Posted on August 09, 2023 in DUI

Driving under the influence (DUI) cases are common cases that are very serious in nature, with a conviction on such charges levying severe legal and personal consequences. However, with advancements in scientific research and the growing understanding of the complexities surrounding blood alcohol concentration (BAC) levels, new defense strategies for DUI have emerged. Today, we will explore the rising blood alcohol defense, a defense strategy gaining traction in many DUI cases across California. Luckily, legal professionals are available for those who have been charged with DUI, greatly increasing the chances of pursuing a case outcome that is favorable to the individual charged.

Understanding What Rising Blood Alcohol Means

This DUI defense strategy is centered around the concept that an individual’s BAC was not above the legal limit while operating a vehicle but increased to an unlawful level of 0.08 percent after driving. The defense argues that the BAC measurement at the time of testing was higher than the actual level while driving due to the body’s metabolism processes.

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 Posted on July 12, 2023 in DUI

Facing charges for driving under the influence (DUI) as an underage individual can be extremely daunting and have long-lasting consequences. However, it is important to remember that everyone deserves a fair defense. With strategic legal steps, there are defense strategies that can be utilized to protect your rights and ensure a favorable outcome. This blog aims to explore some effective defense strategies for those who find themselves facing underage DUI charges. If you are a juvenile facing DUI charges, contact an experienced criminal defense attorney to begin the process of building your defense and protecting your future. 

Defense Strategies for an Underage DUI 

Here are some defense strategies to consider if you are juvenile facing DUI charges, including:

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 Posted on June 08, 2023 in DUI

Being pulled over for a suspected DUI in California can be a nerve-wracking experience. One of the first things many law enforcement officers do is ask suspects to perform field sobriety tests (FSTs). While these tests may seem simple enough, they can have profound implications. A DUI conviction can dramatically change a person’s life, not for the better. It is essential that drivers understand their rights and what to expect during FSTs.

If you are ever arrested for DUI after failing an FST, contact an attorney immediately to understand the next steps in your case, which will likely include building a defense against the assertions of the police and prosecution. 

What Are Field Sobriety Tests? 

Field sobriety tests are standardized assessments law enforcement officers use to evaluate a driver’s level of impairment from drugs or alcohol. There are three types of FSTs commonly used in California, including:

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 Posted on May 08, 2023 in DUI

Facing charges for driving under the influence (DUI) can be a very stressful and frightening experience, especially for first-time offenders. In California, penalties for DUI can be steep, and understanding your legal options is essential in order to fight the charges against you and to try and obtain a favorable case outcome. If you have been arrested for a first-time DUI, contacting a DUI defense attorney is essential, as a DUI conviction can have seriously detrimental consequences. While hiring a lawyer does not by any means guarantee an acquittal, it does ensure your rights and interests will be safeguarded at all times. 

Keep These Things in Mind

Here are some essential considerations if you have been charged with a first-time DUI, including:

• Call a specialized DUI attorney – If you are facing a first-time DUI charge, you must hire an attorney specializing in DUI cases. Your attorney will work closely with you to develop your defense and choose the most appropriate strategy for your situation.

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 Posted on April 10, 2023 in DUI

If you are facing a DUI charge, finding the right lawyer to represent you is essential. A DUI conviction can have serious adverse consequences, such as fines, license suspension, and even jail time. However, those involved in these cases can work with an attorney to protect their rights and best interests.

What to Consider When Selecting Your DUI Attorney

Here is what to consider when you are preparing to hire a DUI attorney, including:

• Experience – Look for a DUI lawyer with a proven track record of successfully handling DUI cases. A lawyer who has been practicing for years will likely have the knowledge and experience to understand the complexities of DUI law and may have established relationships with prosecutors and judges. 

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 Posted on March 07, 2023 in DUI

As law enforcement focuses on its battle with drunk driving, lawmakers will often introduce new bills in order to strengthen the tools that police have to catch drunk drivers and the penalties that the courts can enforce if the driver is found guilty. Some of these bills pass and some do not, but it can make it confusing to understand what the current DUI laws in California are. The following are some of the common FAQs about drunk driving that the legal team at Burglin Law Offices, P.C. are often asked.

What Is Considered Legally Intoxicated Under California Law?

Under current California, the blood alcohol concentration (BAC) level that could result in a DUI charge is:

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 Posted on February 03, 2023 in License Suspension

Most people know that you can lose your driver’s license if you are arrested for driving under the influence of alcohol or drugs (DUI) in California. However, many people do not realize that there might be a way to get the suspension of your driver’s license rescinded, but doing so generally requires the help of a qualified attorney.

You Have the Right to a Court Hearing Regarding Your Suspension

If you refuse blood-alcohol content (BAC) testing following a DUI arrest, the state of California imposes an automatic suspension of your driver’s license. For most people, this suspension lasts for one year, presuming that it is your first offense. The law in California, however, gives you the right to a court hearing to challenge the suspension. At this hearing, your lawyer can question police officers and present arguments as to why your license should not have been suspended.

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 Posted on January 06, 2023 in DUI

California prohibits drivers from operating while they are under the influence of drugs or alcohol. Both legal adults who are able to legally consume alcohol as well as people less than 21 years of age can be charged with driving under the influence (DUI). Adults in California face charges if their blood alcohol concentration (BAC) is 0.08 percent or greater. People under 21 years of age must comply with the zero-tolerance policy in California under which a person can face possible penalties for driving with a BAC of as little as 0.01 percent.

A zero-tolerance violation results in a one-year driver's license suspension. Alleged offenders with BACs of 0.05 percent or higher face a one-year suspension as well as mandatory alcohol education classes. If an underage driver has a BAC above 0.08 percent, he or she will face the same DUI penalties as adults over 21 years old. 

Underage DUI Penalties

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 Posted on December 05, 2022 in DUI

Many people who are arrested for driving under the influence (DUI) of alcohol or drugs in California become immediately fearful that a conviction is imminent. In actuality, many alleged offenders in these cases have a variety of defenses that could allow them to avoid conviction.

Prosecutors in these cases are motivated to try and portray alleged offenders as being particularly reckless, but a criminal defense attorney can make a world of difference in determining your defense options. 

Possible Legal Defenses Against DUI Charges

When you are considering possible DUI defenses, these are some of the most common defenses:

• Breath Test Errors — Numerous issues during a test can impact its validity, as testing devices may malfunction, environmental factors may contribute to false positives, and other issues can lead to test results being thrown out.

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 Posted on November 15, 2022 in License Suspension

Few penalties associated with driving under the influence (DUI) arrests hit people as hard as driver’s license suspensions because the loss of driving abilities often dramatically changes how people operate on a daily basis. Anybody who is dealing with a DUI and needs help seeking driver’s license reinstatement in California will want to be sure that they retain legal counsel for help satisfying all of the many demands placed on people seeking restoration of their driving privileges.

Those who are convicted of DUI offenses in California can be subject to a wide range of possible suspension periods, and a person is not automatically reinstated as a lawful driver once the suspension ends. There is instead a full reinstatement process a person must complete to be considered a lawful driver again.

How Reinstatement Works in California

Seeking reinstatement is not the same as challenging your suspension, which you can legally do after your DUI arrest when a police officer gives you a notice of suspension. You will have 10 days to request a California Department of Motor Vehicles (DMV) hearing that is overseen by a DMV employee. This type of hearing only requires the DMV to prove a person was arrested for violating state DUI laws by a preponderance of the evidence, which is a much lower standard than beyond a reasonable doubt.

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