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...

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...

Common plea-bargained offenses

Common plea-bargained offenses for DUIs include: Wet Reckless Driving refers to a plea-bargained conviction of an alcohol-related reckless driving charge (VC 23103) from an original charge of VC 23152. If both the prosecution and the court agree to a plea to 23103, and the prosecution states on the record that there was consumption of alcohol involved, then VC 23103 is eligible to be a prior DUI in...

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....