrying a load of steel beams and a crane flipped over on the 101 near San Rafael this past week. The accident, which blocked three of the four lanes, happened at 8 a.m. during the height…
It is simply a fact that many, if not most, drivers lose at their Administrative Per Se (APS) Hearing. The APS hearing is an administrative hearing and unlike criminal hearings, the driver is not afforded the same due process rights a guaranteed by the Constitution in criminal trials. The…
In my previous post I discussed the DUI arrest process and the fact that when you are arrested for DUI, your license to drive will be immediately suspended by the DMV and you are issued a temporary 30-day license to drive. One of the reasons you receive the temporary…
California DMV Administrative Per Se Hearings As previously discussed on this website (here and here), a DUI arrest results in two separate proceedings: The Administrative Per Se Hearing and a criminal court hearing. Even if the criminal case is dismissed, the driver can still find his or her California driver…
DOUBLE JEOPARDY? DUI ADMINISTRATIVE SANCTIONS AND CRIMINAL PUNISHMENT An arrest for DUI with a blood alcohol level (BAC) over 0.08% triggers two entirely separate proceedings: 1) a DMV administrative per se hearing/determination with possible license suspension and 2) a criminal hearing that also carries a possible license suspension. It can…
Most people do not realize how much power the California Department of Motor Vehicles has until they are forced to come in contact with them. Unfortunately this is usually as a result of being arrested for driving under the influence. In California, the law allows the DMV to conduct their own…