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Field Sobriety Tests: Nystagmus Test

By Criminal Defense Attorney on December 5, 2016

One of the most common Standardized Field Sobriety Tests used by police to determine if probable cause exists for a drunk driving arrest is the Horizontal Gaze Nystagmus (HGN) test. This test works by measuring a driver’s eye reflexes when asked to look at a moving stationary object at a close distance, allowing officers to look for certain key signs of intoxication.

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Charged with DUI While Stationed at Camp Pendleton?

By Criminal Defense Attorney on September 1, 2016

Have you been charged with driving under the influence (DUI) while stationed at Marine Corps Base Camp Pendleton? If so, you could be facing numerous judicial and non-judicial punishments. DUI arrests for military service members can be particularly complex and can often bring consequences that are far more severe than a typical civilian DUI case, especially if the alleged offense occurs on the installation.

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Is DUI A Felony in CA? – Three Ways It Can Be

By Criminal Defense Attorney on August 31, 2016

In the state of California, it is illegal to operate a motor vehicle with a blood-alcohol concentration of .08% or greater. If you violate this law, you could be charged with the crime of driving under the influence (DUI). While most DUI offenses will be charged as a misdemeanor,there are three different circumstances under which this crime could be elevated to a felony. These include:

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Can I Legally Refuse a Breathalyzer Test?

By Criminal Defense Attorney on January 18, 2016

Getting pulled over by a police officer can be intimidating and scary—especially when they start to ask you whether or not you’ve had anything to drink. When you’ve been suspected of DUI, one of the pounding questions you will face is whether or not you can refuse a breathalyzer test.

In California, there is what is known as “implied consent”. What does this mean for you as a driver? If you signed your driver’s license and are legally able to drive a motor vehicle, you have already given consent to be subject to chemical or breath testing. But does this give police officers the blanket right to request a breath test from you? Let’s take a closer look at what it means to refuse.

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Third DUI Offense Penalties

By Criminal Defense Attorney on July 9, 2015

Being charged with a third DUI is a serious offense. After a 3rd DUI, a judge tends to be harsher with the penalties imposed to the defendant. For this reason, it is crucial to retain a Criminal Defense Attorney from JD Law.

In California, if convicted of a third DUI you can expect the following:

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Wet Reckless Vs. DUI

By Criminal Defense Attorney on April 3, 2015

"Wet reckless" is a reduced charge associated with DUI charges. It is defined as reckless driving involving alcohol. Typically, this type of charge is given for a more mild offense and is reached through a plea bargain. If your blood alcohol level was near the legal limit and you didn't show severe impairment on field sobriety tests, your defense lawyer may be able to secure a plea bargain for this charge.

This type of offense is usually an option for first time offenders. However, if you get DUI charges in the future, it will count as a prior conviction.

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Avoiding DUI after the Super Bowl

By Criminal Defense Attorney on January 29, 2015

Super Bowl Sunday is a day filled with potlucks, drinks, and of course, football. After all the festivities subside, many individuals don't realize how much they have had to drink, unknowingly getting behind the wheel while impaired, putting themselves at risk for getting pulled over for DUI.

Super Bowl Sundays is known to be one of the most popular days for drinking, which means law enforcement will be on the prowl for DUI offenders, seeking to pull over any individuals who look even slightly suspicious. Make sure you read the tips below to keep your Super Bowl Sunday is full of fun festivities, not DUI charges.

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How Does an Ignition Interlock Device (IID) Work?

By Criminal Defense Attorney on September 13, 2013

If you have been convicted of driving under the influence (DUI) in the state of California, you may soon be asked to install an ignition interlock device in your vehicle. This device, which is roughly the size of a cell phone, will be attached to your dashboard and wired to your ignition. Once the mechanism has been activated, you will not be able to start your engine until a breath sample has been submitted—the purpose of which is to keep you from driving while under the influence of alcohol. If your calculated blood-alcohol concentration (BAC) is greater than the pre-programmed amount, your car will not start. The device will also record a violation. To ensure that it is, in fact, you who is breathing into the device, it will also ask you to submit additional breath samples at random intervals.

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Am I Legally Required to Participate in a DUI Checkpoint?

By Criminal Defense Attorney on June 26, 2013

DUI checkpoints or sobriety checkpoints are locations where law enforcement officers are stationed to check drivers for signs of intoxication or impairment. There are many jurisdictions that utilize DUI checkpoints as a part of their drunk driving deterrence program. Due to the fact that there are questions as to their constitutionality, not all states conduct sobriety checkpoints. Some states such as California and Nevada authorize their use, where other states such as Oregon, Washington and Texas do not use them. In Ingersoll v. Palmer (1987), the Supreme Court of California concluded that within certain limitations sobriety checkpoints are permissible under the state and federal Constitutions.

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Field Sobriety Tests: Romberg Balance

By Criminal Defense Attorney on June 21, 2012

A Drug Recognition Expert (DRE) will use four divided attention psychophysical tests to evaluate someone suspected of drug impairment. These tests are standardized in their administration, documentation, and interpretation. The next few blogs will examine each test in detail.

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