Felony DUI Defense Under VC 23152 & 23153

Felony vs. Misdemeanor DUI in California | VC 23152 & VC 23153

In California, driving under the influence (DUI) is a serious criminal offense that can result in significant legal consequences. Whether a DUI is charged as a felony or misdemeanor depends on several factors, including the driver’s prior DUI convictions, the circumstances surrounding the incident, and whether anyone was injured as a result. Below is an […]
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California BAC and Zero Tolerance Law Explained

Difference Between BAC and Zero Tolerance in California DUI Cases

In California DUI cases, the terms Blood Alcohol Concentration (BAC) and Zero Tolerance refer to different legal standards for alcohol consumption while driving. Both are crucial in determining DUI charges, but they apply to different groups of drivers and situations. Let’s break down the specifics of each: Blood Alcohol Concentration (BAC) in DUI Cases Blood […]
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Underage Drinking in California: What You Need to Know

What Constitutes Underage Drinking in California? Underage drinking refers to the consumption of alcoholic beverages by individuals below the legal drinking age of 21. In California, this includes any situation where a minor (a person under 21 years old) consumes, possesses, purchases, or attempts to purchase alcohol. The legal drinking age in California is 21, aligning […]
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Does Failing a Sobriety Test Guarantee a Conviction in California?

Does Failing a Sobriety Test Guarantee a Conviction in California? Facing DUI charges can be overwhelming, and the role of sobriety tests in these cases is critical. Sobriety tests are used by law enforcement to assess whether a driver is under the influence of alcohol or drugs. Understanding these tests, their accuracy, and how they […]
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Marijuana DUI in California: Understanding Your Rights and Responsibilities

What Constitutes a Marijuana DUI in California? In California, driving under the influence of marijuana constitutes a violation of Vehicle Code 23152(f). This law makes it illegal to operate a vehicle if you are impaired by marijuana or any other drug. Being “under the influence” means that due to marijuana consumption, your physical or mental […]
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How to Secure a Restricted Driving License in California Following a DUI

  A restricted license is a special permit issued by the California Department of Motor Vehicles (DMV) that allows individuals with suspended driver’s licenses to drive under specific conditions. This type of license is typically granted to individuals who need to drive to essential commitments, such as work, school, or DUI treatment programs. The privileges […]
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Can You Refuse a Breathalyzer Test in California?

if you’re pulled over for suspected DUI, law enforcement is likely to request a breathalyzer test to assess your BAC. While complying is often advised, should you choose to refuse, it’s vital to understand the resulting legal and practical consequences. Refusing a breathalyzer under the state’s implied consent law, which you agree to by driving, […]
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Comprehensive Guide to California DUI Penalties

DUI Defense at The Law Offices of Arash Hashemi Facing a DUI charge in California can lead to significant consequences, including fines, license suspensions, and possible imprisonment. The DUI laws are extensive and strictly applied by both the criminal justice system and the Department of Motor Vehicles (DMV). At The Law Offices of Arash Hashemi, […]
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What to Expect During a Criminal Trial in Los Angeles

Defendant’s Right to Have a Lawyer In California, every criminal defendant has the right to legal representation. This right is guaranteed by the Sixth Amendment of the U.S. Constitution. If a defendant cannot afford a lawyer, the court will appoint one. This is known as a public defender. Defendants can also choose to hire a […]
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California Ignition Interlock Devices: What DUI Drivers Need to Know

Understanding Ignition Interlock Devices in California An Ignition Interlock Device (IID) is a breathalyzer installed in vehicles to prevent operation by drivers under the influence of alcohol. In California, IIDs serve as a measure to curb repeat DUI offenses. The device requires the driver to provide a breath sample before starting the car. If alcohol […]
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How the Fourth Amendment Protects You During Vehicle Searches in California

The Fourth Amendment’s Influence on Vehicle Searches in California The Fourth Amendment requires probable cause for law enforcement to search vehicles, aiming to prevent unreasonable searches and seizures. Vehicle searches in California adhere to this, with laws allowing adaptations due to vehicles’ dynamic nature. In California, searches need probable cause, in line with the Fourth […]
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Underage DUI In California: Laws and Penalties

Understanding Zero Tolerance Laws in California California enforces zero tolerance laws to address underage drinking and driving, prohibiting individuals under 21 from operating a vehicle with any detectable alcohol in their system. These laws reflect a stringent approach to prevent the risks associated with underage drinking. Under California’s zero tolerance policy, it is a criminal […]
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Penalties for Third DUI Offense in California

Understanding a Third DUI Offense in California: Penalties and Legal Strategies

Understanding a Third DUI Offense in California In California, the severity of driving under the influence (DUI) charges escalates with each arrest. If you commit a third DUI offense within a 10-year period, you face incredibly serious consequences, such as fines, jail time, and restrictions on your driver’s license. DUIs Count as Prior Offenses in […]
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Home Improvement’s Zachery Ty Bryan Detained on Felony DUI and Contempt Charges

Zachery Ty Bryan, known for “Home Improvement,” faces legal challenges after his DUI arrest in La Quinta, California. This document breaks down the incident, charges, and potential legal outcomes, focusing on specific penal codes and dates for clarity. Incident Details: Date of Arrest: In the early hours of Saturday, February 17th Location: La Quinta, California. […]
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Driving Under the Influence of Drugs in California

Driving Under the Influence of Drugs in California

Drug-Impaired Driving in California In California, the law defines drug-impaired driving as operating a vehicle while under the influence of any substance, excluding alcohol, that significantly impairs your muscles, brain, or nervous system. This definition includes a wide range of substances, from illegal drugs like methamphetamine and heroin to legal medications such as marijuana, over-the-counter […]
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Palmdale Mayor Pro Tem Andrea Alarcón Arrested for Suspected DUI in Glendale

