Rizio and Nelson California Law Blog

Plea-bargaining in DUI Cases

Plea-bargaining generally results in a lower-charged offense and/or a lighter sentence in exchange for the defendant’s guilty or nolo contendere plea. It also avoids further court proceedings, saving time and money for all parties involved. Nonetheless, the judge in the case must approve the plea bargain in order for it to be effective. Plea bargains are also beneficial during sentencing phases....

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...

Field Sobriety Tests

Law enforcement agencies utilize different field sobriety tests to determine probable cause to make a DUI arrest. The National Highway Traffic and Safety Administration (NHTSA) has conducted studies that determined that some tests are accurate indicators, to a certain degree, of a blood alcohol content (BAC) above .10%. Law enforcement agencies use non-scientific or non-standardized field sobriety...