The California Vehicle Code provides for certain presumptions regarding blood alcohol content and intoxication during a DUI case. These presumptions determine who carries the burden of proof in determining whether someone is under the influence or has driven with a 0.08% BAC at the time of driving.
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Many criminal defense attorneys have the opportunity to plead their clients to a “wet reckless” charge instead of a DUI.
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A few weeks ago, in a blog I posted on the constitutionality of sobriety checkpoints, I mentioned that, in California, in order for a random sobriety checkpoint to be valid, checkpoints must be publically advertised, reasonably located, and must allow approaching drivers to navigate away from the checkpoint.
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Law enforcement agencies can easily detect whether someone has a blood alcohol content of 0.08% or above with the use of a breathalyzer machine.
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In my last post, I mentioned that establishments that serve alcohol to a noticeably intoxicated person may be subject to misdemeanor charges. I have received several questions regarding the exact liabilities of a vendor when they serve alcohol to patrons who later cause accidents, injuries, or even deaths as a result of drunk driving.
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Saturday is Cinco de Mayo and law enforcement agencies will, undoubtedly, be out in full force.
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Spring is wrapping up and summer is right around the corner. ‘Tis the season to grab some beers and hit the river! Or is it?
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During a DUI investigation, the investigating officer may initiate several field sobriety tests (FST). One test that may be administered is the Horizontal Gaze Nystagmus Test (HGN).
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Assemblyman Roger Hernandez, 36, of the 57th District based in West Covina, was arrested in Concord, California on March 27, 2012 on suspicion of driving under the influence. Continue reading →
