CAN A BREATHALYZER DEVICE BE TRICKED? You may have heard the “tricks” to defeating a breathalyzer test: place a copper penny under your tongue when you blow into the device, drink mouthwash before being tested (surreptitiously, of course), eat breath mints, hold your breath or use other breathing techniques before…
Did this Napa school bus driver take a wine tasting detour? A school bus driver in Napa was recently arrested for driving under the influence after she damaged the undercarriage of her bus with 28 students on board. Fortunately, none of the students were injured. As hard as it…
Super Bowl Sunday is right around the corner. Time for gathering around the big screen with chips and beer, lots of beer. And time for the CHP to be out in full force. The Super Bowl Sunday roads are notoriously plagued with drivers impaired by alcohol. In fact, the…
Is this a trend? The DUI arrests made in Orange County during the 2016 New Year’s holiday was almost half the number of DUI arrests during the 2015 New Year’s holiday. Los Angeles County also saw a decrease in DUI arrests although not as sharp a decline as that…
WHAT HAPPENS IF YOU REFUSE TO SUBMIT TO A CHEMICAL TEST AFTER A DUI ARREST? Most California drivers are aware that the law does not convey the same Constitutional rights, which are normally afforded to an arrestee, when the person is arrested for driving under the influence. For example, the…
The trend is clear: States are legalizing the recreational or medical use of marijuana. In fact, twenty-three states plus the District of Columbia have legalized the use of marijuana in some form. Yet most state laws have not established clear methods or guidelines to assist law enforcement when they suspect…
THE “RISING BLOOD ALCOHOL” DEFENSE If you are arrested for driving under the influence of alcohol and your blood alcohol level is only slightly above the legal threshold of 0.08%, your attorney might consider what is called the “rising blood alcohol” defense. Without getting into the scientific details, this defense…
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…
HOW LIKELY IS IT THAT I WILL GO TO JAIL IF I AM ARRESTED FOR DUI? Even a first-time DUI carries a potential sentence in California of up to six months in county jail but such a sentence is rarely, if ever, handed down. A driver who is arrested for…
A BETTER WAY TO TREAT DUIs You have probably heard that the so-called “War on Drugs” has been lost. Increasingly law enforcement and the courts are recognizing that punishment does not resolve the offender’s drug addictions. New sentencing schemes are being developed that focus less on punishing the chronic drug…