DUI & Drunk Driving
Defending a Charge of Driving Under the Influence: Challenging a Breath Test
1) Inadequate or broken observation period. In order to properly read your BAC by a breath test, the testing officer must observe you continuously for at least 15 minutes before taking a sample. If you belch, vomit, or regurgitate gas in your mouth before the test, your BAC may read inaccurately high. If the officer has not observed you continuously for 15 minutes prior to measuring your BAC, it will…
Read MoreCan I still successfully fight a DUI charge if my alcohol level was above the legal limit?
The simple answer is yes, absolutely. Your alcohol level is one of many factors that must be considered in a DUI case. Often times individuals charged with a DUI come to the inaccurate conclusion that just because their blood alcohol level (BAC) was above the legal limit, they are automatically guilty. That is far from the truth. Like previously stated, a suspect's alcohol level is an important factor but several…
Read MoreDUI Drugs – Ability To Safely Drive Your Vehicle
The primary issue in a California DUI Drugs case is whether the drugs (legal or illegal, prescribed or over-the-counter) affected your ability to safely drive your vehicle California Vehicle Code 23152(a) prohibits driving under the influence of drugs. It is irrelevant whether the drugs were legal or illegal, prescription or over-the-counter. Under California DUI law, "drugs" means any substance or combination of substances (other than alcohol) which could affect your…
Read MoreIf I blew exactly .08, will I be charged for a DUI?
Under California law, it is unlawful for any one who is under the influence of alcohol or drug(s) or a combination of alcohol and drug(s) to drive a vehicle. "Under the influence" means as a result of using alcohol and / or drugs, your physical or mental abilities are impaired to such a degree that you no longer have the ability to drive the vehicle with the caution characteristic of…
Read MoreDriving under the influence of alcohol or drugs under California Vehicle Code Section 23152 (a)
Code section 23152 prohibits driving under the influence of drugs or alcohol. Drugs are substances that affect your physical or mental abilities to drive a vehicle with caution that a sober reasonable person would under the same circumstances. Some type of drugs that fall within the ambit of this code section include marijuana, prescription drugs, pain killers, anti depressants, pcp, ecstasy and even cold medicine. The prosecution will look at…
Read MoreDelaware Man Blames Elephant For His 7th DUI Charge
A Delaware man, who allegedly was driving under the influence, said an elephant crossed his path and he served in order to avoid hitting the elephant. Samuel Phipps, who is 31 years-old, was arrested and charged with driving under the influence by Delaware State police in New Castle, Delaware. The incident occurred on a Friday night in which Phipps was driving in his Land Rover. The Land Rover veered off…
Read MoreWoman Gets DUI Charge After Allegedly Repeatedly Crashing Car In School Parking Lot
Patricia Libby, a 39 year-old mother, was dropping off her children for a class trip. The police report stated that Libby allegedly hit a Smart car with her Hyundai when she pulled into a parking space. The police report further stated that after the initial contact, Libby put the car into reverse and crashed her car again into the Smart car. She repeated her action again for a third and…
Read MoreArkansas Linebacker Charged With DUI And Is Suspended Indefinitely
A charge of driving under the influence can hold many consequences for an individual. For Terrell Williams, not only does he have to worry about his legal problems, but he must also think about his future football playing career. Terrell Williams, who is 21 years-old, was arrested and charged early Sunday morning, November 4, 2012, by Fayetteville police for allegedly driving under the influence. Williams is a senior at the…
Read MoreMan Is Charged With His 10th DUI – CVC 23152
Some people never learn. One such person is a man from Billings, Montana who was recently arrested for his 10th DUI. This 10th DUI resulted in a collision with a motorcyclist who suffered minor injuries. Allen Bruce Chappell, a 60 year-old man, was charged on October 30, 2012 with causing a motorcycle crash while driving under the influence. The incident occurred the day before when Chappell allegedly in his sports…
Read MoreWas My DUI Stop Unconstitutional?
When determining whether an officer lawfully stopped your vehicle, the key phrase is whether or not the officer had "reasonable suspicion" of unlawful activity. Understand that initially, an officer does not need probable cause to stop a vehicle. The probable cause standard is the standard used to determine the legality of an arrest. The initial stop of your vehicle and preliminary questioning by the officer is considered only a "detention"…
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