Currently, there are four counties in California that are participating in the ignition interlock device, IID, pilot program: Los Angeles, Alameda, Tulare, and Sacramento, per California Vehicle Code Section 23700. The pilot program requires all driving under the influence, DUI, defendants, including first time offenders, to pay for, install, and…
California State Senator Jerry Hill plans on introducing a bill on Monday, January 5th, that would require all defendants who are convicted of drunk driving to install ignition interlock devices, (IID’s). A first DUI conviction would result in a 6-month requirement. A second driving under the influence conviction would result…
In San Diego criminal courts, the judge sentences DUI defendants. For first time misdemeanor drunk driving offenders, that sentence usually does not include any jail time other than what was served at the time of the arrest. As for subsequent DUI’s, in custody time is very likely to be ordered.…
San Diego residents often call me for their free phone consultation after being charged with their first drunk driving offense. At the end of the call, the person often says, “I have been talking to my friends and I just don’t know if I need an attorney on a simple…
Out on the town and you had a couple of drinks. Knowing San Diego’s drunk driving laws, you decide it’s best not to drive home and chance getting a DUI. You ask yourself, “How am I going to get home?” You can take the trolley or the bus; however, while…
California has an implied consent law, which requires a driver that is lawfully arrested, suspected of driving under the influence, to submit to a chemical test. The tests that are typically offered for suspected alcohol intoxication is a breath and blood test. A blood test is usually offered for suspected…
If you are driving a vehicle in California, you have agreed to a chemical test of your breath or blood to determine the alcohol and/or drug content, if you are lawfully arrested and suspected of driving under the influence of alcohol, drugs, or a combination of alcohol and drugs, (implied…
Whether you are 21 years old or older, or under 21 years old, if you are arrested for driving under the influence, two separate actions are triggered. The first is the Administrative Per Se, or APS, action from the California Department of Motor Vehicles, which deals with the suspension of…
If you were arrested for DUI in San Diego but criminal charges were never filed, the case was eventually dismissed in court, or you were acquitted after a jury trial, you may be able to have your arrest records sealed and destroyed under California Penal Code Section 851.8. Why would…
The Law Offices of Susan L. Hartman recently wrote a blog article about biking or cycling under the influence, BUI and CUI respectively. Now that it’s summer, not only is it good to brush up on the biking after drinking laws, it is good to also do a quick refresher…