DUI

Can I Legally Refuse a Breathalyzer Test?

By San Diego Attorney on January 18, 2016

Getting pulled over by a police officer can be intimidating and scary—especially when they start to ask you whether or not you’ve had anything to drink. When you’ve been suspected of DUI, one of the pounding questions you will face is whether or not you can refuse a breathalyzer test.

In California, there is what is known as “implied consent”. What does this mean for you as a driver? If you signed your driver’s license and are legally able to drive a motor vehicle, you have already given consent to be subject to chemical or breath testing. But does this give police officers the blanket right to request a breath test from you? Let’s take a closer look at what it means to refuse.

Third DUI Offense Penalties

By San Diego Attorney on July 9, 2015

Being charged with a third DUI is a serious offense. After a 3^rd DUI, a judge tends to be harsher with the penalties imposed to the defendant. For this reason, it is crucial to retain a Criminal Defense Attorney from jD LAW.

In California, if convicted of a third DUI you can expect the following:

Wet Reckless Vs. DUI

By San Diego Attorney on April 3, 2015

“Wet reckless” is a reduced charge associated with DUI charges. It is defined as reckless driving involving alcohol. Typically, this type of charge is given for a more mild offense and is reached through a plea bargain. If your blood alcohol level was near the legal limit and you didn’t show severe impairment on field sobriety tests, your defense lawyer may be able to secure a plea bargain for this charge.

This type of offense is usually an option for first time offenders. However, if you get DUI charges in the future, it will count as a prior conviction.

Avoiding DUI after the Super Bowl

By San Diego Attorney on January 29, 2015

Super Bowl Sunday is a day filled with potlucks, drinks, and of course, football. After all the festivities subside, many individuals don’t realize how much they have had to drink, unknowingly getting behind the wheel while impaired, putting themselves at risk for getting pulled over for DUI.

Super Bowl Sundays is known to be one of the most popular days for drinking, which means law enforcement will be on the prowl for DUI offenders, seeking to pull over any individuals who look even slightly suspicious. Make sure you read the tips below to keep your Super Bowl Sunday is full of fun festivities, not DUI charges.

How Does an Ignition Interlock Device (IID) Work?

By San Diego Attorney on September 13, 2013

If you have been convicted of driving under the influence (DUI) in the state of California, you may soon be asked to install an ignition interlock device in your vehicle. This device, which is roughly the size of a cell phone, will be attached to your dashboard and wired to your ignition. Once the mechanism has been activated, you will not be able to start your engine until a breath sample has been submitted—the purpose of which is to keep you from driving while under the influence of alcohol. If your calculated blood-alcohol concentration (BAC) is greater than the pre-programmed amount, your car will not start. The device will also record a violation. To ensure that it is, in fact, you who is breathing into the device, it will also ask you to submit additional breath samples at random intervals.

Am I Legally Required to Participate in a DUI Checkpoint?

By San Diego Attorney on June 26, 2013

DUI checkpoints or sobriety checkpoints are locations where law enforcement officers are stationed to check drivers for signs of intoxication or impairment. There are many jurisdictions that utilize DUI checkpoints as a part of their drunk driving deterrence program. Due to the fact that there are questions as to their constitutionality, not all states conduct sobriety checkpoints. Some states such as California and Nevada authorize their use, where other states such as Oregon, Washington and Texas do not use them. In Ingersoll v. Palmer (1987), the Supreme Court of California concluded that within certain limitations sobriety checkpoints are permissible under the state and federal Constitutions.

Field Sobriety Tests: Romberg Balance

By San Diego Attorney on June 21, 2012

A Drug Recognition Expert (DRE) will use four divided attention psychophysical tests to evaluate someone suspected of drug impairment. These tests are standardized in their administration, documentation, and interpretation. The next few blogs will examine each test in detail.

Field Sobriety Tests Administered by a DRE

By San Diego Attorney on June 19, 2012

A Drug Recognition Expert (DRE) will use four divided attention psychophysical tests to evaluate someone suspected of drug impairment. These tests are standardized in their administration, documentation, and interpretation. This is very important because it means it has to given exactly the same way each time: same instructions, always recording the subject’s performance in a prescribed manner; and looking for a specific set of cues to determine to what extent the subjects are impaired.

The next few blogs will examine each test in detail. The four tests are listed in the proper sequence:

DRE Checklist, Step 12: Toxicology Examination

By San Diego Attorney on June 4, 2012

A Drug Recognition Expert (DRE) must follow a checklist that breaks down into twelve components. The next few blogs will examine each step in detail.

Step 12: Toxicology Examination

It is the DRE’s job to obtain the specimen that will be sent to the laboratory for chemical analysis. He must follow proper procedure as well as the lab that will be doing the testing. They have to ensure proper handling, packaging, and delivery of the specimen. Failure to do this may result in the evidence being excluded from the case.

DRE Checklist, Step 11: Opinions of the Evaluator

By San Diego Attorney on May 31, 2012

A Drug Recognition Expert (DRE) must follow a checklist that breaks down into twelve components. The next few blogs will examine each step in detail.

Step 11: Opinions of the Evaluator

It is the DRE’s job to render an opinion of the subject right now, not to speculate about the condition at the time of arrest, unless the DRE witnessed the arrest. If the subject is impaired, then the DRE will create a written statement saying: