Forced blood draw of probationer suspected of DUI does not violate the Fourth Amendment The People, v. Manuel Miramontes Cruz, Jr. F074667, Filed 4/25/2019; 2019 WL 1856600 Probationer with a prior DUI conviction refuses to consent to chemical DUI test Defendant Manuel Miramontes Cruz, Jr., was charged with driving under…
Articles Posted in DUI
Using criminal process to collect court fees and assessments from indigents is unconstitutional
Defendants who plead or are found guilty of traffic violations and other misdemeanors are typically assessed court fees and fines under Gov. Code, § 70373, Pen. Code, § 1465.8, and Pen. Code, § 1202.4, Unpaid fines usually go to collections without further order of the court. Courts must determine a…
New Laws Affecting Motorists
New and changed laws that took effect January 1 will affect drivers in California. The following information was issued by the California Department of Motor Vehicles. Temporary License Plate Program (AB 516, Mullin): Designed to reduce toll evasion Licensed California dealers, of new and used vehicles must attach temporary paper…
‘Implied Consent’ and How You Possibly Can Avoid a Suspension of Your California Driver’s License for Failing to Provide an Adequate Breath or Blood Sample
California has something called an “implied consent” law. This means if you are arrested for driving while intoxicated, it is implied that you have consented to a blood or breath test. Your refusal can trigger a suspension of your driver’s license. You may be able to avoid that license suspension,…
What is an Expungement, How Can it Help Me, and How Do I Go About Obtaining One in California?
A DUI conviction can have a serious impact on your life. It may cost hundreds in fines, may negatively affect your insurance rates, and may even affect the jobs at which you can work. (As an example, a DUI on your record will probably prevent you from driving for Uber…
What to Do When You’re Been Arrested for Felony DUI in the Bay Area
Certainly, most everyone understands the importance of refraining from drinking and driving. However, if you should err, end up behind the wheel after a few drinks and get into a fender-bender, you obviously wouldn’t want to spend years behind bars. Did you know that, even if the injuries suffered in…
New Bill Effective July 1 Changes the California’s Legal Limit for a DUI Charge for People Operating as Rideshare Drivers
Ridesharing services have been very successful in recent years, and many times these businesses provide a valuable service to the communities they serve. They can also provide a valuable source of income for the drivers with whom the companies contract. As of Jul 1, 2018, the law has changed and…
San Diego Man Gets Jail Time for DUI Charges that He Dodged for 6+ Years, According to News Report
With all the talk today about “fake news” and the quality of journalistic reporting, some have come to question the value of what they read or hear from news sources. One thing news sources do unquestionably well, though, is highlight cases that serve as “what not to do” warnings for…
Military Diversion: One Extra Option Available to Some Veterans Charged with DUI in California
If you’ve just been charged with misdemeanor drunk driving, you may think that this type of charge doesn’t really require you to retain legal counsel. After all, it’s just a misdemeanor, so it won’t affect your life that much, right? Furthermore, you might think that you can “get out of…
When Blood Evidence Collected Without a Warrant Should Be Excluded in a California DUI Trial
The U.S. and California Constitutions protect citizens from unreasonable searches. That protection can be especially important if you have been accused of driving while under the influence of alcohol. If the police have obtained your blood without first getting your informed consent or a valid search warrant, the blood-alcohol content…