Criminal Defense

Driving Under the Influence in Construction Zones

By San Diego Attorney on January 20, 2023

Construction zones can be very dangerous for road workers. This has made it necessary for drivers to slow down when driving in these zones. Law enforcement officers tend to monitor construction zones to ensure workers are safe and motorists adhere to guidelines. They also watch out for potential drunk drivers in these zones.

When a driver is intoxicated and ends up causing injuries to workers in a construction zone, they will face legal consequences. Read on to learn more about DUI laws in construction zones and the potential penalties for those found in violation. You will also learn how to defend yourself when faced with such charges.

Why Is California’s BAC Limit for DUIs 0.08?

By San Diego Attorney on January 10, 2023

DUI, also commonly called driving under the influence, is one of the most common causes of accidents in California. Due to this, the state has taken various measures to prevent DUIs, including introducing a BAC limit of 0.08. This means that the legal alcohol limit for adults in California is a 0.08% blood alcohol concentration. The law imposes even a lower BAC limit for commercial, limo, taxis, and underage drivers. Read on to find out why this is the case and how the law impacts drivers in California.

Fentanyl Criminality in the Media

By San Diego Attorney on December 30, 2022

Fentanyl is a potent synthetic opioid analgesic, like morphine, but is 50 to 100 times more powerful. It is a schedule II prescription drug and is typically used to treat patients with severe chronic pain or to help manage pain after an accident or surgery. Fentanyl can be administered via injection, patch, or tablet. It is also sometimes used illicitly as a recreational drug. Fentanyl can be extremely dangerous; even a small dose can cause respiratory depression and death.

Strange DUIs Involving Unique Vehicles

By San Diego Attorney on December 15, 2022

A DUI is a criminal offense that occurs when a person operates a vehicle under the influence of drugs or alcohol. This can include driving while under the influence of prescription medication, over-the-counter medication, illegal drugs, or alcohol. A DUI can also occur when a person has a blood alcohol content (BAC) of 0.08% or higher. If a person is convicted of a DUI, they may face penalties such as fines, jail time, and the suspension of their driver’s license.

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.

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.

Do I Need a Lawyer Even if I’m Planning on Pleading Guilty?

By San Diego Attorney on November 15, 2022

If you are facing criminal charges, there are plenty of reasons to retain a lawyer, even if you are planning to plead guilty. Under our country’s criminal justice system, everyone deserves a vigorous defense. Even if you plead guilty to a crime, you are entitled to fair process, a just sentence, and protection of your rights under the Constitution. It is in your best interests to speak with an experienced San Diego criminal defense attorney as soon as possible.

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.

What Are the Levels of Fentanyl Charges You Could Be Facing?

By San Diego Attorney on October 20, 2022

Fentanyl is a synthetic opioid, similar to morphine, but 50 to 100 times more potent, as stated by the National Institute on Drug Abuse. It is a prescription medication, used to treat patients with severe pain, particularly after surgery, or patients with chronic pain who cannot tolerate other opioids. As a prescription medication, fentanyl is sold under names such as Durgesic, Actiq, and Sublimaze.

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.