Driving Under the Influence of Drugs (DUID)

In California, driving under the influence of drugs cases are prosecuted in much the same way as DUI cases involving alcohol. The key is whether you were physically or mentally impaired by the drug to the degree that it made you an unsafe driver. Being under the influence, whether alcohol or drugs, is defined as physical or mental impairment to the extent that you are unable to drive with the same caution characteristic of a sober person or ordinary prudence under the same or similar circumstances.

You can be charged with driving under the influence of drugs, or DUID, after ingesting a drug that is legal or illegal, prescribed or over-the-counter. Many people mistakenly believe that if a doctor prescribes a drug, they are allowed to drive while taking it. Unfortunately, this can be a mistake with rather severe consequences.

Unlike DUI alcohol cases, there is no “per se” limit involving drugs. The prosecutor will try to prove that you were driving under the influence of drugs by introducing evidence related to physical signs and symptoms, driving patterns, field sobriety test performance, and chemical test results, if available.

There are certain law-enforcement officers, called drug recognition evaluators, or DREs, who are trained to identify signs of drug use. Police may call in a DRE to evaluate you if you’re suspected of driving under the influence of drugs. DREs are supposed to follow certain protocols in their evaluations, but a skilled attorney may be able to demonstrate that the proper procedures weren’t followed, or that the supposed signs and symptoms were ambiguous and just as consistent with non-impairment as they were with impairment.

Being convicted of driving under the influence of alcohol or drugs can have serious and lifelong consequences. The first step in reducing these repercussions or eliminating them altogether is to consult with a top DUID lawyer.

Man Found Burning Next to Freeway in Santa Barbara Identified

August 6, 2010 - On Wednesday, authorities identified a human body found burning next to the 101 freeway in Santa Barbara county on July 15 to be Bernardo Alvarez, a Tarzana restaurant waiter. His body was found badly charred, but according to the autopsy reports, Alvarez died prior to the fire. Further reports state that no obvious signs of physical trauma was found, but a toxicology report showed drugs and alcohol in the system.

Alvarez worked at the Greystoke Grill and was well liked by his co-workers. Coincidentally, the restaurant is a favorite of local law enforcement. When he didn't show up for work for 2 days after not missing a day for 10 years, his boss grew concerned and filed a missing-persons report.

Joel Koury, managing attorney for the Kavinoky Law Firm has been retained to represent parties involved in the case, though no formal charges have been made. According to attorney Koury, "Investigations are still being conducted. It's our firm's job to make sure that friends and relatives are left to grieve. We also want to use every means necessary to ensure that individuals considered to be witnesses don't all of a sudden become suspects." Alvarez's friends and family remain deeply saddened, but declined to be interviewed. At this point, the death is considered "suspicious" but has not been ruled a homicide.

According to the Santa Barbara Sheriff's Department and the Los Angeles Police Department, DNA testing proved that the body was in fact Alvarez. In a press conference, officials implored the public for any knowledge of the death.

Alvarez was last seen leaving a Ventura Boulevard restaurant, but no further details were disclosed.

Chris Klein Arrested for a DUI

Chris Klein, famed actor from the movie "American Pie," was formally charged with a DUI on Monday. He is currently facing 2 misdemeanor charges of driving under the influence, and could face up to a year in jail.

According to the CHP, Klein was arrested on June 16th after being seen weaving across lanes on the 101 in Sherman Oaks. This is not Klein's first DUI offense. In 2005, he was fined $1,800 and served community service after pleading guilty of a DUI in San Diego county.

Because this is his second DUI offense, he faces more serious consequences. If his APS hearing or his criminal conviction is unsuccessfully challenged, he loses his driving privileges. The DMV may suspend his license for two years upon learning of a second drunk driving conviction within 10 years. He may also face a mandatory installation of an ignition interlock device.

Please visit www.CaliforniaDUIHelp.com for more information.

