DUI Blog

Court Ordered Alcoholics Anonymous Classes in DUI Cases

Posted by Robert Berglund | Jun 12, 2017 | 0 Comments

Alcoholics Anonymous (AA) is a support group whose stated "primary purpose" is to help alcoholics "stay sober and help other alcoholics achieve sobriety."  AA members follow the principles outlined in "The Big Book, which suggests a twelve-step program in which members admit that they are powerle...

Residential Alcohol and Drug Treatment Programs

Posted by Robert Berglund | May 31, 2017 | 0 Comments

A person convicted of 3rd offense DUI faces 120 days minimum in county jail.  A person convicted of a felony DUI could be sentenced to years in prison.  A good DUI Lawyer will discuss alternative sentencing options with the prosecutor and Judge.  One such option may be for the client to serve his...

Times Square Driver Arrested on Suspicion of DUI

Posted by Robert Berglund | May 18, 2017 | 0 Comments

Tragedy struck New York City today when an alleged DUI driver plowed into a crowd in Times Square.  The driver was allegedly high on synthetic marijuana at the time of the incident.  A 26 year old man named Richard Rojas was arrested following the crash which killed one person and injured at leas...

How Long is My DUI License Suspension?

Posted by Robert Berglund | May 16, 2017 | 0 Comments

If you are convicted of Driving Under the Influence (DUI) you're California driver's license will be suspended.  The length of suspension will be determined by a number of factors, including the number of prior offenses you have, whether or not the DUI involved injury, how high your blood alcohol...

Mandatory Watson Admonition in DUI Cases

Posted by Robert Berglund | May 09, 2017 | 0 Comments

If you are convicted of reckless driving involving alcohol ("wet reckless"), DUI, or DUI with injury, the Court will read you the following admonition during sentencing:  "You are hereby advised that being under the influence of alcohol or drugs, or both, impairs your ability to safely operate a...

Restitution in DUI Cases

Posted by Robert Berglund | Apr 27, 2017 | 0 Comments

Restitution is defined as an act of making good, or giving the equivalent for, any loss, damage or injury.  Restitution is frequently ordered by the courts in DUI cases involving injury or property damage.  Criminal courts will order payment of restitution by the defendant to the victim as a cond...

Plea Bargains in DUI Cases

Posted by Robert Berglund | Apr 21, 2017 | 0 Comments

If you have been arrested for Driving Under the Influence (DUI) criminal charges will likely be filed against you.  You have the right to a jury trial if you are facing criminal charges.  However, most criminal cases do not proceed to trial.  Rather, they are settled before trial in what is calle...

Rules Must be Followed for DUI Blood Draws

Posted by Robert Berglund | Apr 11, 2017 | 0 Comments

If you are arrested for Driving Under the Influence (DUI) in California, the current law requires you to submit to breath or blood test to measure your blood alcohol content (BAC).  If you are over the .08 legal limit, and the test was conducted within 3 hours of the time of driving, it is presum...

.05 versus .08 Legal Limit

Posted by Robert Berglund | Mar 18, 2017 | 0 Comments

It is illegal to driver a motor vehicle in California with a blood alcohol concentration of .08 or greater.  This is the law in every state.  However, Utah is on the verge of becoming the first state to lower the legal threshold to .05.   Will other states follow Utah's lead?  This issue is not w...

Ignition Interlock Device (IID) Requirements

Posted by Robert Berglund | Mar 09, 2017 | 0 Comments

The Ignition Interlock Device (IID) is required for repeat DUI offenders as well as first time offenders in Los Angeles County, which is one of four California counties that require the IID on a first time DUI offense.  The IID is installed in the vehicle and prevents it from starting if the driv...

DUI - Alcohol and Drug Education Classes

Posted by Robert Berglund | Mar 05, 2017 | 0 Comments

Many people facing Driving Under the Influence charges wonder if they will be required to attend classes if they are convicted of DUI.  The answer is yes.  Not only will classes be required by the court but, in most instances, will also be required by the California Department of Motor Vehicles b...

Can I Get My DUI Conviction Expunged?

