DUI | San Diego Law Blog - Part 2

What Are DUIs with No Proof of Driving?

By San Diego Attorney on December 5, 2022

DUIs without proof of driving are called “DUIs by discovery.” This is when the arresting officer finds no evidence that the driver was operating the vehicle. The most common type of DUI by discovery is when the driver is found sleeping behind the wheel. The driver may be charged with a DUI if the officer believes that the driver was intoxicated at the time of an incident.

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Can You Get a DUI if You’re in an Accident That Isn’t Your Fault?

By San Diego Attorney on November 25, 2022

Suppose you meet some friends for dinner at a restaurant and have a few drinks with your meal. Then, as you are driving home (extra cautiously), someone runs a red light and T-bones your vehicle. When the police arrived to investigate the crash, can you get a DUI?

The short answer is yes. If you were over the legal limit, you could be charged with driving under the influence, even if the other driver caused the accident.

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How Do Police Officers Measure DUI Impairment from Drugs

By San Diego Attorney on November 5, 2022

Aside from DUI checkpoints, police in California need reasonable suspicion to pull you over – facts that would lead a reasonable person to believe that a crime has taken place or will take place, and that further investigation is warranted. If you were weaving excessively, driving erratically, ran a stop sign, or had a brake light out or a cracked windshield, you may be subjected to a traffic stop. Once they pull you over, officers will be looking for signs of driving under the influence of alcohol or drugs.

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Common Mistakes Officers Make at DUI Checkpoints

By San Diego Attorney on October 10, 2022

Police routinely set up DUI checkpoints in an effort to catch people driving under the influence of alcohol or drugs. Unlike normal traffic stops, they do not need probable cause to stop you at a checkpoint. Although these roadblocks are permitted under California law, police are required to follow specific guidelines. When they fail to do so, defendants arrested at a checkpoint have grounds to challenge the arrest.

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What If You Damage Property While DUI?

By San Diego Attorney on September 25, 2022

Driving under the influence, or DUI is considered an offense in the state of California. It is extremely dangerous to drive while experiencing the effects of alcohol, as it can alter your brain and your ability to function normally.

As DUIs often involve reckless driving, there is a possibility that you may damage property while driving under the influence. While DUIs alone can have a myriad of consequences, causing damage to someone’s property while driving intoxicated can worsen the penalties you may face.

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How Alcohol Affects Our Vision

By San Diego Attorney on September 5, 2022

Many adults enjoy a drink or two, whether it be for celebration or relaxation. As enjoyable as alcohol is, users should be wary of the negative effects that overconsumption can have on them, especially on their brains.

Excessive alcohol inhibits proper communication within the brain’s pathways, negatively affecting brain function. While alcohol can create feelings of happiness, bravery, and relaxation, it can also cause slurred speech, poor judgment, memory issues, and balance issues.

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New DUI Prevention Technology Coming Soon

By San Diego Attorney on August 24, 2022

Recent Congressional legislation will require future cars to include technology that monitors the driver to determine if they are too intoxicated to drive. As stipulated by the $1 trillion infrastructure bill signed by President Biden in 2021, all new automobiles sold in America will be equipped with these drunk driving prevention devices as soon as the technology is available.

Automakers and the National Highway Transportation Safety Administration (NHTSA) are working together to design and implement Driver Alcohol Detection System for Safety (DADSS) that will “passively monitor the performance of the driver of a motor vehicle to accurately identify whether the driver may be impaired.”

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Aging and DUIs: Does Your Age Change Things?

By San Diego Attorney on August 15, 2022

People are living longer an seniors continue to enjoy active lives. And this includes driving. There are over 40 million drivers over the age of 65, which is 50 percent more than there were just 20 years ago.

With more seniors driving, there’s a greater risk for problems that result from automobile collisions. In fact, over 6800 seniors die in traffic accidents annually.

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Why is a DUI Sometimes Considered a “Wobbler” Charge?

By San Diego Attorney on August 1, 2022

Most DUI cases in California are misdemeanors. But some DUIs may be prosecuted as a felony based on the circumstances of the case or the driver’s record. These cases are called wobblers.

Prosecutors have a considerable amount of discretion when it comes to deciding how to proceed in a wobbler DUI case, but it’s ultimately the judge who decides how the defendant will be charged.

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Breathalyzers and Marijuana

By San Diego Attorney on July 30, 2022

What is driving under the influence of drugs (DUID) in California, and what are the penalties?

Driving under the influence offenses in California include both alcohol and drugs. You’re committing an offense if you drive in a vehicle under the influence of a controlled substance under Section 23152 (f) of the California Vehicle Code. You’re also committing an offense if you’re driving while affected by both drugs and alcohol, under Section 23152(g).

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