Dealing with Sobriety Checkpoints and Roadblocks

Whether or not you have had a drink and could possibly be near the legal limit of .08% BAC, you do have certain rights you may choose to exercise your rights and limit your participation in a sobriety roadblock or DUI checkpoint.

1. You DO have the right to avoid the drunk driving checkpoint and turn around. By law, the police are supposed to provide a safe turn out area for drivers who choose to not go through. Often times, there is an extra cop parked in a squad car or on a motorcycle who can go after you and ask why you avoided the roadblock. Is this probable cause? Did you do something wrong or illegal? DON'T MAKE AN ILLEGAL UTURN.

2. For adult drivers 21 years and over: You do NOT have to perform any field sobriety tests, nor blow into a handheld breathalyzer. The roadside gymnastics are completely voluntary, regardless of whether you're asked or just ordered to start doing the leg and pen and tricks. Drivers under 21 years of age, considered minors as far as drinking, do have to submit to roadside tests under California's Zero Tolerance laws.

3. When you stop at the designated check, the police officer's first goal is to smell your breath and look at your eyes, so he or she will want the window rolled down so they can get close to your face. You do have the option of leaving the driver's side window rolled up three quarters of the way, which will leave enough room for you to hand the officer your drivers license, registration, and proof of insurance. The officer will be watching your motor skills, alertness, and coordination while asking you questions and requesting your license, etc. If it appears you can't do two things at once, answer the questions while retrieving registration from the glove box, etc., you will arouse the officer's suspicion. They will probably ask you to roll down the window, if you don't comply, they will probably ask you to proceed to the secondary inspection area, where you'll be asked to step out of the car.

4. Once requested to exit the car, you'll need to do so. Be sure and be polite and respectful, but don't answer any questions other than those required by law. you must identify yourself ( provided by your drivers license info ), confirm your current address, provide registration, and proof of insurance. Any additional questions you can decline to answer by saying "I choose to not participate except as required by law", or "I would like to speak to an attorney if I'm going to be questioned", or "I choose to not answer questions", "am I free to leave?", "Would you like to see my driver's license again?", again, "am I free to leave now?" or "have I answered the questions required by law?".

What is an Expungement?

Once you’ve paid your debt to society with fines, a jail sentence, or successfully completing probation, it is time to clean up your criminal record. Expungement of your criminal record can help you in many areas of your life, such as getting jobs, achieving an education, obtaining professional licensure and perhaps most importantly, gaining peace of mind.

An expungement will seal your criminal records from your file. Once your record is expunged, you no longer need to disclose your criminal record on job applications, except when applying for public office, for licensure by any state or local agency, or for contracting with the California State Lottery. Otherwise, it's as if the offense never happened.

California has made big changes in its expungement laws as of January 1, 2008. In the past, you could have a criminal conviction such as DUI, hit-and-run, vehicular manslaughter or evading a police officer expunged merely by fulfilling the requirements of your sentence and probation.

However, California’s new law requires that you have a formal court hearing regarding your expungement, and the presiding judge has complete discretion over whether your criminal conviction is removed from your record or remains as written.

Therefore, the hearing may require calling witnesses, filing legal declarations, preparing additional information for the court about you and your particular circumstances, and outlining how your good conduct and reform justify expunging your conviction.

However, despite the new requirements, it is still entirely possible to have your California criminal conviction expunged. Once you do so, you can truthfully assert that you were never convicted of that offense.

A juvenile record can be sealed through the juvenile court after a successful hearing. Once this has been done, the offense shall be deemed never to have occurred. There are no exceptions to this type of sealing; it is as if the offense never happened and cannot be revisited.

If you were convicted of a felony, it’s often possible to have the offense reduced to a misdemeanor and then expunged. Other types of record-cleansing include obtaining a Certificate of Rehabilitation and Pardon.

Although California lawmakers have made expungement more difficult, it’s still entirely possible to clear your criminal record and move forward with your life.