San Diego DUI Lawyers BlogThis is the very question that is currently before the Supreme Court of the United States, (see David Riley v. State of California). The ruling can potentially impact anyone who is arrested while having a cell phone in their possession. In August of 2009, San Diego college student, David Riley, was pulled over by a […]
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Forced Blood Draws: Will San Diego Law Enforcement Get A Warrant?
California has an “implied consent” rule regarding chemical testing that is found in Vehicle Code Section 23612. This vehicle code section states, “Any person who drives a motor vehicle is deemed to have given his or her consent to chemical testing of his or her blood or breath for the purposes of determining the alcoholic […]
DUI Probation Violated, Warrant Issued, What Happens Now?
During a driving under the influence sentencing hearing, the court may offer to put the defendant on probation. (The defendant does not have to agree to probation; however, it lessens the amount of time spent in jail if any time has to be served at all.) The judge may impose a sentence but then suspend […]
What Can You Do to Lessen the Charges or Penalties After a California DUI Arrest?
The penalties for a San Diego DUI conviction can be very harsh. For example, even if you are a first-time offender, you could be sentenced to up to one year in jail, five years on probation, a fine of $1,000, and participation in a nine-month mandatory drug and alcohol education program. The judge may also […]
Failure to Install an Ignition Interlock Device and Revocation of Probation in California
In a recent California appellate decision, the defendant pled guilty in two cases to driving under the influence (DUI) with a blood alcohol content that was greater than .08. In both of those California DUI cases, he admitted he had three prior convictions for driving under the influence and the court granted him probation. The […]
Drunk Driving & Refusing To Submit A Chemical Test, Criminal Ramifications
California has an implied consent law, which requires a driver that is lawfully arrested, suspected of driving under the influence, to submit to a chemical test. The tests that are typically offered for suspected alcohol intoxication is a breath and blood test. A blood test is usually offered for suspected drug intoxication. Occasionally, a urine […]
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Arrested For DUI, Can The Cops Search Your Smart Phone?
Today, the Supreme Court of the United States (SCOTUS) announced its decision in both Riley v. California, a San Diego case, and United States v. Wurie, a Massachusetts case, that addressed the issue of whether law enforcement can search a person’s smart phone after a lawful arrest. [The Law Offices of Susan L. Hartman previously […]
San Diego Drunk Driving Arrest: Posting Bail
After making an arrest for driving under the influence, the officer often takes the suspect to jail to be booked. In most DUI cases, the defendant is told the amount of bail that can be posted in order to get out of jail. The amount of bail depends on the crime and the county bail […]
Drunk Driving Arrest, But Plead To Wet Reckless: First Conviction Program Requirements
A DUI arrest often results in the prosecuting authority filing official charges in the San Diego Superior Court. The most common driving under the influence charges involving an alcoholic beverage or drug, or a combination of an alcoholic beverage and a drug, does not involve an accident, personal injury or property damage, and is filed […]