California has taken a hard stance against driving under the influence (DUI) and expanded their charges for DUI. A person can be charged for DUI either by their blood alcohol content (BAC) or by their impaired driving. It is important to understand the types of DUI charges that can be brought against you in California […]
As with all other criminal offenses, prosecutors must be able to prove a DUI charge beyond a reasonable doubt. Thus, officers do want to be careful to collect as much evidence as possible at the time of a DUI arrest to assist prosecutors in meeting this high standard. In addition, police officers must have reasonable […]
Police departments and state governments across the country have increasingly cracked down on drinking and driving over the past several decades, and nowhere is that more the case than right here in California. As you most likely know, the police can arrest you for a DUI in California if your blood alcohol level (BAC) is […]
Every driver in California has likely heard the terms “DUI” and “DWI” around and understood that they refer to criminal prohibitions against intoxicated driving. And most people understand that DUI stands for “driving under the influence” while DWI stands for “driving while intoxicated.” Drunk driving laws are set by states, and some states might use […]
In a previous blog post, we talked about your rights before you pull up to a DUI checkpoint in California. As explained there, DUI sobriety checkpoints are considered constitutional in California — 11 states consider them unconstitutional under state or federal law — and you are required to submit to legally positioned and maintained sobriety […]
Why are there DUI or Sobriety Checkpoints? The California Highway Patrol is authorized to conduct sobriety checkpoint inspections under California Vehicle Code 2814.2 VC. The purpose of the checkpoints is to reduce the number of drunk drivers on the state’s highways, and thereby diminish the pain, suffering and death that result from drunken driving accidents. […]
DUI checkpoints have been in existence for over 25 years in various states. Proponents have argued that it has been effective in reducing alcohol-related traffic fatalities while opponents have and continue to rage against its constitutionality. Since law enforcement is normally barred from stopping a motor vehicle absent probable cause, the DUI checkpoint had to […]
The Fair DUI Flyer concept was started by Warren Redlich, a Florida criminal defense attorney, in response to the DUI checkpoint. The flyer is a leaflet that you display against the driver’s side window, without rolling down the window, advising officers that you will not answer questions, will not consent to a search of […]
DUI checkpoints are roadblocks set up by local authorities for the primary purpose of nabbing intoxicated drivers. They are generally set up at night, since most drinking at bars and restaurants occurs in the evening, along roads where police feel that they are more apt to catch impaired drivers. In metropolitan areas, the checkpoints are […]
