07th June 2006
Alcohol and the Human Body: 101
Alcohol is a central nervous system depressant. The degree to which the central nervous system function is impaired is directly proportional to the concentration of alcohol in the blood. There are 3 stages: absorptio...
07th June 2006
Evidential Breath Tests
Evidential breath tests, commonly known as EBT's, are the most commonly used breath-testing instruments. These instruments detect ethyl alcohol by infrared spectroscopy.
How alcohol gets in the breath
First, a person in...
07th June 2006
Urine Testing
When a person is arrested for a DUI, a chemical test is required to measure the alcohol content in the blood (BAC). The three chemical tests available are: blood, breath, or urine testing. Urine testing refers to the chemical examinatio...
07th June 2006
Blood Tests
When a person is arrested for a DUI, that person must submit to a chemical test under the "Implied Consent" provision in the California Vehicle Code. Implied Consent, under Section 23612 states that if a person is lawfully arrested for a D...
07th June 2006
Possession of Weapons/Explosive Devices
California law prohibits convicted felons, violent offenders, the mentally ill, persons with restraining orders and other specified individuals from possessing a gun. This included people convicted of misdemeano...
07th June 2006
Shooting From a Motor Vehicle
Shooting a firearm from a motor vehicle, commonly known as a "drive-by" shooting, results in increased penalties. It is a felony punishable by an additional and consecutive term of imprisonment in the state prison for 5, ...
07th June 2006
Carrying Concealed Weapon
Generally, California law prohibits any individual from carrying a loaded firearm of any kind on his or her person or in a vehicle while in any public place or on any public street in an incorporated city, or in any public p...
07th June 2006
Federal Crimes
Federal crimes are those crimes which fall under federal jurisdiction. Congress enacts laws in areas that fall within federal jurisdiction. Typically, these are laws and regulations dealing with federal property, federal matters and fed...
07th June 2006
Accident Reconstruction
Accident reconstruction is an important, but often overlooked tool, of a DUI defense. Where there has been an accident, the responding police officers and detectives write a traffic collision report. This is often the only mea...
07th June 2006
"Vehicle"
In order to be arrested and convicted of a DUI, the individual must be driving a vehicle. The California Vehicle Code defines vehicle as "a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a ...
07th June 2006
Misdemeanors vs. Felonies
Most states break their crimes into two major groups, felonies and misdemeanors. The difference between the two types of crime is the punishment involved. Where a crime can be punished with a year of more of imprisonment in...
07th June 2006
The Process in a Felony Case
Initial Arraignment
The arraignment is the first court hearing in a felony case. An arraignment follows the constitutional principles of speedy trial rights and the ability to hear the charges being held against the de...
07th June 2006
The Process in a Misdemeanor Case
Arraignment
The arraignment is the defendant's first court hearing after the arrest, booking, and initial bail phases of the criminal process have taken place. This is usually the first opportunity for the defendant ...
07th June 2006
"Under the Influence"
There are two different types of DUI offenses that may be charged, depending on whether the person had a blood alcohol content below .08 percent or at or above the .08 percent. BAC is measured by the grams of alcohol per 100 mill...
07th June 2006
Who has burden in DMV Hearings
The DMV has the burden of proof in the Administrative Per Se (APS) hearing. The burden of proof is that there is more evidence weighted towards driving under the influence of alcohol than not. State law has mandated tha...
