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...

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...

Felony DUI

A DUI felony means that you are at fault for a collision where someone other than you has been injured.  If you are not at fault, then the DUI will be charged as a misdemeanor.  It is an important distinction because all felonies are punishable by imprisonment. Prison time for a felony DUI varies.  Jail time may be short term or long term depending on the severity of the collision.  Once you have...

Vehicular Homicide

Homicide in relation to a car accident is often called a Watson murder.  This is a result of a multiple DUI offender being charged with second-degree murder. Second-degree murder implies malice. California Penal Code Section 188 defines malice in relation to a vehicular homicide, as “Such malice may be express or implied. It is express when there is manifested a deliberate intention unlawfully...

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...