Posted on November 19, 2024 in DUI

When a law enforcement officer stops a vehicle and suspects the driver of driving under the influence (DUI), he or she may ask the driver to submit to a field sobriety test. A field sobriety test is a roadside examination of the driver’s cognitive and motor functions with the aim of assessing whether he or she is impaired. Field sobriety tests are considered subjective, meaning the results are based on the police officer’s judgment and not on an impartial machine. 

If the officer feels a driver has failed a field sobriety test, he or she can reasonably assume the driver is impaired and make a lawful arrest. Field sobriety tests are not mandatory, but it is important to understand what can happen if you refuse them. For more details and to know your rights if you are pulled over for a DUI, speak with a California DUI defense attorney.

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 Posted on October 23, 2024 in DUI

Driving under the influence (DUI) is one of the most common crimes in California. Last year, there were a reported 125,000 DUI-related arrests, averaging about 340 a day. There were over 200,000 crashes and more than 4,000 deaths from DUI collisions.

A DUI offense is a serious crime in California and can carry heavy fines and jail time, in addition to driver’s license suspension or revocation. A DUI that causes a death, however, is treated even more harshly. The penalties for a DUI death depend on whether the offense is charged as vehicular manslaughter or second-degree murder. If you are facing charges related to a DUI, contact a California DUI defense attorney.

What Is Vehicular Manslaughter While Intoxicated in California?

Vehicular manslaughter while intoxicated is when a driver kills someone by driving under the influence. It is the most common charge filed in DUI death cases and has two subcategories:

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 Posted on September 20, 2024 in CDL

Operating a commercial vehicle is not the same as driving a passenger car. Someone who drives a school bus, heavy-duty truck, or vehicle weighing over 26,000 pounds may find it more physically and mentally taxing than driving a sedan or SUV. If the driver cannot handle the demands on his or her mind and body, he or she can present a threat to public safety.

Therefore, there are certain medical requirements for obtaining a commercial driver’s license (CDL). If those requirements are not met, the CDL will likely be denied; or, if a driver develops a medical condition after being issued a CDL, it may be revoked.

This article will discuss the medical requirements for a CDL and how to challenge a denial or revocation. For more details or any questions regarding CDLs, consult a California CDL defense attorney.

What Are the Medical Requirements for a CDL?

The Federal Motor Carrier Safety Administration (FMCSA) has established regulations that deny CDLs to people with certain conditions. These include:

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 Posted on August 13, 2024 in DUI

Being charged with driving under the influence (DUI) can be a difficult experience. California imposes some harsh penalties for DUI convictions, including heavy fines, license suspension, and even jail time in some cases. A driver can be charged with a DUI for a variety of substances while driving any one of several types of vehicles.

If you are facing a DUI charge, it is important to know what legal defenses are available. This article will explore DUI laws and legal defenses, though it is best to hire a California DUI defense attorney if you are facing DUI charges.

DUI Charges in California

In California, driving any kind of motorized vehicle while under the influence of any substance that impacts your ability to drive that vehicle may be considered a DUI. Driving a car, motorcycle, boat, or electric scooter while under the influence, for example, can be enough for a DUI charge. California law even has laws about riding bicycles under the influence. Anyone between 13 and 20 years old who rides a bike while impaired by alcohol or drugs may have his or her license delayed or suspended for a year when he or she is eligible to drive.

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 Posted on July 09, 2024 in CDL

In what must surely define the word "irony," a truck driver who just happened to be hauling more than 43,000 pounds of beer was recently charged with DUI in Chico, CA. In California—and every state except Utah, a commercial vehicle driver may not have a BAC of more than 0.04 percent. If this happens to be a CDL driver’s first DUI, they might get off "easy" and only lose their CDL license for a year.

For the person whose job requires a CDL license to make a living, this is anything but an easy penalty, especially when combined with the potential criminal consequences of jail time and an array of fees and fines. For those contemplating getting a CDL license who are unsure whether a prior DUI will affect them, the answer is, "It depends."  

