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Weather can impact DUI arrest numbers in different ways. For instance, it can impact the manner inwhich a DUI will be investigated, whether a police officer will be called to the scene of a DUI, or whether people will commit a DUI. There are many different scenarios in which weather can play a role in DUI defense. More people go out to events during nice weather than bad weather. There are more outdoor concerts, outdoor sporting events, and open air markets, for instance, during the warm dry seasons. Many of these events serve alcohol. Now contrast this with cold weather.… Read More

There are plenty of videos online showing motorists stopped at a checkpoint. Typically the checkpoints are either immigration checkpoints or DUI sobriety checkpoints. The videos are filmed in various states across the United States and are usually intended to show a citizen how to exercise his constitution rights for freedom from unreasonable searches and seizures under the 4th Amendment. What is important to understand, however, is that different jurisdictions are governed by different laws which dictate that jurisdiction’s standard as to what is an unreasonable search or unreasonable seizure. Immigration or border patrol searches are typically governed by Federal law.… Read More

Most people who are convicted of DUI or receive a DUI related license suspension suffer the frustration of trying to figure out how they are going to maintain their lifestyle without driving their car. How to avoid your boss finding out about your DUI? The above problems are compounded if you are a commercial truck driver or required to have a commercial license as a condition of your employment. (For example: firefighter required to drive a fire engine, paramedic required to drive an ambulance, or big rig driver.) . As you will read below, it does not matter if the… Read More

Traffic in any major city can be a nightmare.  The bumper to bumper 5mph on the streets; 15 mph on the freeways can take a toll on anyone’s patience.  There is nothing worse than being stuck on the same city block for one half hour to find out that the source of the delay is a DUI checkpoint.  Not an accident or construction – but law enforcement officers wanting to search people to see if they are driving impaired.  There are more law enforcement searches today than any other time in US history. In 1984, California began implementing sobriety checkpoints… Read More

An Expungement is a petition made to the criminal court (usually the sentencing court) requesting that the conviction be removed from your record and the underlying charges be dismissed. The judge has the discretion to determine whether he or she would like to grant or deny a petition for an Expungement of a DUI conviction. An Expungement only applies to the criminal conviction. It does not apply to any suspension issued from the DMV. So, if a person is successful in having the criminal conviction expunged in court that person may still have the DUI on his or her DMV… Read More

As mentioned in previous blogs, FSTs are used by law enforcement as a tool to determine whether an individual’s mental faculties as well as coordination and muscle control are impacted due to the ingestion of an intoxicating substance. One problem, however, with the use of FSTs is that they depend on the subjective observations of the arresting/detaining officer. This officer’s goal is strictly to compile evidence against the driver in order to prove that his/her arrest is legally justifiable.  As you will see from the ensuing contrast, FSTs are not only unfair in their implementation and but designed for the… Read More

Imagine, if you will, booking a flight to Canada to go skiing with family and friends. You make all of the proper arrangements – you have your rental car and hotel booked.  While filling out Canadian documents required to be completed for entry into Canada you notice there is a question regarding whether you have any criminal convictions.  “Does this question apply to the misdemeanor DUI conviction that you suffered 6 years ago?” you ask yourself.  You answer the question “no” under the mistaken assumption that a misdemeanor DUI conviction isn’t serious enough to disclose.  You land in Canada and… Read More

Whether a person can remain in the United States after a DUI conviction depends on several factors: the person’s citizenship status, that person’s history, and the severity of the DUI. Each factor must be analyzed in order to determine the immigration consequences, if any, of a DUI conviction. First, let’s look at a person’s immigration status. If a person is a US citizen, either by birth or naturalization, that person has an irrevocable right to remain in the United States. A citizen’s criminal history and the severity of the offense (or any offense for that matter) is irrelevant to the… Read More

Many people are under the mistaken belief that the roadside breath test is 100% optional.  I should state that it is 100% optional for some people.  For others, however, it is mandatory and failure to provide a sample is deemed a chemical test refusal.  For purposed of brevity, I will divide this discussion into two types of roadside breath tests – the preliminary alcohol screening test (“PAS”) and the evidential breath test. The PAS test is primarily used as an investigative tool in order determine whether there is probable cause to arrest an individual for driving under the influence.  The… Read More

The California Vehicle provides the following rule for a violation of the Implied Consent Law. VC section 13353.(a) If a person refuses the officer’s request to submit to, or fails to complete, a chemical test or tests pursuant to Section 23612, upon receipt of the officer’s sworn statement that the officer had reasonable cause to believe the person had been driving a motor vehicle in violation of Section 23140, 23152, or 23153, and that the person had refused to submit to, or did not complete, the test or tests after being requested by the officer[.] The above language was taken… Read More