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“Beating” a DUI Charge

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“Beating” a DUI Charge

The average person still assumes that an arrest for DUI is the virtual equivalent of a conviction for DUI. After all, why would the police go to all the trouble of arresting you if you aren’t guilty? Fortunately for anyone actually facing the charge, there are several ways to avoid a conviction for driving under the influence, and an arrest doesn’t automatically mean a conviction. However, “beating” a DUI charge will require the help of an experienced DUI defense attorney. ...

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Before You Agree to a Harvey Waiver

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Before You Agree to a Harvey Waiver

Frequently when a person is arrested, he or she is charged with multiple criminal offenses. One of the more common dual charges in California is a DUI charge combined with a hit-and-run charge. If you face combined charges, here’s what will happen. At your first hearing – your arraignment – the court will inform you of the maximum sentence you face, the prosecutor will offer you a plea bargain, and the court will ask you to enter a plea.

The plea ...

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Getting The Better Deal

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Getting The Better Deal

When charged with DUI, many California drivers think that hiring an experienced California DUI defense attorney is a waste of money; they think they’ll arrive at the same outcome with or without a good DUI defense lawyer at their side. The Judge may impose the same sentence at the end of the case, but that’s actually very rare. An experienced DUI defense attorney can almost always offer the court something that will move the final result in your direction.

For example, ...

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The First Word in DUI is “Driving”

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The First Word in DUI is “Driving”

In certain situations, you can actually be charged with DUI in California even when you are not driving. However, to convict you of DUI, a prosecutor must prove that, at some point, you actually were driving while you were intoxicated. If an experienced driving under the influence defense attorney can persuasively argue that you were not driving at all, then the prosecutor cannot meet the factors required to convict you, and the charge will probably be dropped.

Here are two examples. In ...

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The Second DUI

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The Second DUI

A DUI conviction in California is a serious matter, and it’s something you absolutely want to avoid. The best way to avoid a DUI conviction remains the simplest; if you anticipate driving, don’t drink. As serious as a first D.U.I. conviction can be, in California a second driving under the influence conviction is even more severe. The sentence for a second D.U.I. conviction includes mandatory jail time as well as higher fines and probation. If you are charged with DUI in ...

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The Standard Offer

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The Standard Offer

If you are charged in California with DUI, you will be assigned a court date. This first hearing is called an arraignment, where three things take place:

  • The judge will explain your charge(s) and the maximum potential sentence
  • The judge will ask you to enter a plea of guilty, not guilty, or no contest
  • The judge or prosecutor will give you a “standard offer”

A standard offer is the plea deal offered to all accused persons in your same situation. If others face the ...

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Boating Under The Influence

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Boating Under The Influence

Some California boat owners may not know that operating a vessel under the influence of alcohol or drugs is a criminal offense in our state. In fact, boating under the influence (or BUI) is a leading factor in many deadly boating mishaps.

Like drunk driving, you can be charged with BUI if your blood alcohol content (BAC) level exceeds the legal limit of 0.08 percent or if you are deemed too intoxicated to operate your boat or watercraft safely. It’s imperative ...

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Eating and Dui

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Eating and Dui

Food delays alcohol absorption; it’s been documented. The Journal of the Forensic Science Society published an extensive study on food and alcohol absorption back in 1991. Groups of subjects drank both light and regular beer on empty stomachs, during a lunch, and two hours after a lunch. Subjects registered a lower blood-alcohol content (BAC) level with light beer on an empty stomach than with regular beer; the same held true for beer consumed after a meal.

BAC levels for the two ...

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Police Officers and DUI

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Police Officers and DUI

If you’re charged with DUI and your case goes to trial, keep in mind that the police officer testifying against you is a professional witness. A police officer won’t be nervous in court and won’t be easily shaken by cross-examination. He or she has been questioned many times by a good driving under the influence defense lawyer. In other words, in the courtroom, you and your attorney should view the officer as a hostile adversary.

Despite this professionalism, law enforcement officers are ...

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The New DUI Situation

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The New DUI Situation

Driving under the influence of alcohol – DUI – is the most common violation of the law in the United States. It’s a difficult charge to defend against because it requires more science knowledge than most felonies.

DUI cases have grown increasingly more complex while the stakes for the person accused of DUI have gone up. In fact, the entire DUI scene has changed in ways that can best be characterized as revolutionary. These changes are no doubt due to heightened ...

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