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...

Concealed Weapons Laws

Usually, California law forbids a person from carrying loaded guns on his or her person or in a motor vehicle while in a public place. California Penal Code §12025 clarifies the California laws regarding firearms. A person is guilty of carrying a concealed weapon when he or she: a) Carries a concealed weapon within any motor vehicle under his or her control or direction; b) Carries a concealed weapon...

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...

Drug Possession

In order to prosecute a person for possession of drugs for personal use, the prosecution must prove that the person had knowledge of the presence of the controlled substance, and knowledge that the substance was in fact a controlled substance. There are two types of possession: Actual possession means that a person knowingly has direct physical control over a controlled substance. Constructive possession...

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...