Rizio and Nelson California Law Blog

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...

When is a DUI a felony?

The DUI is a felony if the driver of a vehicle drives while impaired by alcohol and/or drugs and commits a forbidden act or neglects a duty imposed by law in driving the vehicle that was the proximate cause of the traffic accident and injures someone other than himself. However, placement of the fault must be on the driver for the traffic accident. Alcohol or drug impairment without classification...

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...