California Criminal Defense Lawyers

Eight months ago California lawmakers enacted legislation requiring all DUI offenders to have an ignition interlock device placed in their vehicles. It was just one move to further penalize drunk drivers in hopes of making roadways safer and appeasing political cries for tough-on-crime measures related to DUI offenders. But, according to a piece published this week in The Sacramento Bee, the measure might not be working as well as anticipated. [Read More...]

A bill before the US Senate would pay for research into a passive alcohol detecting device that could become standard in all vehicles in the future. But serious questions exist if all cars can stop you from driving if you trigger the alcohol detector, and what the legal implications of such a supposedly “voluntary” system would be.

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A Petaluma man was interviewed for an in-depth look at DUI offenders in the Argus-Courier this past week. He tells that only intensive probation and treatment were able to finally crack his own DUI problems, after multiple convictions and penalties. He suggests the same is necessary for others like him. [Read More...]

California’s three strikes laws have been extremely controversial, often punishing people harshly and out of proportion for an offense or mistake that seems relatively minor. But some cases, like a recent conviction for a DUI murder, by a career criminal is not likely to  be one of those controversial cases. [Read More...]

Starting on July 1st, 4 California counties begin a tough pilot program that requires an ignition interlock device for any driver convicted of a single DUI. [Read More...]

In an extreme, though not unusual enough case, a Redlands man is predicted to be facing serious charges in a police chase that ended with the death of a CHP trooper. The twenty year old is reportedly being held in San Bernardino County on suspicion of homicide and a slew of additional charges. [Read More...]

Memorial Day weekend is upon us, and there will be “sobriety checkpoints”, also known as DUI roadblocks, out in many California cities and towns. There has always been a significant question about whether these roadblocks are an effective use of police manpower when if comes to keeping our roads safe.

As this op-ed in the Daily News suggests, these checkpoints are unlikely to catch chronic drunk drivers, who know to avoid these traps. They more often ensnare the average person who may have had a drink or two, and is perhaps just over, or even under the legal BAC limit, but may “fail” the so-called field sobriety test, as 1/3 of all people cannot perform balancing acts under threat of arrest.

Many law enforcement experts argue that roving patrols, out looking for dangerous and swerving drivers are a much better use of limited police resources than efforts to stop every driver at a certain location.

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...]

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...]