Preliminary Alcohol Screening (PAS) – California DUI law for hand-held breath test gadget
California Vehicle Code section 23612 (h) A preliminary alcohol screening test that indicates the presence or concentration of alcohol based on a breath sample in order to establish reasonable cause to believe the person was driving a vehicle in violation of Section 23140, 23152, or 23153 is a field sobriety test and may be used […]
California DMV cases – after a California DUI – can be won
California DMV – Can you win your hearing after a California DUI arrest? California DUI arrestees often believe that if their blood or breath test was 0.08% or more, they will automatically lose their license. This is incorrect. For a California DUI Lawyer , there are procedural/legal/technical/scientific issues & defenses, resulting in winning many California […]
Change in California DUI law extends reporting period to 10 years
A person requesting an out-of-house/public driving record printout will have any DUI offense on her or his record appear for 10 years from the DUI violation date. This new law extends the reporting period for DUI offenses from 7 to 10 years for all public requestors, including insurance companies. Effective January 1, 2007, one may […]
Who to trust after a San Diego California DUI arrest?
Who should I trust? Trust only your San Diego California DUI Lawyer. Trust no one else. Please do not talk to your family, friends, co-workers, police, investigators, or prosecutors about your California DUI case. It’s none of their business. No one cares about your rights being protected except your San Diego California DUI defense attorney. […]
California DMV Writ of Mandate After DUI – DMV Hearing
California Writ of Mandamus (after DMV Hearing) If California DMV upholds the suspension order following a DMV hearing after a DUI arrest, the person whose license is suspended or revoked may file a petition for review of the order in the court of competent jurisdiction in the person’s county of residence. The petition for writ […]
California DMV Writ of Mandate After DUI – DMV Hearing
California Writ of Mandamus (after DMV Hearing) If California DMV upholds the suspension order following a DMV hearing after a DUI arrest, the person whose license is suspended or revoked may file a petition for review of the order in the court of competent jurisdiction in the person’s county of residence. The petition for writ […]
California DUI – DMV Administrative Per Se License Suspension Hearing
California APS Administrative Hearing: If the person arrested for a California DUI wishes to have the hearing (with the California DMV) held before the effective date of the suspension order, his or her California DUI lawyer must request the hearing within 10 days of receiving the DMV notice of the suspension order. The person must […]
California DUI – Independent Test Law
California Independent Test Law: The retained samples must be made available to the defendant’s California DUI lawyer on request for discovery. Suspension of Driver’s License for Alcohol Related Offenses Statutes: Administrative Per Se Law: if BAC is above 0.08%, license suspension. Refusal: If refuses to submit to testing, at least one year suspension. No priors- […]
California Chemical Test Laws
California DUI – Chemical Test Laws: Blood Test. For purposes of the implied consent law, blood will only be drawn at the request of a peace officer and only by a physician, nurse, licensed laboratory technologist or bio-analyst, specified regulated unlicensed laboratory personnel, or certified paramedic. Blood should be taken as soon as possible after […]
California DUI Statutory Presumptions & Implied Consent Laws
California Statutory DUI Presumptions: If the alcohol level was less than 0.05 percent, it will be presumed that the defendant was NOT under the influence of alcohol; If the level was 0.05 percent or more, but less than 0.08 percent, there shall be no presumption either way.buy temovate A blood-alcohol level of 0.08 percent or […]