In this FAQ article, you can discover… Why you should never admit to drinking or provide unnecessary details to police during a traffic stop. Why it’s crucial to stay calm and polite with officers to prevent an escalation. How requesting a DUI attorney early helps protect your rights and limits the potential for damaging statements. What Information Should You Never Share With The Police During A California DUI Stop? If you are stopped for DUI, you should never volunteer information regarding how many drinks you’ve had, the medications you’re on, or where you were prior to being pulled over. While you must provide your driver’s license, registration, and proof of insurance, you are not required to respond to incriminating questions. Statements like “I only had one drink” can – and often will – be used against you. Why Is It Important To Stay Calm And Polite When Pulled Over For DUI In California? Being calm and respectful can make all…Read More
In this FAQ article, you can discover… Whether you can get a DUI charge in California if your BAC is below 0.08%. Whether first-time DUI charges are classed as misdemeanors or mere traffic offenses. How DUI laws apply when your vehicle is on private property. Can You Get A DUI In California If Your BAC Is Under 0.08%? California law enables police officers to arrest individuals for DUI even if their BAC is below 0.08% as long as they are impaired. If your driving is noticeably affected by alcohol or drugs (even at 0.04% BAC), you can still be charged. It is worth noting that commercial drivers and people under 21 face stricter standards. Can You Be Arrested For DUI In California For Taking Prescription Or Over-The-Counter Medications? Whether prescription or over-the-counter, a medication that impairs your ability to drive safely can lead to a DUI under California law. Common examples include sleep aids, allergy meds, anxiety pills – and…Read More
In this Q & A article, John Abel of John Abel Law Office in Fresno, CA, will break down… The basics of DUI expungement in California Who can qualify to have a DUI conviction expunged. How this process can help you move forward after a DUI conviction. What Does DUI Expungement Mean In California, And Who Qualifies? In California, a DUI expungement means the court reopens your case and dismisses your conviction after you've successfully completed probation and met all the terms of your sentence. To qualify, you generally can’t have any current criminal charges and must not have served time in state prison. The requirements are laid out in California Penal Code § 1203.4. Navigating the expungement process can be confusing, which is why you should speak with a DUI defense attorney. They can help determine whether you qualify and walk you through each step, making sure everything is handled correctly. With their guidance, you’ll avoid common pitfalls and…Read More
In this Q & A Article, you can discover…. Your legal options to appeal a DUI conviction. When and under what circumstances you can file an appeal. How an attorney can help you navigate the process. What Are The Legal Grounds To Appeal A DUI Conviction In California? To successfully appeal a DUI conviction, you must show that a legal error occurred during your trial or sentencing and that the error likely impacted the outcome. Some common appealable issues include: Improper admission of evidence Violations of your constitutional rights Incorrect instructions to jury members Ineffective legal counsel Misconduct by the prosecutor Even if something feels "off" about how your case was handled, not all mistakes justify an appeal. A skilled DUI lawyer can review the trial record and determine whether you have strong grounds to challenge the conviction. How Much Time Do I Have To File A California DUI Appeal After Conviction? Timing is everything in any California DUI appeal.…Read More
In this article, you can discover… What happens to your CDL immediately after a DUI arrest. Whether a DUI in your personal vehicle could impact your CDL. How to help protect your CDL and career after a DUI arrest. Q: What Are The Immediate Penalties For A CDL Holder Facing A DUI In California? A: Upon arrest for a suspected DUI, your CDL license will be confiscated, and a temporary driving permit will be issued in its place. If you do not take action to request a DMV hearing within 10 days of your arrest, your CDL will be automatically suspended. Be aware that for drivers of commercial vehicles, the legal BAC limit in California is 0.4%, half the BAC limit allowed for those driving a personal vehicle. Q: Can A DUI In My Personal Vehicle Impact My California CDL? A: Yes, if convicted, a first DUI in your personal vehicle can result in the suspension of your CDL for…Read More
In this article, you can discover… How to challenge the legality of a DUI stop in California. The role that blood and breath test results play in your DUI defense. How an officer’s observations and conduct could aid in your defense. Q: How Can I Challenge The Legality Of A DUI Traffic Stop In California? A: Your DUI defense attorney can help you challenge the legality of a DUI stop by examining each aspect of your stop and determining if there were police missteps or errors involved. If your DUI stop and arrest were handled improperly, this could lead to your charges being dropped or lowered. Every aspect of your stop, from the officer’s probable cause to the breathalyzer test results, can be analyzed and challenged. Q: Can Breathalyzer And Blood Test Results Be Challenged In A California DUI Defense? A: Yes, they can. It is not uncommon for breathalyzer machines to work improperly or be in need of calibration,…Read More
When being pulled over, it can be very tempting to do everything an officer asks you to, hoping it will earn their clemency and favor, but when it comes to Driving Under the Influence arrests, you are far better off understanding exactly what is at stake, and what you can refuse and why. This article explains how DUIs are defined in California, as well your rights when under arrest or investigation for driving under the influence, including: The legal definition of driving under the influence in California. Which breath tests you can refuse and why. What to expect during and after a DUI arrest in California. What Is The Legal Definition Of DUI In California? The legal definition of DUI in California is operating a motor vehicle while under the influence of drugs or alcohol to a level of impairment that would make the driver unable to operate safely. What Is The Blood Alcohol Concentration Limit For DUI In California?…Read More
While fines and jail time are certainly on the table after a DUI arrest in California, perhaps the most painful penalty in play is the loss of your ability to drive. In a country and state where driving is essential for family, professional, and everyday life, losing your driver’s license is an extremely severe penalty. This article explains how to protect your license after an arrest for Driving Under the Influence: Why you risk losing your license after a DUI arrest in California. The different kinds of DUI charges and the penalties that accompany them. How to defend against DUI charges with the help of a defense attorney. Do I Need A DUI Attorney To Protect My Driver's License? When you are arrested for Driving Under the Influence, your livelihood and freedom are at risk because you will invariably face a driver’s license suspension during your DMV hearing or after a conviction. To save it, you need a competent, experienced…Read More
