DUI | San Diego Law Blog - Part 5
When Policing Errors Lead to an Arrest
Whether you saw those intimidating red-and-blue flashing lights in your rearview mirror or were suddenly served an arrest warrant, your first thought was probably, “What did I do wrong?”
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Beating a DUI With a Blood-Split Motion
When an officer believes a suspect has committed a DUI, the officer can have the suspect perform several tests: a field sobriety, breathalyzer, or chemical test. Most people are aware that these are standard procedure, but defendants in DUI cases should also know that they can request their own independent tests. Referred to as a “blood split motion,” this can be a powerful tool in avoiding the full penalties of a DUI charge.
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How Probation Works for DUIs
If you’ve been arrested for a DUI, your biggest concern is staying out of jail. We have good news: California courts can invoke other, and oftentimes lighter, punishments for defendants convicted of driving under the influence. One option that defendants tend to overlook is probation, which may allow them to avoid jail time altogether. How can you qualify? Let’s find out.
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How Substance Abuse Assessment Units Influence DUI Cases
In the most populated counties in California, district courts have several divisions to handle specific cases. These includes juvenile courts, drug courts, and alternative sentencing courts. These courts appoint special task forces to find alternative ways of dealing with criminal offenders — ways that do not include jail time.
For San Diego County residents who are arrested for DUIs, their cases may receive the attention of the Substance Abuse Assessment Unit.
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Understanding Federal DUI Charges in San Diego
After being arrested for driving under the influence in San Diego County, most defendants’ cases are handled by the California DMV and local courts. So, how do you get on the wrong side of the United States Government when it comes to a simple DUI? Federal DUI charges come with harsher penalties, including longer jail sentences and heftier fines.
But these only apply to specific scenarios in our county. Let’s take a look.
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How DADSS May Prevent Future DUIs
Car manufacturers and designers are constantly trying to create newer, safer vehicles. Automatic brakes, lane-departure warnings, rear-view cameras – all of these devices seem to have rolled out of sci-fi films over the past few years. One of the most advanced new features currently being tested may also drastically change DUI rates across the country – but only if it is accurately and effectively implemented.
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What To Do If Your Car Is Impounded for a DUI
California’s harsh stance against drunk driving comes with a long list of penalties, ranging from administrative issues like license suspensions to criminal punishments like jail time and court fines.
If you were pulled over for suspected DUI, then arrested, you know how troubling that is. Every single punishment will impact your life, and you should talk to an attorney about how to move forward, but one of the most pressing issues for you might be your car. DUIs often lead to vehicle impoundments, and the process for getting your car back in San Diego is not always simple.
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Understanding San Diego’s Social Host Ordinance
Anyone who has hosted a party knows how difficult it is to wrangle guests together and keep things orderly, especially when alcohol is involved. It is very easy to become distracted and lose track of the situation. If you are hosting anyone under the age of 21, you face certain legal difficulties in San Diego. Our county has strict laws designed to combat underage drinking, including a Social Host Ordinance that allows district attorneys to prosecute party hosts for allowing underage drinking to occur on their watch.
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Alcohol in the Blood: Understanding BAC Levels in California
A person’s blood alcohol concentration (BAC) is one of the key elements used by district attorneys to convict them of driving under the influence (DUI) in the state of California. Generally, if a police officer suspects someone of driving while intoxicated, the officer can pull them over and request a breathalyzer test to measure the driver’s BAC. If the driver has a BAC level of 0.08% or higher, then the officer can arrest the driver for DUI. However, BAC tests are not foolproof, and there are several factors that can influence the test to show a positive result, even if you have not had any alcohol.
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How to Get a License Reinstated After a DUI
Being convicted of a DUI can lead to both administrative punishments and criminal penalties, each of which will have a major impact on your life. While first-time offenders may be able to avoid criminal charges, they may still have to deal with a license suspension if they are not successful in a DMV hearing. Losing your license could impact your career, your relationships, and generally just make it extremely difficult to live in California. Reinstating it, while not impossible, also requires several key steps.
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