March 2012

Marijuana and DUI

Although in every case involving alcohol and DUI, the code section 23152(b) comes into play, dealing specifically with a BAC over .08%.  However, when an officer has reason to believe that a driver may be under the influence of marijuana, the question is no longer what your BAC is, but whether or not you are […]

DUI aggravating factors

Typically a first time DUI in Los Angeles is booked as a misdemeanor criminal charge.  However, in distinct situations where the DUI is in some way “aggravated,” under the law, the prosector has the ability to increase the charge to a felony.  Aggravating circumstances include excessive speeding, accident, damage to property or persons, injury to […]

Lohan in the final stretch

The DUI process is long and drawn out, and entering a final judgment in the matter is only the beginning.  If you were sentenced to a term of probation, it’s likely that you will be bound by the court for several years.  Until you get a final discharge on your probation term, you are not […]

As the state of California continues to increase its efforts towards enforcing DUI’s, more and more out-of-state drives are being arrested for DUI as well.  Despite the fact that if you live and have a drivers license in another state, if you are arrested for DUI in California and convicted, your license in your home […]

In most drunk driving cases, by far the most important evidence comes from a breath test.  Our DUI laws even provide that they are sufficient by themselves to warrant a conviction.  The accuracy of these devices is, therefore, critical.  And I’ve posted dozens of time on the inaccuracy and unreliability of breathalyzers.  See, for example, […]