Impairment

Your Rights During a California DUI Arrest

April 14, 2010 | Ronald N. Hoffman

When you are pulled over on suspicion of driving while intoxicated there are several requirements that you must comply with. Knowing what you must do and what you have the right to refuse will better your chances of fighting a DUI case and will help weaken the government’s case.

A preliminary screening test is not required by law. If the officer asks you to take a test that will give a reading on your Blood Alcohol Level (BAC) at the site of the alleged DUI, this is upon your volition. It is not required that you take this test, you can choose to wait until you reach the station.

It is necessary that you provide the arresting officer with your basic information. This may include showing him or her a form of ID, insurance information and current address and phone number. The law requires that you have to provide this to the arresting officer and may not refuse to do so.

Probable Cause in a Los Angeles DUI Case

April 2, 2010 | Ronald N. Hoffman

A requisite element to be found guilty of and charged with a California DUI is valid probable cause. An officer has valid probable cause if he observes any Vehicle Code Violation whether it has to do with alcohol impairment or not.

Direct and blatant violations such as weaving, failing to stop at a stop sign, or an expired license, will establish probable cause as required by law. Arresting officers are trained to look for these common violations to pull someone over and issue a citation. More often than not, people are stopped for a simple violation that has nothing to do with drinking. It can be as simple as being pulled over for a broken taillight and the officer will notice symptoms of alcohol such as red watery eyes, slurred speech or odor of alcohol in the car on the person and will initiate a DUI investigation.

In contrast to direct vehicle code violations, in certain situations probable cause is not required. An exception to probable cause is during a welfare check. If you are pulled over at the side of the road, fighting with someone in your car or even if you have a flat tire, a police officer will stop to see if you need help and if you are okay. This is considered a welfare check conducted by the police officer as part of his duty to check upon the welfare of the general public. If the officer conducts a welfare check and notices that you exhibit symptoms of being intoxicated, he will also conduct a DUI investigation. In instances where you are arrested for a DUI during a welfare check, the legal requirement of probable cause is not necessary.

Los Angeles DUI Stop And Arrest: Can I Get Arrested For Using Perscription Drugs?

March 22, 2010 | Ronald N. Hoffman

While the laws in California typically prohibit the use of alcohol and illegal substances like marijuana and cocaine, other drugs can get you arrested too.s

The determining factor with illegal or even perscription medication, is if the drug has created sufficient effect to create impairment in the driver’s ability to safely operate a motor vehicle. Frequently, clients are arrested for being under the influence of Vicodin, anti-anxiety or depression medication. This is true whether or not the person taking the drugs has a valid prescription, or has obtained these use popular street drugs unlawfully. The majority of these medications usually have warnings regarding the potential effects of these drugs on their bottles.

Even over-the-counter cold medications like NyQuil can cause impairment in coordination and other motor skills required for driving due to their high alcohol content. My clients, although rarely intentionally taking these medications to becomesinpaired, often find themselves arrested for driving under the influence of drugs. Increased impairment iss