Whether you are trying to obtain a first-time CDL license, fighting a DUI to prevent a CDL license loss, or attempting to regain a CDL license following a DUI conviction, having an aggressive San Francisco CDL defense lawyer is essential. A skilled attorney has the knowledge and experience to help achieve the best outcome possible.

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 Posted on June 12, 2024 in License Suspension

Driving is an important part of life In California, and most people need to have a car to get to their job. If you get pulled over for driving under the influence (DUI), you face possible license suspension. When your ability to drive is taken away from you, it can cause a great deal of distress and hardship, especially if you depend on driving for your livelihood. Fortunately, there are ways to legally get back on the road. Speak with an experienced San Fransisco, CA DUI lawyer to understand your options.

What Is a Hardship License?

If your employment depends on your ability to drive, having your license suspended because of a DUI can be debilitating. You might be eligible for something called a hardship license. This restricted license would allow you to drive on specific routes, for example, from your home to your work, school, medical treatments, or DUI education program and back. To apply for a hardship license,  you need to do the following:

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 Posted on May 17, 2024 in DUI

Regardless of the situation, getting pulled over by the police can be a stressful, nerve-wracking experience. If you are pulled over on suspicion of DUI, the anxiety can seem even greater. While being suspected and facing possible charges for a DUI is never a nice thing to go through, it can feel overwhelming if it is the first time this is happening to you. Penalties for a DUI charge in California are quite harsh, so you want to make sure you are handling everything as best you can to avoid unnecessary consequences. If you have been arrested for a first-time DUI, make sure to contact an experienced Sonoma, CA DUI lawyer who can ensure that your rights are not being violated as you navigate this challenge.

What to Consider with a First-Time DUI

The most important piece of advice anyone can give you if you are facing DUI charges for the first time is to hire a skilled lawyer who can ensure your rights are protected throughout the process and build a strong defense. DUI charges bring not only strict sentences but also a criminal background and reputation that can follow you for a long time to come. A knowledgeable attorney can use their past cases as a reference as you fight for your future.

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 Posted on April 23, 2024 in DUI

It can be extremely stressful to get pulled over in California on suspicion of a DUI. You may be compelled to simply cooperate with the police officers and do whatever they ask so you can put the whole incident behind you. However, even if the field sobriety test (FST) you are asked to perform seems simple enough to you, it has the potential for serious implications. It is possible to fail an FST even if you are sober, and a resulting DUI conviction can significantly harm your future. If you submit to an FST and fail it, the best thing you can do is make sure to contact a qualified San Fransisco, CA defense lawyer as soon as possible so they can begin working on your case.

Types of FSTs

While there are several kinds of FSTs you can be asked to perform if you are pulled over on suspicion of drunk driving, the three most common include:

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 Posted on March 13, 2024 in DUI

In California, a charge of drunk driving resulting in injury can be classified as either a misdemeanor or felony, depending on various factors surrounding the case. Understanding the distinctions between misdemeanor and felony DUI charges in California is crucial, particularly if you are facing charges and seek legal guidance as to what you can do to improve your situation. While many experience a sense of helplessness when facing serious criminal charges, do not fall into despair, for there are options at your disposal. Your first move should be contacting a criminal defense lawyer to safeguard your rights as you move through the process.

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 Posted on February 15, 2024 in DUI

If you are a pilot who lives in California or who is visiting the state, and you have been arrested and charged with DUI, it is important to understand the potential impact these charges may have on your career. Driving under the influence (DUI) is not only a serious criminal offense, but it can also have severe consequences for professional license holders, including pilots who fly planes or other aircraft for a living. The Federal Aviation Administration (FAA) has strict regulations regarding disclosures of alcohol-related offenses, and it may take disciplinary action against pilots who violate these rules. To defend against the loss of your pilot’s license, you can work with an attorney who has experience representing pilots and others who have been charged with DUI.

FAA Disclosures

As an aviation professional, you are required by law to report any motor vehicle actions involving alcohol or drugs to the FAA. Applicable motor vehicle actions include DUI convictions as well as administrative license suspension or revocation actions. Even if you are not convicted of DUI, you must report license suspensions following the failure of a chemical blood alcohol test or the refusal to take a chemical test

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