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The short answer is that it depends. Now, I know that sounds very cliché, but it’s the truth. DUI case dismissals really depend upon the facts of each particular case. It is very fact specific. So let’s talk briefly about some of the things that we, as defense attorneys, look at to try to get … Read more

So you get a DUI and you’re under the age of 21. What do you do? We get that question asked a lot of times from people who are under 21, they get arrested for a DUI and they don’t know what to do, or a lot of times from a concerned parent whose child … Read more

The short answer is yes you can. And it’s really going to be dependent upon the facts and circumstances in your case. Keep in mind in order for the government to prove that you’re driving under the influence, the prosecutor has to prove: That you were driving. That your physical and or mental abilities were … Read more

“You have the right to remain silent. Anything you say can and will be used against you in a court of law.” Does that sound familiar? You probably recognize that portion of what I just said as the Miranda Rights and of course you recognize it because we hear it all the time in movies. … Read more

If you’re watching this, it may be because you have been arrested for a DUI and you have some questions on what is an Ignition Interlock Device is (known as an IID), and whether the court is going to order you to get one installed in your car. An Ignition Interlock Device is a portable … Read more

I’d like to talk to you a little bit about what’s known as the driving defense. The driving defense is a common defense that you typically see in DUI cases when the government has a difficult time proving that you were in fact the driver of the vehicle at the time that you were arrested … Read more

What happens after you’ve refused to give a chemical breath test or a blood test after being arrested for a DUI? That’s a common question I get from people who have been arrested for a DUI. Let’s talk about some of the consequences. When you get your driver’s license, you give what’s called implied consent … Read more

I’d like to talk to you about when a DUI is considered a felony in California. There are three circumstances in which you could be looking at a felony DUI: Let’s talk about the first one. The first one is really dependent upon how many prior DUI convictions you have on your record within a … Read more

So you’ve been arrested for a DUI and the first thing that comes to your mind is “what’s going to happen to my license?” I’m going to talk about the license suspension consequences and the possibility of getting a restricted license if you were arrested for a first offense DUI. So if you’ve been arrested … Read more

So you get arrested for a DUI and you have some questions about what happens next, and what happens in the criminal justice system. Well, let’s talk about that. If you get arrested for a misdemeanor DUI you will be given a first court date, and that court date is what’s called the “arraignment.” At … Read more

Most people think that you can only get a DUI, meaning driving under the influence, if you’ve had alcohol in your system and that’s it. But that’s not necessarily the case. You can still get a DUI if you’ve been driving while under the influence of drugs, whether that be from prescription drugs or not. … Read more

So, you came here to San Diego to visit and you get a DUI, but you don’t live in California. What do you do? Does that scenario sound familiar to you? Well, let’s talk a little bit about what happens if you’re an out-of-state driver and you get arrested for a DUI here in the … Read more

Now, let me be the first to tell you that I am not an immigration attorney. And if you have specific questions concerning your immigration status, and if you’re facing a DUI, then I would suggest that you do confer or consult with an immigration attorney or an attorney who specializes in immigration. However, I … Read more

The short answer is yes. Yes, it can. But remember, there are certain processes that need to take place before you can get the expungement process started. So let’s talk about them. One of the common misconceptions is that you can get a DUI expunged after the conviction while you’re still on probation. That is … Read more

My answer to you is that it really is going to depend on what type of prospective employer, you have, and what type of background check that is run. So, let me give you an example: If you have a private employer, not a government related employer, but a private employer that just does your … Read more