Posted by Richard Wagner | Apr 28, 2024 |
Q: How likely is it to be convicted of a DUI when your blood alcohol content is below the legal limit?
Q: Can you still get a DUI with a BAC below 0.08%?
Benjamin F. Warlick got into a traffic accident and California Highway Patrol Officer Chris Jensen came to investigate.
Mr. Warlick told the CH...
Posted by Richard Wagner | Mar 27, 2024 |
You could be arrested for marijuana DUI if you drive under the influence of THC (Vehicle Code Section 23152(f) aka DUI Drugs).
Frequently Asked Questions:
Is it illegal to drive high in California?
Can you get a DUI for weed?
Can you get DUI for driving high?
How long to wait after smok...
Posted by Richard Wagner | Mar 13, 2024 |
Is it legal for an officer to stop you for tinted windows and then arrest you for DUI? Yes. But, in court, the officer has to say more than just that he just saw tinted windows. As the cases below show, the officer also needs to have significant experience and must explain why and/or how the win...
Posted by Richard Wagner | Mar 05, 2024 |
This page is designed to answer questions about your first, second, or third DUI in California and if you have an Under 21 DUI case. Like most people, you probably have lots of questions. If you don't see the answer to your questions, please feel free to call (714) 721-4423.
FIRST DUI
Frequently...
Posted by Richard Wagner | Mar 03, 2024 |
You may have seen or read about “BAC” when doing your research on Driving Under the Influence, drunk driving, blood alcohol level, and chemical test results, but maybe you have some further questions about BAC.
BAC stands for Blood-Alcohol Concentration. The alcohol concentration in your blood ca...
Posted by Richard Wagner | Feb 29, 2024 |
After you drink alcohol, it enters your stomach and then your small intestine, where it enters your bloodstream and affects your brain and central nervous system. Your ability to drive is not affected by the alcohol your body has not yet absorbed.
Because alcohol is absorbed, distributed, metabol...
Posted by Richard Wagner | Feb 26, 2024 |
CHP arrested Sandra Molenda for driving under the influence (DUI) of alcohol in Santa Cruz County. When the officer first arrived, he found Molenda alone in the car, seated in the driver's seat, trying to start the engine.
The officer noticed signs of intoxication and smelled a strong odor of alc...
Posted by Richard Wagner | Feb 26, 2024 |
You go out for dinner and share a bottle of wine. Or play a round of golf and have a round of drinks while you add up your scores.
On the drive home, you see a DUI checkpoint.
Should you be worried?
Police in Orange County, Los Angeles, San Bernardino, and Riverside Counties set up checkpoints to...
Posted by Richard Wagner | Feb 18, 2024 |
How Does A Plea Deal Work?
Getting into trouble with the law in California disrupts your life in more ways than one. Whether you are innocent or guilty, however, you have a right to a defense. The criminal justice system, though flawed, offers options.
Photo by Jeffrey Keenan on Unsplash
Ple...
Posted by Richard Wagner | Feb 14, 2024 |
DUI Blood Tests in California
Drunk driving or drugged driving in California is a serious criminal charge. During a DUI investigation, an officer may request a blood sample.
This is especially true when an alleged suspect refuses a breathalyzer test or a police officer believes the suspect is...
Posted by Richard Wagner | Jan 31, 2024 |
In 2014, the California DUI Lawyers Association (CDLA) sued the DMV, claiming the system used by the DMV for DMV hearings is unfair and unconstitutional.
The DMV uses the ‘administrative per se' or ‘APS' system to suspend driving privileges following a DUI arrest.
When a driver is arrested for D...
Posted by Richard Wagner | Oct 06, 2023 |
This latest report by the California DUI Management Information System presents information and statistics on DUI arrests, convictions, postconviction sanctions, driver license suspension/revocation actions, and on drivers in alcohol-or drug-involved crashes.
⇒ Alcohol-involved crash fatalities...
Posted by Richard Wagner | Aug 17, 2023 |
Lately, protective orders have made the big time lately thanks to the one of the cases against Donald Trump. In that case, the government asked U.S. District Judge Tanya Chutkan to issue a protective order.
