Rizio and Nelson California Law Blog

DUI Felony Classification

Felonies are crimes that are punishable up to state prison terms. The term length is variable, depending upon the severity of the crime and the criminal record of the offender, and can be low, mid, or high term. A DUI may be a misdemeanor or a felony depending the offender’s criminal background and other variables. The California court system guides DUI convictions and punishments based on applicable...

California DMV Hearings

Placing the Burden in DMV Hearings The DMV must bear the burden of proof in the Administrative Per Se (APS) hearing. This means 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. Legally Relevant Issues There are only 3 legally relevant issues during...

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...

Manslaughter Laws

Manslaughter is characterized as killing a person exclusive of premeditation or malice aforethought. The term “malice aforethought” indicates having a wicked intent preceding the killing. Like murder, there are different degrees of seriousness of manslaughter: voluntary and involuntary. A) Voluntary manslaughter is described as a killing upon a sudden fight or in the heat of passion. Voluntary...

California DUI Penalties

Put simply, a list of possible penalties for punishment of DUI under California state law: First Offense DUI: Incarceration: 4-180 days Fines: $390-$1,000 with the possible addition of penalty valuations Suspension of Driver’s License: 120-day suspension.  Defendant may possibly apply for hardship permit after 1 month. If the defendant is under the age of 21, 12-month suspension is required. Ignition...

Arrest for Driving under the Influence (DUI)

When police officers suspect a driver of operating a vehicle under the influence of alcohol, they conduct a sobriety test and  carefully observe the physical aspect of the driver.  In order for them to make an arrest, they must have probable cause.  Probable cause is determined by the results of their observations, which are also used by the prosecuting attorney. It is a scientifically proven fact...

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...