What level of "impairment" is required for a Drug-based Drunk Driving conviction in Orange County?
In the context of DUI Drugs under California Vehicle Code 23152(a), the prosecution must prove "impairment" based upon drugs. It is very difficult for the prosecution to meet its burden of proving impairment beyond a reasonable doubt. This is especially true when the charges are based solely upon alleged drug use, with no evidence that alcohol was involved. For a conviction based in whole or in part on drug use,…
Read MoreI have a high-profile position for my employment. A DUI conviction will have terrible consequences for me. Will the prosecutor be willing to dismiss my charge of driving-under-the-influence based on my high-profile position?
No. In California, the prosecution office for a county will not take into account a person’s status or position when deciding to charge a person with driving under the influence. In fact, high-profile cases are often more rigorously prosecuted because of the attention they receive.
Read MoreI was Arrested For A DUI In Riverside, But The Cops Never Even Saw Me Driving. Can I Get The Case Dismissed?
The best answer to this question is that it depends. To be convicted of a DUI in Riverside – or in California – the prosecutor does not have to prove that the officer actually saw you driving. The prosecution can also potentially call other witnesses to the stand to testify that they saw you driving. The prosecution can also rely solely on circumstantial evidence that you were driving. Common cases…
Read MoreWhat are the penalties for refusing to submit to a chemical test when arrested for DUI in California?
Anyone who drives on the roads in California has given his or her implied consent for law enforcement to test his or her blood, breath or urine to determine the level of alcohol or drugs in their bodies. Refusal to submit to one of these tests could trigger a one-year suspension of your driver’s license by DMV. It can also lead to more severe penalties in court such as increased…
Read MoreWhat Are The Penalties For Refusing To Submit To A Chemical Test When Arrested For DUI In California?
Penalties for a DUI Anyone who drives on the roads in California has given their implied consent for law enforcement to test their blood, breath or urine to determine the level of alcohol or drugs in their bodies. Refusal to submit to one of these tests could trigger a one-year suspension of your driver’s license by DMV. It can also lead to more severe DUI penalties in court such as…
Read MoreI was Arrested for DUI but the Cops never even saw me driving. Can I get the case dismissed?
The best answer to this question is that it depends. To be convicted of a DUI in California the prosecutor does not have to prove that the officer actually saw you driving. The prosecution can also potentially call other witnesses to the stand to testify that they saw you driving. The prosecution can also rely solely on circumstantial evidence that you were driving. Common cases are where the officer makes…
Read MoreMany people ask us at our Orange County DUI law firm if they can get their DUI case in Orange County dismissed?
You may be able to have your DUI in Orange County dismissed if the police made certain errors during the time period where they detained you. Your DUI in Orange County may be dismissed if the police officers did not have legal cause in which to stop you vehicle. This will require your Orange County DUI lawyer to review carefully the police report to determine what legal basis the police…
Read MoreI was ordered to do a DUI class last year when I plead guilty to a DUI, and I haven’t had the money to enroll in the class. What is going to happen to me?
Violation of Probation You are in violation of your probation and that means you are facing jail time. The court gave you a certain amount of time to enroll in the alcohol school. The court likely set a date for you to show proof you had enrolled. The court may have issued a bench warrant for your arrest when you failed to comply. What this means is that you may…
Read MoreI was struck by behind by another driver when I was stopped at a red light. The other driver was completely at fault for the accident. The police officer ended up arresting me for a DUI? Is that legal when I was not responsible for the accident at all?
Field Sobriety Test YES, it is legal for the police officer to arrest you for a DUI even if you were not at fault in the auto collision. In some cases a person is driving while under the influence of alcohol and the officer only makes contact with him for a totally unrelated reason as in your case. If the officer questioned you about the accident and smelled alcohol on…
Read MoreIf I am convicted of my 3rd DUI is there mandatory jail time required?
3rd DUI With Two Prior Convictions If you are convicted of a 3rd DUI and you have two prior DUI convictions within ten years of the new conviction you are facing mandatory jail time of a minimum of 120 days. However, if you are currently on probation for either of the two prior DUI convictions you can also be facing additional jail time for a probation violation.
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