California Criminal Defense Lawyers

In this report from the New York Times, a closer look at California DUI checkpoints reveals they are more likely to catch an unlicensed driver than someone driving under the influence. Driving without a license is a traffic offense that will get your vehicle impounded for 30 days, a far less harsh penalty than those seen by DUI suspects. [Read More...]

Fifty-seven year old Daniel Howell of Joshua Tree now faces charges including felony hit and run, vehicular manslaughter, and DUI after careening off the road, hitting Alberto Jose Serejo, and leaving the scene. [Read More...]

The California State Assembly unanimously passed a bill to initiate a program to require an ignition interlock device in the car of anyone convicted of any DUI offense.  The bill goes to the Governor’s desk for signature.

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It is an open question whether roadside sobriety checkpoints, also known as DUI roadblocks, are an effective use of police resources in stopping drunk drivers.

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The high court of California ruled this week that people charged with DUI can challenge evidence from breathalyzer tests. Because many DUI cases are built on the evidence from these often unreliable machines, this is great news, and presents important new opportunities in court, and giving DUI defendants a fair shake.

When building a DUI defense, a defense attorney looks at all of the aspects of your arrest. Often the prosecution’s entire case is built on the results of a breath test. While field sobriety tests and your driving behavior can also come into play, the breath test result can be a “nail in the coffin” for a DUI case. But now, that evidence and the supposed infallibility of this magic number can be challenged. [Read More...]

Lately it seems there have been several drunk driving fatality cases being reported in the Sacramento area. Scanning just one day’s headlines I encountered two stories surrounding such incidents.

The first case involves an accident that just happened over the past weekend. Matthew Smith was driving his pickup truck with a friend in the passenger seat. He was speeding when he careened off the road, hitting a tree. [Read More...]

Yes, Even Doctors Commit DUI

A Sacramento Physician has lost his license to practice medicine and his license to drive after allegedly being caught drunk behind the wheel for a fifth time. According to CBS13, Dr. Kyle Robert Krueger has 5 DUI arrests on his record and has just lost his medical license. [Read More...]

Going to jail is no joke. There aren’t many people who want to end up behind bars on any given night, particularly if they are out with friends having a good time. Sadly, this is how many people who end up the Sacramento County drunk tank begin their night.

The drunk tank, affectionately referred to as “F tank”, is a specially designed room for the most intoxicated patrons of the Sacramento County jail. This is where you may end up when you are drunk and arrested for DUI or public intoxication.

While you may spend less than a full night in this place, you won’t likely forget your experience in the F tank. As someone who has visited clients in numerous county lock-ups, I can tell you the smell and appearance of a county drunk tank is unforgettable. [Read More...]

According to the Los Angeles Times, the number of L.A. County Sherriff’s Deputies being charged with alcohol related crimes is on the rise. In 2008, 70 sworn officers were arrested, mostly for DUI. This is compared with 24 in 2004.

What is frightening about this trend is that in many of the cases, the officers were carrying firearms at the time. While most of the arrests didn’t end with additional firearm related charges, some did and these are what has prompted Sherriff Baca to put tougher policies in place, perhaps the toughest in the nation.

In the high stress career of law enforcement, drinking has always had its place. Now, however, attitudes towards drinking to excess have changed. Both colleagues and upper management are less likely to turn a blind eye to an officer’s drinking problems or incidences leading to arrest.

In situations where the deputy was armed and intoxicated, it creates a frightening scenario both for the public and for the department looking to uphold an air of respect and professionalism. The incident described in this article where an officer kissed a bar patron and showed his weapon before kissing her again likely put her in serious  fear and forever changed her view of law enforcement. [Read More...]

A new change to an old California DUI law went into effect on January 1, 2009. In the past a judge was told, by law, to give “heightened consideration” to applying an ignition interlock device to offenders’ cars that had been caught with a Blood Alcohol Content (BAC) of greater than .20%. What changed is that threshold, the percentage at which a judge should heighten his consideration.

Now, if you are caught with a BAC greater than only .15% you may be sentenced to an ignition interlock device. When the law says a judge should give “heightened consideration” to something it doesn’t mean the judge has to impose this sanction but it is almost like the law strongly recommends it.

The legal limit for DUI in California is .08% so this heightened consideration will be applied if you are less than twice the legal limit. [Read More...]