Drunk driving investigations often include the officer asking the suspect if they will submit a breath test in the field. This test is called a PAS, or preliminary alcohol screening, test which measures your blood-alcohol content. It is another field sobriety test, or FST, that the officer uses as a…
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…
DUI discovery is the same as in all other criminal cases. There are reciprocal discovery rules, meaning that both the prosecutor and the defense are entitled to discovery. The defense discovery is mandated by California Penal Code Section 1054.3. Under this code, the defense must disclose, “The names and addresses…
You have been arrested for drunk driving. The big question when facing your arraignment hearing is whether you should just plead guilty. The answer for most DUI defendants is no. At arraignment, the prosecutor usually does not have all the discovery to turn over to the defendant or the defendant’s…
DUI checkpoints may be banned in Utah in the future. Last week the Utah House of Representatives voted to stop police agencies from conducting sobriety checkpoints because they invade people’s privacy and allow officers to stop vehicles without probable cause, according to stgeorgeutah.com. The next stop for this bill is…
Once arrested for a misdemeanor or felony DUI, your first appearance in court is called the arraignment. At the arraignment hearing, you are informed of the charges against you, given a copy of the complaint, and you are given an opportunity to enter a plea of guilty or not guilty.…
San Diego County has had many DUI stories in the news this past week. First, ex-San Diego Police Officer Anthony Arevalos, was sentenced for his criminal acts preying on young women in the Gaslamp Quarter of downtown San Diego. (See past blog posts regarding Arevalos’ case.) While on duty, Arevalos…
If you were arrested in California for drunk driving, and you have an out-of-state driver’s license, you are subject to the same two processes that a California resident with a California driver’s license faces: The administrative process through the Department of Motor Vehicles (DMV) and the criminal process through the…
The first thing to address is that there are two separate actions pending once you are arrested for drunk driving. One is the administrative portion through the Department of Motor Vehicles, or DMV, and the other is the court process. Although these two processes are separate and distinct, some of…
If you are arrested for driving under the influence in San Diego County, your license is usually taken by law enforcement and you are given a temporary driver’s license. The temporary license allows you to continue to drive with the same restrictions, classifications, and endorsements that your original California driver’s…