In some states, there is no requirement that the police officer observe a person suspected of DUI for fifteen minutes before administering a breath test, despite the guidelines set out by the manufacturers of such devices recommending this to ensure an accurate blood alcohol content (BAC) measurement. Why do manufacturers require this and why does California law for DMV hearings require this? Imagine if one took a breath test just seconds after swishing one’s mouth with vodka. For more discussion of this issue, click on the following article – http://www.greghillassociates.com/lawyer-attorney-1904566.html.
One of the trickier defenses available under certain facts is the “rising BAC” defense. It is tricky because one has to agree in large part with the police report and then use an expert who a jury may trust or find confused. It happens when one is arrested for DUI and the BAC is over the legal limit or at the legal limit, but the theory is that when the client was driving 15 minutes, 30 minutes or an hour earlier, his blood alcohol content (BAC) was below the legal limit because it increased or rose after the traffic stop, usually due to the client drinking just before driving and then being stopped soon thereafter. Click on the following article to read more about this defense –http://www.greghillassociates.com/lawyer-attorney-1903600.html.
Anyone arrested for DUI will lose their actual license and be issued a temporary license by the police. On this temporary license, on pink paper, is a lot of small print that can be quite confusing. One thing stated is that the license will automatically expire in 30 days if within 10 days of the arrest one does not contact the DMV to reserve a DMV hearing. What is a DMV hearing? What goes on there? Click on the following article to read answers to these questions –http://www.greghillassociates.com/lawyer-attorney-1892533.html.
Under California’s implied consent law that applies to anyone with a California driver’s license, one must submit to a breath or blood test if a police officer requests this. This can be a confusing situation because a motorist may legally refuse to provide a breath sample on the side of the road before being arrested. However, once arrested, every driver has an obligation to provide a breath or blood sample when asked by police. What happens if one refuses to submit to such a test? Click on the link that follows to read a short article explaining the consequences – http://www.greghillassociates.com/lawyer-attorney-1882821.html.
Most attorneys who have done more than about 20 DMV hearings for a DUI will tell you that it is very hard to win at a DMV hearing, even when one has the law solidly in one’s favor. It is a source of great frustration since the arguments that a judge would find worthy are often ignored or misunderstood by a DMV Hearing Officer. What is the breath test device is improperly calibrated? In other words, its measurement of BAC is inaccurate? Will that matter? Click on the attached article to read answers – http://www.greghillassociates.com/lawyer-attorney-1877554.html.
We often have clients on student visas, work visas, in the process of applying for citizenship and those who intend to apply for citizenship. Such clients contact our office after being arrested for DUI and are worried that they have ruined their ability to stay in the U.S. or become a citizen. What exactly are the consequences of a conviction for DUI? Click on the link that follows to read a short article that answers these questions – http://www.greghillassociates.com/lawyer-attorney-1875645.html.
There is a saying that a pig with lipstick is still a pig. A DUI reduced to a wet reckless, however, is not still a DUI. One who pleads to a wet reckless, under Vehicle Code § 23103, avoids the consequence of being saddled with an ignition interlock device (IID) if the case is in Los Angeles County. The DUI charges are also dismissed. But a wet reckless can certainly feel like dating a pig with lipstick. Click on the attached article to read more – http://www.greghillassociates.com/lawyer-attorney-1862066.html.
It seems fundamentally wrong to allow someone to escape criminal liability when that person drinks so much that he or she is rendered unconscious and becomes so while driving. After all, arguably, if a person is unconscious, he or she does not have any volitional control over what is happening. Does the same unconscious defense insulate second degree murder related to DUI? Click on the attached link to read an article about a case that tackled these questions – http://www.greghillassociates.com/lawyer-attorney-1837019.html.
If one is stopped for DUI, it is quite common for the police to request that the driver submit to a preliminary alcohol screening (PAS) test. This subject blows into a tube and the breath alcohol content (BAC) is measured. The police officer then decides whether to arrest the person, based on the result. What if one is let go? Does that mean everything’s fine? Click on the attached article to read that this may not be so –
Most attorneys will tell a client that a juvenile offense is eligible for sealing and destroying under Welfare and Institutions Code § 781 and 781.5. In contrast, an adult record does not enjoy such a forgiving approach and sealing an adult record is virtually impossible. What about DUI as a juvenile? Does an underage DUI benefit from the same willingness to forgive and forget? Click on the following link to read a summary of a recent federal court decision that addressed this quandary: http://www.greghillassociates.com/lawyer-attorney-1834478.html