DUI

News & Analysis as of

VC 23153(a)(b) Felony DUI w/Injury & VC 191.5 Vehicular Manslaughter w/Impairment Downey Court – People v. M.G.

Client arrested for felony DUI and vehicular manslaughter after being involved in a fatal collision with a pedestrian. After the investigation determined the victim was most likely attempting suicide by intentionally walking...more

PC 851.8 – Finding of Factual Innocence: Inglewood Court – People v. G.H

Client contacted our firm to expunge a 1979 conviction to misdemeanor DUI. Upon closer review, we learned our client was arrested for both VC 23152 (a)(b) DUI and PC 12020 felony possession of a dangerous weapon. ...more

DUI Attorneys Wonder Are the Eyes the Mirror of a DUI Soul? #ArizonaDUIAttorney

As an Arizona DUI attorney, my clients are often puzzled by the arresting officer’s request to gaze deep into their eyes. After all, this is Arizona. “Blood shot and watery” eyes can be simply a sign of allergy season....more

South Carolina Legislative Update - March 24, 2014

A House panel advanced a bill that would require some DUI offenders to drive with an interlock device that will not allow the engine to start if they have been drinking....more

Defending your second or third DUI Charge

California has some of the toughest DUI statutes and harshest penalties in the country. Multiple DUI convictions compound the potential punishments imposed by the California courts....more

Alabama Legislative Update - Week 3: Mother Nature and Old Man Winter Disrupt Legislative Schedule

Alabama was taken by storm last week. Among the thousands stranded on highways or the fortunate ones at home or at work were scores of State Legislators who could not get to Montgomery or who could not leave Montgomery. The...more

Learn What You Should Do After Your California DUI Arrest

Take action to protect your rights - After you have been pulled over for a DUI, shock and fear can quickly take root. However, the actions you take in the moments and days following your arrest are crucial to your...more

Texas Court Holds Employer Not Liable for Drunk Employee's Death

A state appellate court in Houston, Texas recently held that an employer had no duty to prevent an employee from injuring himself as a result of his own intoxication. ...more

Bye, Bye Bieber: Canadian Pop-Star of “Extraordinary Ability” Could be in Extraordinary Trouble with U.S. Immigration Law

Famed teen heart throb, Justin Bieber, is in trouble . . . again. On January 23, 2014, Bieber was arrested in Miami Beach, Florida, and charged with a DUI, resisting arrest, and driving with an expired driver’s license....more

Should I Go To Trial On My DUI Case?

Understanding burden of proof in the criminal court - To secure a conviction, the state must prove your guilt beyond a reasonable doubt. If the prosecution fails to reach its burden of proof, jurors are instructed to...more

How Breathalyzer Tests Affects Your DUI Case in California

After you were pulled over and before you were formally arrested, an officer likely asked you to blow into a handheld Breathalyzer®, which is referred to as a preliminary alcohol screening device or PAS device. How you...more

5 things to do when you are stopped for a DUI

DUI is one of the most common criminal offenses in Arizona. Knowing your rights could make the difference of whether you end up with a conviction or a valuable lesson to remind you not to drink and drive. The below list...more

Scary Road Reality: Drunk Driving Not Limited to Passenger Vehicles

A recent discovery of a bottle of vodka in the cab of a garbage truck after an accident on Interstate-75 highlights a scary reality for drivers on the road: Even industrial truck drivers sometimes drive while under the...more

Possession is Key in Consent Case

The Ontario Superior Court of Justice recently had to consider the vicarious liability of a vehicle’s owner for the negligence of an impaired driver in Watts v. Boyce, Dunham and the Co-operators General Insurance Company,...more

The Legal Process After Your First DUI Offense

Know your rights in the California criminal justice system - A DUI charge may be the first and only time you ever deal with the criminal justice system. An arrest is a frightening experience and your anticipation of...more

California DMV Hearing

When you are arrested for a DUI, you face both an administrative suspension action from DMV and a separate criminal case. Each matter is heard independently in separate proceedings with their own sets of rules and procedures....more

Summary of California Ignition Interlock Device laws enacted in 2010

On July 1st, 2010, the California legislature implemented an ignition interlock device or IID pilot program to run through December 31st, 2015. The new legislation required all individuals convicted of 1st or repeat offense...more

How a DUI Charge Can Become a Murder Case

A fatal accident in Santa Barbara in 2012 provides ample evidence of how a case of driving under the influence (DUI) can escalate vehicular manslaughter to a second-degree murder charge. In that incident, two women...more

What Are Effective DUI Defense Legal Strategies?

It would be a mistake to think that average people charged with driving under the influence (DUI) receive the same treatment as troubled actress Lindsay Lohan. Count that as a good thing, because even though it might seem as...more

Liquor Stores Held Liable To Victims Of Drunk Drivers

Washington has a dram shop statute that states, "[n]o person shall sell liquor to any person apparently under the influence of liquor." Statutory violations are "punishable by a fine of not more than $500 as well as separate...more

New Evaluations Raise Questions About DUI Test Accuracy

The Intoxilyzer 8000’s moniker makes it sound like a futuristic robot from a big-budget science fiction thriller. In reality, the machine is a small, mobile infrared spectrometry breath-testing device used to determine if...more

False Arrests Raise Serious Questions About DUI Protocol

A Tampa attorney who was recently the subject of a dubious plot to discredit his efforts in a high-profile defamation case may be scratching his head and wondering how premeditated harassment falls into any law enforcement...more

Can Medical Conditions Affect DUI Test Results?

When Port Richey police arrived to a post-midnight call related to a man asleep behind the wheel of a red SUV, they discovered that the drowsy driver was none other than the city manager. What happened next has been the...more

Mourning Handles DUI Stop With Aplomb

When drivers are stopped by law enforcement based on suspicion of driving under the influence, anxiety can shoot through the roof. This can have a disastrous effect on any of the diagnostic measures used to determine whether...more

Penalties for Driving Under the Influence (including Reese Witherspoon)

The DUI case involving actor Reese Witherspoon and her husband illustrated some of the unfortunate results of a drunk driving arrest. When the two were stopped by police officers for driving the wrong way down a road in...more

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