THE ONE DRINK AN HOUR RULE Have you ever heard of the “One Drink an Hour Rule?” According to this rule, if have only drink per hour, your blood alcohol level (BAC) will remain under the legal DUI limit of .08%. (One drink is roughly defined as 1 1/4 ounce…
california supreme court holds that circumstantial evidence of intoxication may be considered in dui hearings A driver was pulled over in Orange County by the CHP when the officer observed her car swerving erratically. Upon contacting the driver, the officer observed indications that she had been drinking alcohol. The officer…
Drugged Driving, A Growing Threat Drugged driving is a dangerous trend on US highways. According to The National Highway Traffic Safety Administration, there is a significant increase in drivers driving with illegal, prescription and over-the-counter drugs in their system. Part of this may be due to the fact that…
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…
BOATING UNDER THE INFLUENCE California offers an abundance of outdoor activities. In the summer, we head out for the ocean, lakes and rivers with boats and jet skis in tow. Sunscreen? Check! Beach towels? Check! Beer in the cooler? Check! Designated boat driver? Ummm…. In California it is just as…
WHAT HAPPENS WHEN A CALIFORNIA DRIVER IS ARRESTED FOR DUI/DWI IN ANOTHER STATE Most states, including California, are members of the Interstate Driver’s License Compact (DLC), which is administered by the U.S. Department of Transportation, National Highway Traffic Safety Administration. The DLC is an agreement between member states to share…
ORANGE COUNTY COURT CLERK BUSTED FOR “FIXING” DUI CASES Many of us are familiar with the blatant corruption in some countries where you just pay off the cop that stopped you and be on your merry way. Well, Orange County apparently has its own version of corruption, a court clerk…
DRIVING UNDER THE INFLUENCE OF MARIJUANA Just as it is illegal to drive under the influence of alcohol, it is illegal to drive under the influence of marijuana. It does not matter if the driver has a Medical Marijuana Identification Card; it is still a violation to drive while…
Penal Code Section 191.5 defines Gross Vehicular Manslaughter as: (a) The unlawful killing of a human being without malice aforethought, in the driving of a vehicle, where the driving was in violation of Section 23140, 23152, or 23153 of the Vehicle Code, and the killing was either the proximate result…
Can I Fight My DUI Case Being arrested for driving under the influence of alcohol or drugs doesn’t mean that you will be convicted of driving under the influence. An experienced DUI defense lawyer will know the defenses available and will know what to look for when reviewing your case.…