Posted by Robert Berglund | Feb 23, 2017 | 0 Comments

California Penal Code Section 1203.4 allows a person who has fulfilled the conditions of probation for the entire period of probation, or has been discharged prior to the termination of probation, to petition the Court to have their criminal conviction vacated and the case dismissed.  The petitio...

Do You Really Need a DUI Lawyer?

Posted by Robert Berglund | Feb 14, 2017 | 0 Comments

The majority of people that have been arrested for DUI are experiencing the criminal justice system for the first time.  DUI cases are different from the majority of other criminal cases.  DUI arrests can happen to people from all walks of life and across the economic spectrum.  If you are caught...

Attacking Field Sobriety Tests

Posted by Robert Berglund | Feb 07, 2017 | 0 Comments

As we discussed previously in our DUI Blog, Field Sobriety Tests (FST) are used by law enforcement officers as an investigative tool to determine if a driver is drunk or impaired in some manner.  During cross-examination of the police officer during trial, a good DUI Lawyer will call into questio...

DUI Investigations on Camera

Posted by Robert Berglund | Feb 03, 2017 | 0 Comments

Many people that have been arrested for DUI ask whether the DUI investigation that was conducted was captured on video.  The answer is sometimes.  Some or all of the investigation may have been recorded.  Many law enforcement agencies utilized both video and audio recordings during DUI investigat...

California DUI Penalties (Injury Cases)

Posted by Robert Berglund | Jan 30, 2017 | 0 Comments

Similar to those in non-injury cases, California DUI with injury penalties depend on how many prior offenses a person has and whether there were any aggravating factors in the case.  In a Vehicle Code Section 23153 DUI with injury case, the existence of aggravating factors, such as the extent of ...

California DUI Penalties (Non Injury Cases)

Posted by Robert Berglund | Jan 25, 2017 | 0 Comments

California DUI penalties in criminal cases depend on how many prior offenses a person has and whether there were any aggravating factors in the case.  Aggravating factors can best be described as "any fact or circumstance that increases the severity or culpability of a criminal act."  In DUI case...

Rising Blood Alcohol Content in DUI Cases

Posted by Robert Berglund | Jan 11, 2017 | 0 Comments

California Vehicle Code Section 23152(b) makes it unlawful to drive a motor vehicle with a .08 percent or greater blood alcohol content (BAC).  The key language to this law is that the driver's BAC was .08 or greater at the time of driving, not at the time the breath or blood test was given.  Whe...

Driving on a Suspended License

Posted by Robert Berglund | Dec 22, 2016 | 0 Comments

It is a misdemeanor criminal offense in California to drive a motor vehicle with a suspended or revoked driver's license.  This law is set forth in Vehicle Code Section 14601 and its subsections.  To convict a person for driving on a suspended license, the prosecutor must prove only two things: 1...

Fourth Amendment in DUI Cases

Posted by Robert Berglund | Dec 14, 2016 | 0 Comments

The Fourth Amendment provides that all people in the United States should be free from unreasonable searches and seizures.  While technically the Fourth Amendment only applies to action by the federal government, this right applies to the states through the Due Process Clause of the Fourteenth Am...

Proving Impairment in Marijuana DUI Cases

Posted by Robert Berglund | Dec 10, 2016 | 0 Comments

The prosecution must prove a driver charged with marijuana DUI lacked the "ability to drive with the caution characteristic of a sober person of ordinary prudence under the same or similar circumstances."  Basically this means the prosecutor needs to show the person's ability to drive was impaire...

DUI Checkpoint Laws - Part 2

Posted by Robert Berglund | Dec 07, 2016 | 0 Comments

In our last blog post, we provided an introduction to DUI sobriety checkpoints and the Ingersoll guidelines that govern their implementation.  To recap, the following guidelines should be followed for a valid DUI checkpoint: 1.  Decision making by supervising officers; 2.  Limits on the discret...

DUI Checkpoint Laws - Part I

Posted by Robert Berglund | Dec 05, 2016 | 0 Comments

DUI checkpoints, also known as sobriety checkpoints or DUI sobriety checkpoints, are locations where law enforcement officers are stationed to check drivers for signs of intoxication or impairment.  Law enforcement agencies use DUI checkpoints as part of their campaigns to deter drunk driving.  T...

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