Impossible to Get a Search Warrant in California For a Blood Draw? Not So Says A Long Beach DUI Attorney

Recently, in a United States Supreme Court case, the government argued that obtaining a search warrant for a blood draw of a DUI suspect was difficult to do withing the context of a drunk driving arrest.  However, in California a system is alreadfy in place to get a telephonic search warrant.  As an alternative to written affidavits California Penal Code 1526(b)(1) permits sworn oral statements that are subsequently transcribed. For example, the affiant may phone the magistrate, state...

Is a Citizen's Arrest in California for DUI Legal?

In California, a police officer is not the only individual that can effectuate an arrest for a DUI.  A citizen’s arrest for DUI is proper when based on the citizen’s observation that the defendant was driving under the influence; in so doing, the citizen may delegate to a peace officer the act of taking the defendant into physical custody. This authority is vested in CA Penal Code 837.   For example, in one recent case, the Court ruled a citizen may make arrest for misdemeanor committed...

DUI Drivers Targeted This July 4th

July 4th weekend 2013 promises to be a banner holiday for law enforcement, the state of California has earmarked over a million dollars to checkpoint utilization and enforcement, saturation patrols will make up the remainder of the budget.  Los Angeles County alone has implemented a task force approach will will involve numerous city police agencies and a mobile phlebotomist who will be available to collect samples from DWI suspects for DMV and Court purposes.  The Torrance police alone...

Summer Travel Equals Higher DUI and Speeding Citations

With the heat rising into the summer months most police agencies report a higher uptick in speeding violations. According to one recent survey of California law enforcement, the average stop for speeding will be a chance for the cop to do a quick sobriety check of the driver. According to Coalinga Speeding Ticket and DUI Attorney , based along the interstate 5 freeway in CA, the most common reason for stopping and arresting a drunk driver is excessive speed. With this bit of knowledge we are...

Ignition Interlock For DUI Offenders, The New Paradigm

California may be the first state in the nation that mandates an ignition interlock for all first times DUI offenders. In a new pilot program starting g in July all first offense drunk driving defendants will be ordered to install and maintain an ignition interlock on all motor vehicles as part of their probation in counties such as Los Angeles, Tulare and others. Will this become the norm? Time will tel...

Are Field Sobriety Tests Accurate?

This is an age old question that many pundits frequently raise within the context of arguments for and against DUI enforcement.  The answer to this question can perhaps best be found within the scientific literature that encompasses the area of drunk driving research.  In one study the researchers found that field sobriety tests are only accurate in predicting impairment relative to driving under the influence, about 70 percent of the time.  This statistic takes into account the...

Looking For a DUI Attorney in Los Angeles? Watch Out For The Traps

For those consumers that are searching for a DUI Attorney in Los Angeles the choices that are displayed on the search engines can seem overwhelming.  What you need to understand is the difference between the organic search results and the sponsored listings that are generated by lawyers that pay to have their names posted above what google thinks are the most relevant results for the query.  For example, if your type in a search for DUI lawyer the results will display at least 3 listings...

The Future of DUI Defense

The laws of California DUI are in a constant state of flux. For example, the MADD lobby has pressed for stiffer punishment of first time offenders by enactin the IID requirement that goes into effect in July 2010. The insurance industry has gone crazy by requiring those that get a DUI to get an SR-22 and jacking up the insurance rates for first time convictions, the Supreme Court has all but eliminated the fourth amendment when it comes to a drunk driving arrest, what is next? we will se...

Fun, Sun, The Beach and DUI this Summer

With summer comes fun in the sun, drinking and sometimes over consumption of alcohol. No doubt the best advice when indulging is to avoid any driving. Invariably however there will be those that do not heed this advice and get arrested for DUI. One Seal Beach DUI Lawyer offers the following advice if arrested: First do not volunteer any information about the number of drinks you have had, Second, comply with all requests except do not volunteer to do any FST exercises if they are requested,...

A DMV Hearing Attorney Gives An Overview of DMV Hearings in California

In California the DMV can suspend an individual's drivers license in a varety of ways. Perhaps the most frequent actions commenced are those related to the abuse of alcohol and/or drugs. Statistically, the most common are the Administrative Per Se (APS) suspension hearings, also referred to as DUI hearings which arise out of a drunk driving arrest. This area is discussed more fully in our DMV Information page. These hearings are conducted at Driver Safety offices...

Manhattan Beach DUI Attorney Explains the Meaning of "Bodily Injury" in Felony DUI Cases

The California Vehicle Codes makes a DUI a felony when "bodily injury" results from any unlawful act caused by the drunk driver. Vehicle Code §23153 only requires proof of “bodily injury,” not proof of “substantial bodily injury” or “great bodily injury.” said the Court in the case of People v Guzman (2000) 77 CA4th 761 where the justices held that the California statute only requires proof of “harm or hurt to the body”. Minor injuries will satisfy the statutory requirement such as abrasions, lacerations,...