Rizio and Nelson California Law Blog

Challenging Breathalyzer Tests

When an individual is tested by a police officer to determine whether they are drunk, it is common for them to use a breathalyzer test. These are devices that the individual blows air into and they measure the amount of alcohol in the blood by using a mathematical formula. The problem, though, is that these devices are not precisely accurate for each individual. There are many factors that can affect...

DUI – Other consequences

The courts or the registry may require that you not only lose your license but also face high fines, lose your car or even have a locking device on your ignition if you’re convicted of drunk driving. This is a frightening time for you if you’re convicted and you’ll be faced with a criminal record which could seriously impact your future possibilities for employment, housing and more. Don’t...

DUI – Your Freedom and your License

Being convicted of DUI charges means that you will haunt you in your future – whether it’s your work, your personal life or your future driving abilities, there is no getting away from the stigma of a DUI charge. Since these charges carry not only criminal charges but may also result in charges that are administrative in nature filed by the DMV (Department of Motor Vehicles) the attorney...

Protecting yourself in DUI situations

Less than 70% of DUI arrests in California result in a conviction. Preparation, knowledge, and an excellent DUI attorney in Riverside, CA (or other area, served by Rizio and Nelson) are among your best defenses. So, hiring a good DUI attorney is absolutely your best decision and ought to be your first move. Did you know that only about 30% of the arrests for drunk driving in California ever result...

Non-Standardized Testing DUI — Finger Count Test

Law enforcement agencies utilize a number of different field sobriety tests in order to determine enough probable cause to make a DUI arrest. The National Highway Traffic and Safety Administration (NHTSA) has conducted studies that have determined that some tests are accurate indicators, to a certain degree, of a blood alcohol content (BAC) above .10%. However, law enforcement agencies frequently use...

DUI Non-Standardized Testing — Alphabet Test

Law enforcement agencies utilize a number of different field sobriety tests in order to determine enough probable cause to make a DUI arrest. The National Highway Traffic and Safety Administration (NHTSA) has conducted studies that have determined that some tests are accurate indicators, to a certain degree, of a blood alcohol content (BAC) above .10%. However, law enforcement agencies frequently use...

DUI Arrests: Placing the Burden in DMV Hearings

The DMV is required to bear the burden of proof in the Administrative Per Se (APS) hearing. The burden of proof states that there is more evidence balanced in favor of driving under the influence of alcohol. State law has mandated that the burden rests with the DMV to justify its order of driver’s license suspension. There are only 3 issues that are legally relevant during an APS hearing. The...

DUI Arrests: Forced Blood Testing

When a person has been lawfully arrested for a DUI, the implied consent laws dictate that a chemical test may be given in order to determine his or her blood alcohol content (BAC) and resulting level of intoxication. If a person refuses to submit to the chemical test, law enforcement may elect to take a “forced blood draw.” Law enforcement officers may physically grasp the suspect or threaten...