Rizio and Nelson California Law Blog

California DUI – First Offense

One of the challenges in California is the quick and swift action that is taken if you are arrested for a DUI charge. Even first time offenders are subject to very harsh penalties if found guilty. Drivers who are convicted for DUI (operating under the influence of drugs or alcohol) will face stiff fines and penalties. Here is some of what can be expected: Loss of driving privileges – Drivers who...

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...

California Felony DUI

Driving under the influence charges are classified either as a misdemeanor or a felony based on the facts surrounding the individual case. How the charges are filed will depend on whether or not the arresting officer determines who was at fault during an accident that involves a drunk driver. Typically if the driver causes injury to someone other than himself, then the charges will be considered a...

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...

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...

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...