General Blog

In this article, you can discover… How to know when a sobriety checkpoint stop has become unreasonably long. What happens to evidence that is collected during an unlawfully delayed stop. How a DUI defense attorney can challenge unreasonable police behavior. What Are Sobriety Checkpoints, And How Are They Used By California Police?  Sobriety checkpoints are set up by California police and are funded by the State. These checkpoints can be identified by flashing lights and directional signs that move vehicles towards an area where police can stop each vehicle and observe every driver.  This is done to, ideally, help avoid profiling or bias. These officers are checking for people who may be driving under the influence, driving without a license, and any number of code violations. If an officer suspects that something is wrong, you will not be allowed to pass through the checkpoint, but will be directed to another waiting officer who will conduct a further investigation, potentially including a field sobriety test or a request for a breath sample. When Does A Routine Checkpoint Stop Become An Unreasonable…Read More

In this article, you can discover… How the DUI probation program works in California. Whether you might be eligible for long-term rehab services. How an attorney can help you avoid a probation violation. How Does DUI Probation Work In California? DUI probation serves as an alternative to prolonged jail time after a DUI conviction, and must be ordered by a judge. There are different levels of DUI probation in the San Francisco Bay Area: felony probation, misdemeanor probation, and “supervised probation”. In Marin County specifically, felony probation applies when you have a fourth DUI within 10 years, have a prior felony DUI within 10 years, or when someone is injured because of your driving. Felony probation comes with strict conditions. You will likely have to report to a parole officer, for one. You will also have to submit to searches of your home and vehicle for evidence of drugs or alcohol. Random tests for drugs and/or alcohol in your system will also be conducted, tests which might be required at any time of the day or night. You could also…Read More

In this article, you can discover… The difference between public and private property under DUI law. If you can be charged with A DUI on private property. If you can be charged with a DUI without operating the vehicle. What Qualifies As “Public” Versus “Private” Property Under DUI Laws? The distinction between public and private property usually comes down to public access. If the public can reasonably access the area, it may be treated as “public” for DUI purposes, even if it is technically private property. For example, driving through a private golf course, a private road leading to a public beach, or mountain roads open to visitors could all fall under this category. Courts often consider whether the situation poses a threat to public safety, and if it does, the DUI laws typically apply regardless of property ownership. Can I Be Charged With DUI For Driving Drunk In My Own Driveway? It is absolutely possible to be charged with a DUI while sitting in your own driveway. Your driveway can be considered part of the public road system because…Read More

Many DUI cases begin with a simple phone call, often from another driver reporting suspicious behavior. But can police legally act on an anonymous tip alone? In this article, we break down… Whether the police can legally pull you over based only on a tip. How an unlawful stop can impact the rest of your DUI case. What to do if you suspect your DUI stop was based on an unreliable tip. Can Police Legally Stop A Driver Based Only On A Tip? Police can legally stop a driver solely based on a tip, and this happens all the time. Someone calls 911 to report a driver who appears to be swerving or acting erratically. Often, the caller stays on the line and provides real-time updates to dispatch, which are then relayed to officers. If officers locate the vehicle, they are generally allowed to stop the driver to conduct at least a welfare check. That alone is often enough justification for the initial stop. In other situations, the caller may lose sight of the vehicle but provides a license plate…Read More

In this article, you can discover… Whether a DUI conviction in December will impact your January car insurance rates. If a DUI conviction could cause you to lose your insurance coverage. How an experienced DUI attorney can help you mitigate insurance consequences. Will A Conviction In December Affect My Insurance Rates Starting January 1? Your insurance company is not going to know anything about your DUI (unless an accident was also involved) until they run your record when your policy comes up for renewal. Once they run your record, your DUI will show up, and they may raise your rates or even drop you as a customer in response. Having said that, insurance companies do not usually run a renewal-based background check on every single customer, as this would be quite expensive. They will more typically run records for customers who already have quite a few points against their license or who have prior accidents. As a result, you may not see your rates increase or your coverage end for quite some time. Can My Insurer Cancel My Policy Mid-Term…Read More

In this article, you can discover… Whether offices are able to conduct DUI stops in multiple languages. The role of a language barrier in your DUI defense. How an attorney can assist you if communication issues impacted your DUI arrest. Are Officers Trained To Handle DUI Stops In Multiple Languages? Officers are not specifically trained to handle DUI stops or administer sobriety tests in multiple languages. Over the years, I have represented many clients who do not speak English. What is increasingly common, especially as technology improves, is clients who do not speak English using Google Translate or similar apps to communicate with officers during a stop. However, if you speak a rare language or dialect not supported by a translation app, clear communication will be more difficult, if not impossible. An officer can not claim that you refused or failed a field sobriety test if you genuinely did not understand the instructions due to a language barrier. Officers are required to make sure that you can understand them before they put you through a field sobriety test, and if…Read More

