IMMIGRATION CONSEQUENCES OF A DUI Soon-to-be president Trump has stated that he intends to enforce deportation of certain immigrants. Might a DUI threaten the immigration status or residency of an immigrant in this country? The answer is yes. Under current law, even a person residing in this country legally but…
DOES THE PASSAGE OF PROP 64 MEAN MORE HIGH DRIVERS ON THE ROAD? Now that Prop 64 has passed, will we see more drivers under the influence on California roads? Maybe. But as I discussed in previous posts, unlike alcohol, there is no definitive way to test for the immediate…
With the popularity of ride-sharing apps that make it convenient and inexpensive to “hail” a ride in most urban areas, common sense would say that the incidence of DUI arrests and drunken driving accidents would decrease accordingly. After all, one of the best uses of these apps is to have…
NEW LAW WILL REQUIRE IGNITION INTERLOCKING DEVICES FOR MOST DUI OFFENSES A new law, scheduled to go into effect across the state on January 1, 2019, will put ignition interlock devices (IID) in almost every vehicle driven by someone who was convicted of drunk driving. IIDs are akin to a…
DUI OFFENDERS OFTEN HAVE AN ADDICTION After 20 years of defending DUI cases I am convinced that many of the individuals who have been arrested for driving under the influence of alcohol or drugs — and especially those who have been arrested for DUI more than once — have an…
CALIFORNIA NOT THE STRICTEST STATE ON DRIVERS UNDER THE INFLUENCE WalletHub recently tallied up the states from the strictest to the most lenient on DUIs. You may be surprised to learn that according to WalletHub’s methodology, California was among the most lenient on DUIs. WalletHub identified 15 key metrics and…
It’s summer travel season and maybe you are planning a trip to another country. Don’t let your R&R be ruined by a driving under the influence arrest. You may not be aware of this but most countries have harsher DUI laws than those in the United States. Now, how strictly…
CONTINUOUS MONITORING OF ALCOHOL LEVELS—THE SCRAM DEVICE Most people in California are aware that there is a device that may be ordered installed in person’s vehicle upon conviction of driving under the influence of alcohol. This device, called an Ignition Interlock device or IID is a mechanism that prevents a…
SUPREME COURT RULES THAT DUI BLOOD TEST REQUIRES A WARRANT On June 23, 2016, the United States Supreme Court issued a decision in the case Birchfield v. North Dakota, which will affect California’s “implied consent” DUI laws. The Court held that the Fourth Amendment to the United States Constitution permits…
Here’s a DUI arrest scenario I occasionally encounter in my practice: A client is arrested for driving under the influence in a private parking lot, for example, or on a street in a gated community, or even in the client’s own driveway and wants to fight the DUI arrest…