DUI Legal News

December 07, 2017

7 Tips for Cannabis Event Organizers

With an influx of cannabis products coming in 2018, organizing and hosting cannabis events could be lucrative. Sections 5601-5603 of the Emergency Regulations address Temporary Cannabis Event Licenses. This article will break those sections down, and point out a few tips to consider...


December 04, 2017

How to Avoid Having Your Cannabis Delivery Service Closed

Delivery services figure to provide cannabusinesses with an invaluable revenue stream. However, the make it clear that delivering cannabis goods will be heavily regulated. Let's discuss the delivery regulations that were just released on November 16, 2017...


November 27, 2017

Sacramento DUIs: What The District Attorney Has To Prove

Sacramento DUIs are charged under two different code sections: Vehicle Code (VC) 23152 and VC 23153. The difference between VC 23152 and 23153 is simple: VC 23153 is charged when someone other than the defendant is injured, whereas VC 23152 does not involve any injuries...


November 09, 2017

Setting Your Cannabusiness Apart

The floodgates are going to open once California shifts to a for-profit model in 2018. How are you going to distinguish your product and/or service in the market...


November 06, 2017

Marijuana DUIs in California: Scientific & Legal Limbo

The jury is still out on marijuana's impact on one's ability to drive, but one thing is for certain: cannabis DUI charges are becoming more and more common in California. This does not mean prosecutors are getting convictions, however. This article lays out the difficulties in prosecuting a marijuana DUI, and where the law is likely headed...


July 03, 2017

Know What to do At DUI Checkpoints in Sacramento County

The 4th of July is known for getting together with family and celebrating our nation's Independence Day. However, this celebration can quickly turn into a nightmare if you run into a Sacramento DUI checkpoint and are charged with a Driving Under the Influence Penalty...


May 03, 2017

Marijuana Law Pocket Guide for Cannabis Entrepreneurs

This past election, California passed the "Control, Regulate, and Tax Adult Use of Marijuana Act" or better known as the "Adult Use of Marijuana Act." Although recreational use and entrepreneurial avenues have had their shackles broken free by the state of California, it's still illegal to possess, cultivate, distribute, and manufacture marijuana under federal law...


October 13, 2016

Should I Hire a DUI Attorney?

This question (or some variation of it) comes up in almost every single consultation, and understandably so. Potential clients want to know if hiring a private attorney is worth the investment. This article aims to answer that question. Three DUI Defense Options: Represent Yourself, Public Defender, or Private Attorney I hesitate to even label it...


October 06, 2016

Overview of the DUI Process

Going to court for DUI charges is intimidating. This article will give an overview of the Sacramento DUI process to alleviate some of the nerves everyone experiences before going to court. Table of Contents1 The Arraignment2 Pre-trial Conference3 Trial4 Appeal The Arraignment The purpose of an arraignment is to make you aware of your charges....


October 04, 2016

Can I Refuse to Complete a Field Sobriety Test?

Table of Contents1 Introduction2 In Most Circumstances, You Should Refuse to do Field Sobriety Tests3 However, Refusing to Blow into the Preliminary Alcohol Screening Device may Undercut a Rising Alcohol Defense4 Conclusion Introduction Field Sobriety Tests (FSTs) are standardized tests used by police to establish probable cause to arrest a DUI suspect. The point of this....


May 27, 2016

Why am I being charged with two Vehicle Code Sections?

When charging for a DUI for alcohol, the District Attorney charges two Vehicle Code (VC) sections: VC 23152(a) and VC 23152(b). Let's talk more about what each of these sections entail. VC 23152(a) doesn't require that your BAC be at any particular level. It simply considers whether or not you drove "under the influence" or...


May 26, 2016

The Rising Alcohol Defense

A defense that is commonly used at trial is the "Rising Alcohol Defense." In short, this defense argues that the breath/blood tests administered during the DUI investigation don't accurately represent the BAC because of the time in between driving and the administration of the tests. Depending on the drinking pattern, one's blood alcohol level could....


February 17, 2016

How Long Will My First DUI Stay With Me?

Find out whether or not you will be charged with a first or second DUI ....


February 17, 2016

Can I Permanently Lose My Commercial License If I Get a DUI?

Find out what the punishments are for being convicted of a DUI as a commercial license holder....


February 15, 2016

Can a DUI be Dismissed if I'm Not Given My Miranda Rights?

SHORT ANSWER Failure to read a person their Miranda rights typically does not result in dismissal of a case. LONG ANSWER In most cases, a Miranda violation does not lead to dismissal of a DUI case. An officer only has to read you your Miranda rights when you are in custody and being interrogated. Confusingly,....


February 12, 2016

Can I Get a DUI for Marijuana?

Find out whether or not driving under the influence of marijuana can result in a DUI ....


February 10, 2016

Can I Have a Past DUI Conviction Removed from My Record?

Expungements pursuant to Penal Code 1203.4....


February 09, 2016

What Happens to My Drivers License After a DUI?

Protect your driver's license after being arrested for DUI....


December 18, 2015

Will You I Go to Jail for a 3rd DUI in Sacramento County?

Find out whether or not a 3rd DUI will result in jail time.....


December 17, 2015

Can I Go to Jail for a Second DUI Offense in Sacramento?

Find out whether or not a 2nd DUI will result in jail time.....


December 16, 2015

Will I Go to Jail for a First DUI Offense in Sacramento?

Being charged with a First DUI in Sacramento County? Read this short article to find out if you'll have to do any time in custody.....