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You do not have to do field sobriety tests if you are stopped for a DUI and you shouldn’t. These tests are very poor indicators of whether or not someone has had too much to drink to drive safely. The police sometimes exaggerate your test performance to make you seem more intoxicated. Furthermore, even if…
Never take a breath test using a handheld device if you do not have to. They are particularly inaccurate and subject to gross errors. If you are on probation for a DUI or if you are under 21 years old, you must take the hand held test if the officer thinks you are driving after…
The breath machines used by the police to test people’s blood alcohol level are often incorrect or inaccurate. Just because someone blew over the legal limit (.08%) does not mean they are guilty. The machine may not be properly calibrated. The officer may not have done the test correctly or completely. Also, something as simple…
Were you arrested and charged with VC 23152(a) or VC23152 (b) and you don’t understand the difference? Both of these charges are a California Vehicle Code and a violation of either can amount to what’s commonly referred to as a DUI or driving under the influence. Vehicle Code 23152(a): Driving a Vehicle while Impaired by…
For a first or second time DUI, most people do not have to get an ignition interlock device (IID). If you get a third DUI or if the court thinks an IID is necessary, then you may have to get one. In several counties, including Alameda and Los Angeles, there is a new pilot program…
If someone gets a first time DUI, you can continue to drive for 30 days, then your license is suspended. If you request a DMV hearing, you can continue to drive until the DMV issues a decision. If you lose the DMV hearing, your license is then suspended for four months for a first offense…
You were pulled over after a night of fun with your friends and the police have charged you with Driving Under the Influence (VC23152). You were given a pink slip of paper that reads “Admin Per Se” across the top and you don’t know what to do? Watch our Supervising Attorney, Daniel M. Smith, give…
Certain felony DUIs are tried as wobbler DUI (also known as gross misdemeanors). It can be viewed as something not quite as serious a felony but more than a regular misdemeanor. This can result in less severe penalties such as probation instead of jail time or jail time instead of time in state prison. Many…
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