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DUI Law Tag

How to get a DUI expunged

Once you have expunged your DUI or felony conviction, you are not legally obligated to tell employers it ever happened, and employers may not legally use it as justification for making employment decisions if they happened to find out. However, you still have to disclose convictions expunged or not when applying for teaching credential or state licensees. State licensing boards may use the conviction as a reason not to grant or renew licenses or credentials, but are less likely to if the conviction has been expunged. ...

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What Do Police Look For with a Marijuana DUI?

It is against the law to drive while under the influence of marijuana. These are called marijuana DUIs. So how do police officers know that you're driving while intoxicated?  As marijuana becomes legal in more and more states, California included, there have been more instances of drivers being arrested for marijuana DUIs.  No Scientific Standard Yet The main problem arises where there is no scientific standard for establishing impairment based on the amount of THC in the body.  THC is  the main component of pot that gets users high. The drug is metabolized very quickly, but remains in the body for a long...

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How Do Marijuana DUIs Work?

DUIs based on alcohol impairment are widely known to be illegal. But what about driving under the influence of marijuana? Can you get a DUI for being under the influence for marijuana? What about if marijuana is legal in the state in which you are driving? How much marijuana is okay to drive on?  Additionally, how do police officers know that you are driving under the influence of marijuana; and how can prosecutors prosecute a marijuana DUI?   Can You Still be Convicted of a Marijuana DUI?   Yes, there is such a thing as a marijuana DUI, and you can still be convicted of...

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10 Things to Know about a Marijuana DUI

This article will go over 10 things that you may not know about marijuana DUIs.  Can you Still Get a Marijuana DUI if Marijuana is Legal in California  Yes, you can still be arrested and convicted for a marijuana DUI, even though marijuana use is legal in California.  Under California Vehicle Code 23152(f), you can be arrested and charged for driving under the influence of drugs if the drug impaired your mental abilities so as to render you unable to drive with the caution of a sober person.  Definition of a Marijuana DUI Under California Vehicle Code 23152(f), it is unlawful for a person who is...

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Can I Refuse a Breathalyzer?

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Once you are arrested on the suspicion of committing a DUI, you will likely be taken to a police lab.  This is where the police will want to conduct a breathalyzer, as well as other chemical and physical tests.  The states that require a chemical test, including California, require so immediately after an arrest for a DUI. This is a requirement by law.  There are three types of chemical tests - the breathalyzer test, a blood test, and a urine test.  Refusing the Breathalyzer Test  If you refuse a chemical test, it is a separate offense under California law, and this is due to...

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First Steps after a DUI Arrest

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You were arrested for a misdemeanor DUI and now are probably going through many different emotions. Based on thousands of driving while under the influence cases, we have put together a checklist of things that need to be done as soon as possible after the DUI arrest.  The information you write down by yourself or with your attorney won’t be shared with the police or the prosecutors, so it is safe to notate it all to avoid forgetting important information your attorney may want or need for your defense.  Write down everything that you remember from the night of arrest. The sooner...

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5 Things You Didn’t know about a DUI

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When you are arrested on suspicion of a DUI, it can be scary. Sometimes understanding other facts about DUIs, whether they relate to your specific case or not, can help ease your nerves, as well as your defense.  These five facts can also help you better understand how “easy” it can be to drink and drive.  As you will read below, it does not take much alcohol to become intoxicated enough not to drive safely. You will also read the effects of first DUI convictions on children and young people under 21 years old.  1. For drivers under 21 years old, California has...

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Do Police Have To Read Miranda Rights for a DUI arrest?

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Miranda rights, or Miranda warnings, are a set of warnings the police must give to someone before questioning them, after an arrest. The warnings include the right to remain silent and the right to have an attorney present during questioning.  When you are stopped on suspicion of a DUI, the police do not have to give you Miranda rights if you have not yet been arrested and/or are not being interrogated. Any questions that the police ask you before an arrest do not require Miranda rights before the questioning. Here are some easy questions to ask yourself to determine whether Miranda warnings...

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