Palmdale Mayor Pro Tem Andrea Alarcón, is currently facing legal challenges stemming from a recent DUI Arrest. Around 3 a.m. in downtown Glendale, California, law enforcement officers observed Alarcón’s vehicle displaying erratic driving behavior. Her actions included making wide turns into opposing lanes, prompting officers to intervene. This led to her arrest on suspicion of […]
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DUI vs. Wet Reckless Explained

In Los Angeles, those facing DUI charges might plead to a lesser “wet reckless” charge. This option often arises when evidence is weak or the defendant’s BAC is low. This article examines the distinctions between DUI and wet reckless charges in California. What is a “Wet Reckless” Charge? A wet reckless charge, as outlined in […]
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DUI arrest process in Los Angeles

How to Expunge a DUI Conviction in California

The Impact of a DUI Conviction in California In California, driving with a blood alcohol content (BAC) of 0.08% or higher is illegal, with stricter limits for commercial drivers and those under 21. The consequences of a DUI conviction are substantial and long-lasting, including: Significant fines. A possible jail term of up to six months. […]
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Assemblymember Wendy Carrillo Arrested on Suspicion of DUI

Los Angeles police arrested Assemblymember Wendy Carrillo for DUI following a collision. Her high BAC and the crash have drawn public attention. Examining the Incident: On Friday, November 3rd, at approximately 1:30 a.m., police responded to an incident involving Carrillo. She had hit parked cars, and her blood-alcohol level was reportedly twice the legal limit. […]
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California DUI Laws: A Closer Look At Repeat Offenses

Driving under the influence (DUI) is a serious offense with significant legal consequences, especially in California. A recent news article sheds light on the severity of penalties for multiple DUI offenses and related violations. This article explores the news piece’s details while examining California’s rules on interlock violations, secondary aggravated DUI, and driving with a […]
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Man Claims He Was Only Drinking “At Stop Signs” While Driving

On June 27, 2018, Vero Beach police received a call from a McDonald’s drive-thru customer who complained that a driver behind her was repeatedly bumping her car. At the scene, police found 69 year-old Earle Stevens behind the wheel with an open bottle of alcohol in a paper bag on the passenger seat. He was […]
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Actor Shia LeBeouf Arrested for Drunk in Public Charges

Actor Shia LeBeouf spent Saturday, July 8, 2017, in jail in Savannah, Georgia. He was arrested on charges of obstruction, disorderly conduct, and public intoxication. LeBeouf and his beard were taken into custody early Saturday morning and released on $7,000 bond. According to authorities, LeBeouf approached a person asking for a cigarette while a nearby police […]
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The Blood Alcohol Content Equation (Guest Post)

Commonly modern technology, such as a Breathalyzer or obtaining a blood sample from the accused, are used to calculate BAC. The purpose of this article is to help the reader understand how to calculate blood alcohol content using only a BAC Table. BAC stands for Blood Alcohol Content and refers to the amount of alcohol […]
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Desira Crittenden Killed in an Auto Accident with an alleged Drunk Driver

CSUN student Desira Crittenden was killed in a car accident allegedly caused by a driver under the influence. The vehicle she was in was struck while going through an intersection in Northridge, California. The driver of the other vehicle was hospitalized in stable condition and arrested for suspicion of DUI. A total of five people — three females […]
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John Stamos Hospitalized after Police Stop for Suspected DUI

On June 12, 2015, the actor John Stamos was stopped by police and was later transported to the hospital for an unspecified condition according to the LA Times. There were multiple calls made to the police about a possible intoxicated driver in the area around Beverly Hill city hall. When the police pulled Mr. John Stamos over […]
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California Highway Patrol Expanded DUI Checkpoints for Memorial Day

The Memorial Day weekend has seen a rise in fatal accidents in years past so the Highway Patrol was very vigilant in seat belt usage this past weekend. There was an increase in DUI checkpoints as well. The use of checkpoints for DUI is to make citizens more aware of the problems caused by driving under the […]
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Possible Road Rage Incident has Police Investigating many Felonies

On May 9, 2015, CBS Los Angeles reported of a fatal accident involving a white Mercedes sedan and an Audi SUV in Beverly Hills. The two vehicles collided at Olympic Boulevard and Swall Drive around midnight and a passenger in the Mercedes was killed. No other serious injuries were reported but the other passengers did […]
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Contra Costa County Man Sentenced to 5 Years for DUI

The Sacramento Bee has reported that Michael Ramirez of Contra Costa, who had multiple previous DUI convictions, has been sentenced to five years in prison for driving under the influence and operating a vehicle with a suspended license. A member of the sheriff’s office in El Dorado County had stopped Mr. Ramirez because, even though […]
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California Police Were Ready for St. Patrick’s Day

St. Patrick’s Day is usually reserved for Parades and getting together with your friends. Unfortunately some times that get together involves drinking after work and that can turn the day from fun to no fun quickly. The National Highway Safety Council however rates this as one of the worst days involving traffic fatalities. The state […]
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Driver in Fatal Car Crash Pleads guilty

A California woman, who was operating a vehicle that hit another car, killing the driver and seriously injuring his wife, has pleaded guilty recently in a San Diego courtroom to a manslaughter charge. The accident happened in February of 2013. A seventy seven year old man driving a car that the defendant hit was killed […]
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Michael Phelps Arrested for DUI, Offers Apology.

On September 30, 2014, at approximately 1:40 am Maryland Transportation Officers observed a white Land Rover traveling at 84mph in a 45mph speed zone. The car was crossing double lane lines. Officers initiated a traffic stop and discovered that the driver was non-other than 22-time Olympic medalist Michael Phelps. Even though Phelps was cooperative he was “unable […]
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