Monthly Archives: January 2015

Understanding a DUI Case and situations where a DUI Attorney can help you

What is a DUI Case?

DUI cases are criminal cases

Keep in mind that driving under the influence , DUI cases are criminal cases, are criminal cases, are not considered traffic offenses.
Many people believe that they have been given an alcohol driving offense, an offense is committed by skipping a stop or a traffic light.
DUI refers to “Driving under influence,” meaning driving under the influence of alcohol or any other substance, such as marijuana or
even certain medications that make driving difficult.

Alcohol or Marijuana – What is a DUI Case?

Something that is not taken into account when a person drives under the effects of, for example, alcohol or marijuana, is the consequence that this will have. When it is your first offense you are suspended for 6 months; The second offense carries a 2 year suspension and with the third offense can reach 10 years.

Since it is illegal in California for a person to drive without a license

In short, it is not only the immediate penalty you can have, there are also administrative consequences. If a friend or relative with the suspended license asks for your vehicle, do not leave it, since it is illegal in California for a person to drive without a license, and this carries a maximum sentence of 6 months imprisonment in the county jail.

Criminal Record – What Is A DUI Case?

In addition the consequences of driving under the influence do not end here, since if found guilty, you will have a record in your Criminal Record and this will have very important consequences for finding work, housing, loan and insurance. Any person can access the register of his criminal conviction and consult it with only his name and date of birth.


1. Probable Cause

A police officer or California Highway Patrol (CHP) must have a probable cause (a good reason) to arrest the suspect.
Reasons include:

The deviating more than once out of a curry, rear light / broken head, speeding, breaking traffic laws or expired license plate.

Without probable cause, regardless of your blood alcohol level, you have a case that could be naked!

2. Alcohol Level

The prosecution has to prove that you were with an alcohol level of 0.08% or more when you were driving.

The breathalyzer should also be calibrated every 10 days or within 150 uses o Results will not be accepted!

3. Observation

The officer suspected of being under the influence should watch for 15 minutes before re-testing his blood alcohol level by way of encouragement.

4. Chain of Custody

There must be a chain of custody for any blood that is drawn, if there is not, they will not be accepted either!

These are just a few areas where law enforcement officers can make mistakes. Our firm specializes in identifying and exploiting the oversights taken by the authorities; Thus ensuring all possible strategies that could potentially allow even avoid punishment under the law.