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Will a DUI Conviction Show Up in a Background Check?
Many people ask if a DUI conviction will appear on a back ground check. The answer is probably Yes. Different types of information may be included in an official background check from various sources; these may include driving records, criminal records, court records, etc. When applying for any job, it is usually best to tell the truth on employment applications. While employers may overlook the admittance of a DUI conviction, being caught in a lie may likely remove the applicant from consideration for the job. […]
What Happens in Court When Arrested for DUI?
When you are arrested for an alcohol related DUI (VC23152(b)), there are two separate and independent proceedings that are going to happen. First, the Department of Motor Vehicles (DMV) Driver Safety Office will take action against your driving privilege by trying to suspend your driver license. You have 10 days from the date of arrest to request a hearing with the DMV to contest the suspension. Note that if you are arrested for a drug related DUI (VC23152(f)) (no alcohol) the DMV will take no immediate action against your driving privilege. But if you are [...]
Jail time and other Penalties for DUI
People often ask how much jail time can a person expect for a DUI conviction. The answer is: it depends. It depends on several factors such as whether the case is filed as a misdemeanor or a felony. In addition, the circumstances of the case plays a significant role in determining the penalties. Also, what Court where the case is filed plays a role. In addition, there are more penalties to consider other than just jail time. Below is a discussion of the various penalties usually associated with DUI convictions: […]
Field sobriety tests, and their problems explained
Field Sobriety Tests are tools that an officer uses out in the field to help him or her form an opinion if a driver is under the influence of alcohol. Whether or not Field Sobriety Tests are accurate to begin with is an issue in itself. The more important question, however, is whether the officer administered the tests correctly, and did the officer interpret his observations of test clues correctly. […]
How long does a DUI stay on your record in California?
The short answer is that a DUI stays on your driving record for 10 years in California for the purposes of using it as a prior conviction to aggravate the penalties for a new DUI conviction. The 10-year period starts from the date of your arrest. A DUI conviction can stay on your criminal record much longer – even permanently. […]
Can I get a DUI while driving high?
Many people ask, “can i get a DUI for driving high?”, and the answer is yes. Alcohol is not the only way to get a DUI. Today, marijuana is legal in California as far as recreational use. And police officers are very well trained to detect marijuana use. Cops are very well trained to detect the use of prescription medication and marijuana. If you’ve been arrested for a DUI, give me a call so we can examine the facts of your particular case, and figure out what’s the best way to defend your case. […]
What is chemical testing?
Chemical testing is very complex. Whether it’s breath testing, blood testing, both have their flaws. Breath tests are either fuel cell devices which means that they are a hand held device, or they’re an infrared device which means that they use light in determining an alcohol concentration. If you have not reached absorption, and you have not reached equilibrium that breath test can overstate the results by 200% to 300% Blood testing is equally complex, because it’s done through a process of chromatography. If you’ve been arrested for a DUI, and you have a question [...]
What are my rights if I get stopped by the police?
People often ask, “what are my rights if I get stopped by the police?” The officer is going to ask for your registration, your license and proof of insurance. Other than that, you don’t have any obligations to answer his questions or to do anything else for that matter. The fifth amendment of the US Constitutions says that no one can force us to say anything that would incriminate ourselves. Officers will ask you to do a field sobriety test. Officers will often times ask you to blow into a preliminary alcohol screening device, which [...]
How long does alcohol stay in your system?
People often ask, “how long does alcohol stay in your system?” It really depends on the factors of your situation, and it also depends on genetics. Not everybody absorbs alcohol at the same rate. Not everybody metabolizes at the same rate, so it varies. It depends on what you drank, how much you drank, and the times that you drank. When you started, and when you finished. If you’ve been charged for a DUI, and you have questions as to what your blood alcohol concentration may be, then give me a call so that we [...]
What happens when you get a DUI in California?
Two Proceedings: There are two separate and distinct proceedings that occur with every alcohol related DUI arrest. First, the Department of Motor Vehicles (DMV) will take action against your driving privilege by trying to suspend your license. Second, the District Attorney/City Attorney will try to punish you for breaking the law by filing criminal charges against you in Court. The following is a summary of each proceeding. Keep in mind that even though both the DMV and Court proceedings arise from the same DUI arrest, each proceeding is independent from the other and each is [...]
