What are Field Sobriety Tests? Field sobriety tests are often divided attention tests (think rub your stomach while patting your head). Although they are not scientific tests, law enforcement uses them to obtain evidence of driving under the influence. The results of the tests are used by prosecutors to convict …
DACA and DUI Overview DACA and DUI do not mix. If you are convicted of a DUI with DACA, USCIS will not renew your DACA. A misdemeanor DUI conviction under Vehicle Code § 23152 or §23153 is a “significant misdemeanor” and a bar to eligibility for DACA. Without DACA protection, USCIC could deport …
What is a marijuana DUI? A “marijuana DUI” is driving under the influence of marijuana. It is illegal under Vehicle Code § 23152(f). A person is “under the influence” of marijuana if they are unable to drive with the caution of a sober person. Recreational Marijuana Recreational marijuana is legal …
What are DUI court hearings? DUI court hearings begin with an arraignment. The next steps are pre-trial conferences, and motions (if necessary). Most DUI cases are resolved during the pre-trial stage by plea agreement with the prosecutor. However, the defendant has the right to go to trial and have a …
Overview You are entitled to a DMV hearing to contest the suspension of your license by the DMV. However, if you fail to request a hearing, the DMV will suspend your license. The DMV has the power to suspend your license if you refused to submit to a blood, breath …
(h) If the defendant has performed satisfactorily in diversion, at the end of the period of diversion, the court shall dismiss the defendant’s criminal charges that were the subject of the criminal proceedings at the time of the initial diversion. A court may conclude that the defendant has performed satisfactorily if …
(i) A record filed with the Department of Justice shall indicate the disposition of those cases diverted pursuant to this chapter. Upon successful completion of a diversion program, the arrest upon which the diversion was based shall be deemed to have never occurred. The defendant may indicate in response to a …
(a) (1) (A) Commencing July 1, 2022, and subject to an appropriation in the annual Budget Act, on a monthly basis, the Department of Justice shall review the records in the statewide criminal justice databases, and based on information in the state summary criminal history repository and the Supervised Release File, shall identify …
A DUI arrest begins with a law enforcement encounter, followed by a DUI investigation, and eventually an arrest.
A basic guide for people charged with their second DUI. Learn about the processes and events involved in a second DUI case.