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. Continue reading “Can I get a DUI while driving high?”
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 as to how to proceed from this point and you want to defend yourself, call me and we’ll examine your particular case and figure out what’s the best way to defend the case as we move forward. Continue reading “What is chemical testing?”
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 is really nothing more than a field sobriety test. If you’re 21 or over, you don’t have to do it. So you’re better off not doing any breath testing. You’re better off not doing any field sobriety test because all you’re doing is giving the officer evidence to use against you down the road. If you’ve been arrested for a DUI, and you’re not sure where to go at this point, give me a call so that we can examine your particular case, and figure out what’s the best way to defend the case. Continue reading “What are my rights if I get stopped by the police?”
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 can examine the particular factors of your case and figure out what is the best way to defend your case. Continue reading “How long does alcohol stay in your system?”
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 handled differently. Continue reading “What happens when you get a DUI in California?”