What is a Protective Order?
Generally, a protective order governs how the parties in a c...
Posted by Richard Wagner | Jul 28, 2023 |
Mr. Terry was convicted of carrying a concealed weapon and sentenced to prison. His defense attorney filed a motion to suppress evidence police found on Mr. Terry and his co-defendant. At the hearing, the cop testified, "Now, in this case, when I looked over, they didn't look right to me at the time.”
Posted by Richard Wagner | Jul 28, 2023 |
First of all, this is in no way an attempt to outdo or throw shade on Caleb Mason's spectacular treatment in Jay-Z's “99 Problems,” Verse 2: A Close Reading With Fourth Amendment Guidance for Cops and Perps, 56 ST. LOUIS UNIVERSITY LAW REVIEW 567 (2011).
In fact, there is nothing I could write t...
Posted by Richard Wagner | Apr 14, 2023 |
When a person is arrested in California, they have a right to know what charges the prosecutor filed against them. They also have a right to plead guilty or not guilty. This all happens at an arraignment. It can be a particularly nerve-wracking time for anyone, even those who have gone through th...
Posted by Richard Wagner | Apr 04, 2023 |
California DUI FAQs
To be a criminal offense in California, your blood alcohol content must be at or above the legal limit, you have an illegal chemical substance in your system, or your driving abilities were otherwise impaired.
Driving while intoxicated (DWI), operating a vehicle under the in...
Posted by Richard Wagner | Apr 03, 2023 |
DUI Breath Tests In California
When you have been pulled over and are suspected of drunk driving, you could be asked to provide a breath sample. Misconceptions exist about what your rights are and what these types of tests are. Misunderstandings can lead to more problems, especially if you are ...
Posted by Richard Wagner | Feb 28, 2023 |
If you are convicted of a DUI charge or DUI with injury while driving 30 or more miles per hour above the speed limit on a freeway, or 20 or more miles per hour over the speed limit on any other street in violation of California Vehicle Code Section 23103 (reckless driving), VC 23582 says the jud...
Posted by Richard Wagner | Feb 20, 2023 |
Lake Forest DUI lawyer Richard Wagner has experience fighting for his clients facing DUI charges. Having an experienced attorney for your DUI in Lake Forest will protect your rights when facing DUI or other criminal charges.
Drivers in Lake Forest may not be aware of the potentially drastic reper...
Posted by Richard Wagner | Feb 14, 2023 |
Anaheim DUI lawyer Richard Wagner has experience fighting for his clients facing DUI charges. Contact him today to confidentially discuss your unique situation and begin building your defense.
Drivers in Anaheim may not be aware of the potentially drastic repercussions of being charged with a DUI...
Posted by Richard Wagner | Feb 13, 2023 |
Santa Ana DUI lawyer Richard Wagner has experience fighting for his clients facing DUI charges. Contact him today to confidentially discuss your unique situation and begin building your defense.
Drivers in Santa Ana, California may not be aware of the potentially drastic repercussions of being c...
Posted by Richard Wagner | Feb 09, 2023 |
Fullerton DUI lawyer Richard Wagner has experience fighting for his clients facing DUI charges. Having an experienced attorney for your DUI in Fullerton will make sure that you achieve the best possible outcome when facing DUI or other criminal charges.
Driving under the influence of alcohol or d...
Posted by Richard Wagner | Jan 03, 2023 |
The California Highway Patrol (CHP) and other law enforcement agencies in California make thousands of DUI arrests each year.
The arrest data shows that law enforcement is consistently on the lookout for drivers who are potentially driving under the influence of alcohol or drugs in California. DU...
Posted by Richard Wagner | Jan 02, 2023 |
The California Legislature passed new drunk driving laws a few years ago, allowing more California drivers to obtain restricted licenses. This means that if you have a DMV license suspension for DUI or a DUI conviction and did not refuse the chemical test, you can avoid serving any suspension per...