The Right to an Independent Test in California

All states require a suspect in a drunk driving case to submit to a chemical test, breath blood or urine. In California if the arrestee chooses a breath test he also has the right to a second independent test of blood or urine in order to save a sample for retesting if he chooses. the test will be at the person's expense and is only permitted when breath is the first test. the rationale is that the breath cannot be saved and therefore if a sample is desired for retesting then a bllod or urine can be requested.

What is Retrograde Extrapolation?

In some cases a person's blood alcohol level may not be high enough to attempt to punish him or her for driving with a proscribed level. In these cases the prosecutor will try an "relate back" the BAC to the time of driving in an effort to show the BAC was higher at the time of drving versus the time the test was administered. Some believe that this is nothing more than an educated guestimate. To do this the DA will use an expert to use various "known" facts and assume the other unknowns. This practice is frowned upon by many DUI scientists yet many Judges will allow the evidence despite crticism by those in the scientific community.

California DUI Laws

No area of the law has undergone such a significant change over the last 20 years than that of California DUI Law. Indeed, the legislature has tinkered and toyed with various aspects of the criminal drunk driving laws such as sentencing, enhancing sentences through new statutes that impose more severe jail requirements under certain factual circumstances such as speeding, having children in the car and having elevated blood alcohol levels. The state has shortened the time period that a DUI prior can be used in the current case. An increase in the length of DUI schools, adding three additional programs. All of these changes just in the last decade or so. What changes will we see in the coming years? Time will tell.

The New Law About DUI Ignition Interlock Requirement

Last year the California Legislature came up with a bright idea to force first time DUI offenders with no other record to install a device in every car they own that would block any attempt to start the vehicle without a blow from a human that has no alcohol in their breath. The pilot programs in Los Angeles, Tulare and Kings County would be part of DUI probation and would remain on the car for a minimum of three months. According to one Burbank DUI Lawyer , the new law is a complete waste of money and an undue hardship for most first offenders. "The new law only benefits the companies that install the devices" there is little deterrent effect in the implementation of the program and the Courts will be overwhelmed in an already tight budget crisis. Some believe that the new law should be looked at again and repealed. What are your thought?

Enjoying the Beach, Avoid coming on vacation and leaving on probation

With the summer here and temperatures soaring, many are visiting local beach communities but find themselves being arrested for a DUI. One Grover Beach DUI Attorney has warned that watch out for local police who ramp up the enforcement and DUI patrols when the temp warms up. Avoid being arrested by following these 3 basic rules: If you drink do not drive, If you have no one to drive for you take a cab home and If you are going out to party leave your car keys at the door. have fun this summer!

Can a Medical Marijuana Defense be Lodged Against a DUI Charge

With many in California getting a doctor's recommendation to smoke marijuana comes the frequent question of whether a prescription for pot use can be a defense to a DUI? The short answer to this question is no. California law proscribes a person from driving under the influence of alcohol or drugs. Just as a person cannot go into Court and claim that they purchased alcohol legally or purchased pain killers legally, they cannot say that they can drive while under the influence of pot just because they had a prescription, period!

Is There a Crime of Parking While Drunk

More often nowadays attorneys are seeing cases involving individuals arrested for DUI that were not actually driving . The question many folks have is whether it is legal to arrest foe drunk driving when the suspect was actually parked. The officer is permitted under California law to arrest if he suspects that the person was driving when they were intoxicated even if they were not driving when the officer pulled up. Th bottom line is that there must be sufficient circumstantial evidence that shows a crime did occur, ie. that the person admitted to having too much to drink and driving or that the engine is running or that the car is blocking traffic, etc.