DUI Law
Marijuana DUI in California
Recreational use of marijuana became legal under California law on January 1, 2018. However driving “under the influence” of marijuana is still illegal (Vehicle Code 23152(f)). With the passage of Assembly Bill 64 (Prop 64), adults in California can now buy marijuana legally for recreational purposes. Law enforcement believes that “stoned driving” is going to become more of a problem on California roadways because of the legalization of recreational marijuana. Accordingly, law enforcement is very likely to devote even more resources and energy to enforcing California’s marijuana DUI laws. […]
What is the difference between DUI and DWI?
What is the difference between DUI and DWI? A lot of people think that there is no difference between a DUI and a DWI. However, driving while under the influence, or a DUI, is deemed to be a lesser charge because you are just under the influence of alcohol. […]
What is a felony DUI?
A felony DUI is a DUI that is the worst kind. In any criminal case, you have misdemeanors, which essentially are criminal cases that are punishable by County Jail up to a year and maybe a fine up to $1,000, probably a lot less when it comes to the DUI, but when you get into a felony DUI, you’re looking at potentially state prison. […]
What does the term DUI per se mean?
A DUI per se is basically a legal limit with regard to an alcohol level, that if you’re at that limit, and the government can prove that you were at that limit at the time of driving, in California, it’s 0.08 or more, then presumably, you are guilty of the crime of DUI. […]
What happens when I get a DUI?
When you get a DUI in California, there’s actually two independent proceedings that are going to occur. The first one is the DMV taking action against your driver’s license. When you get arrested, the cop takes your license. He gives you a pink document, which essentially is a DMV order of suspension. […]
How long is a DUI on your record?
A DUI will stay on your record for a long time: 10 years. It’s priorable for 10 years. That means that if you get another DUI in the 10-year period, this first DUI is going to act as a prior conviction, and that’s going to aggravate the new DUI which means that the penalties are going to be greater. […]
What is a field sobriety test?
Field sobriety tests are tools that officers use to help them determine whether or not you’re under the influence. That’s the stated definition of that. The reality is they are just roadside agility tests that officers are going to have you do so they can say you didn’t do them right. […]
How much jail time for a DUI?
People often ask, “How much jail time am I looking at if I get convicted of a DUI?” The answer to that question is it depends. It depends on what are the factors related to your particular DUI case. Are there aggravating factors? Do you have prior convictions? […]
Do I have to go to court for a DUI?
When you get arrested for a DUI in California, there is two proceedings that are going to happen independent of each other, yet they’re going to go simultaneously. The first one is the DMV, they’re trying to suspend your license. The second proceeding is the court case. The court case, you’re going to have an arraignment. That’s the first hearing. At the arraignment, the court is going to advise you what you’re charged with and take your plea. […]
What is aggravated DUI?
An aggravated DUI is a DUI that has factors that, in essence, make it worse. Generally, with any criminal case, you might have mitigating factors and aggravating factors. With regard to a DUI, the mitigating factors would be that maybe we’re just that the legal level, maybe you’ve never been in trouble before. […]
