Rizio and Nelson California Law Blog

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....