In this article, you can discover… The “lookback period” in the context of California DUI law. The impact of prior DUIs on penalties and sentencing in California. How a DUI attorney can help you mitigate the legal impact of priors. What Is A “Lookback Period” In The Context Of California DUI Law? The technical legal term is “prior ability period”, and this refers to how long California prosecution can go back within your record to locate and attach a previous DUI conviction to your current case. If this is done, it can enhance the potential penalties you’ll face. Within California, this lookback period is 10 years. That means that you could get a DUI nine and a half years ago, then get another DUI tomorrow and be charged with a prior, making your most recent California DUI a “second offense.” This enhances penalties and can make pre-trial conditions much stricter. You could potentially be required to attend meetings, wear an ankle bracelet, or be subject to monitoring even before you’re convicted. If a previous DUI conviction was more than 10…Read More

In this article, you can discover… The different custody alternative programs in Marin County If you can choose which program you want, or if a program is assigned to you How an attorney can help you apply for the Custody Alternative Program What Is The Custody Alternative Program In Marin County? The Custody Alternative Program, also known as Jail Alternative Services in Marin County, California, is essentially a way to avoid serving actual jail time. When someone is convicted of DUI, a jail sentence is sometimes part of the penalty. This usually happens in cases involving prior DUIs, very high alcohol levels, accidents, or injuries. Typically, a DUI conviction comes with three years of unsupervised probation, though sometimes it can be supervised. The maximum penalty for a misdemeanor DUI is six months in jail, but instead of spending that time in jail, the Custody Alternatives Program allows you to apply through the Marin County Probation Office and complete your sentence in one of three ways: Cognitive Life Skills Course – often used for very short jail sentences. Sheriff’s Work Program…Read More

In this article, you can discover… How a DUI in California could impact your license out of state. Whether your California DUI case can be handled remotely. How an attorney can be of help if you face a DUI as a tourist or visitor. How Can A DUI Arrest In Marin County Affect My Out-Of-State Driver’s License? The most important thing to know about getting a DUI in Marin County, or anywhere in California for that matter, is not to go tell the DMV in your state about it. Your state may or may not find out about your arrest, and the best way to prevent them from finding out is to purchase SR 22 insurance early on in your case. SR 22 is a high-risk insurance policy that, when obtained, will keep your home state from seeing red flags on your record indicating that you need to open a policy. To prevent your home state from finding out about your DUI in California, it is important to take action and get SR 22 insurance as early as possible. However,…Read More

A DUI conviction can have consequences that extend far beyond the courtroom. For many people, one of the biggest concerns is how it might impact their financial future, especially when applying for a mortgage or home loan. In this article, we address… Whether lenders consider criminal records during mortgage applications. Whether a DUI might impact your credit score directly. How to strengthen your chances for loan approval after a DUI. Do Lenders Consider Criminal Records During Mortgage Applications? Lenders can conduct background checks and may see a DUI on your criminal record. Whether it affects your application depends on the lender, but reliability is a key factor in loan approval. From a lender’s perspective, they are evaluating whether you are likely to make consistent, on-time payments. A DUI (especially multiple DUIs) or a broader criminal record can raise concerns about reliability. In most cases, a single DUI will not automatically prevent you from getting a mortgage. However, it can create complications, and in some situations, it may require working with different lenders to find the right fit. This is one…Read More

In this article, you can discover… Whether the rental company will be notified of a rental car DUI arrest. If the rental company will expect you to pay for any damage to their vehicle. Common mistakes to avoid if you’ve been arrested for a DUI in a rental car. What Happens To My Rental Contract After A DUI Arrest? While every rental company is different, in most cases, the contract that you signed with the rental company will be voided if you’re arrested for a DUI while driving their car. This means that you are no longer permitted to drive that vehicle, and that you may be liable for any damage to property or people that resulted from your DUI. Typically, you will find yourself in jail for the DUI charge. The rental car will then be towed away, but you won’t be able to get the car out of impoundment because it’s not in your name. In most cases, the rental company will have to come and retrieve the vehicle. You won’t be allowed to use or drive the…Read More