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.
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 –
So your attorney told you that you may be eligible for a plea bargain to a wet reckless? What good is this? What is Vehicle Code § 23103, reckless driving? Will my insurance company treat me different than if I plea to DUI? Will a plea to 23103 “count” as a DUI later, if I get a DUI five years from now? Click on the attached link to read answers to these questions: http://www.greghillassociates.com/lawyer-attorney-1862066.html
Since no two people have the same size of lungs and no two people process alcohol the same, how can such tests be accurate without accounting for such individual characteristics? What about if someone is old or young, obese or thin? These issues were litigated in court in the Van Gelder case. Click on the attached link to read how the court handled these questions: http://www.greghillassociates.com/lawyer-attorney-1813296.html