Matthew J DUI/DWI Law Blog

Here is the scenario: A person has one or more convictions for DUI in an out of state venue.  That person now picks up a new DUI in California.  What should the person be concerned about?  First, they need a California DUI Attorney that is familiar with the ramifications of out of state DUI's in CA Courts.  The primary requirement for the out of state DUI to qualify for a prior in California is that it be the equivalent of a CA ... Read More

California Law proscribes that anyone with a .08 or higher blood alcohol level will be in violation of 23152b of the vehicle code.  However, that law does not cover those that are under the age of 21.  Most Underage DUI Lawyers will tell you that the current trend of the law is to tighten enforcement for minors who drink and drive.... Read More

Recently, in the case of People vs. Torres a California Appellate Court tossed out a conviction for DUI in a case where a jury found the defendant guilty of driving under the influence of DUI.  As a Los Angeles DUI lawyer I have seen this scenario many times.  The Court found that there is substantial evidence Torres was under the influence of ethamphetamine when he was arrested. He admitted recent methamphetamine use, he exhibited symptom... Read More

In California, the vehicle code does not differentiate a dui from drugs versus alcohol, the statute is found in vehicle code section 23152, which allows for a DUI for either drugs or alcohol or both.  With that being said, as a Malibu DUI Attorney, I have seen countless cases of arrests for drug impairment, alcohol impairment and both alcohol and drugs and I have seen the prosecution of these cases with mixed resu... Read More

An "APS" suspension is grounded in the vehicle code in California's widely used "implied consent" laws: the law provides that any person driving in this state is "presumed" to impliedly consent to chemical testing if he is suspected of drunk driving. It would certainly seem, however, that the procedure violates the U.S. Constitution. First, there appears to be a presumption of guilt and lack of due process: the officer is judge, jury and executioner. Second, it... Read More

The South Bay DUI task force will be conducting sobriety checkpoints from: 7:30 tonight to 3 a.m. Saturday in the eastbound lanes of El Segundo Boulevard at Halldale Avenue in Gardena California.

seven this evening until 3 a.m. Saturday on Alameda Street north of Sepulveda Boulevard and on Avalon Boulevard north of Carson Street in Carson.  Various police agencies will be participating in the exercise.

7:30 p.m. Saturday to 4 a.m. Sunday at Rosecrans and Isis avenues in Haw... Read More

The answer to this question is an unequivocal no.  In fact, the police have every legal right to ask for your permission to search your car or home. However, you have every legal right to refuse. Unless there is probable cause to search, the police have no business looking through your personal items.    The United States Constitution mandates that all people shall be free from unreasonable searches and seizures. What type of governmental conduct is deemed unreasonable, and t... Read More

The cost of a competent DUI attorney will certainly vary, of course, by the reputation and experience of the lawyer and by the geographic location. As with doctors, generally, the more skilled the DUI attorney and the larger the city, the higher the fee as is the case of a Los Angeles DUI Attorney. A related factor is the amount of time a lawyer devotes to his cases: the better lawyers take fewer clients, spending more hours on each. Here are s... Read More

A new Federal program will seek to allow cops to draw a person's blood at the scene of arrest if NHTSA has its way. The federal program's aim is to determine if blood draws by police officers can be an effective tool against DUI and aid in their prosecution. If the results seem promising after a year or two, the National Highway Traffic Safety Administration will encourage all local state police nationwide to undergo similar blood draw training... Read More

California DUI law is complex and often confusing.   In California, persons arrested for a DUI will often see two separate charges contained within the ticket or booking sheet they are given after release.  As a Compton DUI Attorney, I am often consulted by folks unfamiliar with the fine points of California DUI laws.  Here is a brief explanation of the two counts.  The "a" count is act... Read More