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Attacking an “Odor of Alcohol” Claim in San Jose, CA

In many DUI cases, the police report will say that the officer noticed an “odor of alcohol” coming from the driver. This phrase is extremely common, but it’s also highly subjective and often unreliable. If you’ve been arrested for DUI in San Jose, California, you should know that an officer’s claim about smelling alcohol...

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The Devastating Consequences of Driving Under the Influence of Drugs or Alcohol

Driving under the influence of drugs or alcohol is a serious offense in California, with consequences that extend far beyond a traffic stop or court appearance. A DUI can impact your freedom, finances, career, and personal life for years to come.  Understanding how California DUI laws work—and what penalties may apply—can help drivers grasp...

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What Happens at a DMV Hearing for DUI in California?

If you’re arrested for driving under the influence (DUI) in California, you’re not just facing a court case. You also have to deal with the Department of Motor Vehicles (DMV).  The DMV hearing is separate from the criminal process and focuses only on your driving privileges. Importantly, this hearing can result in the suspension...

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FAQs About Marijuana DUI Charges

Recreational use of cannabis products became legal (under state law) for adults in California in 2018. As long as users of cannabis products follow the rules, they will no longer face criminal penalties for possessing or being under the influence of marijuana.  In California (and all other states that allow recreational use of marijuana),...

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Understanding the Consequences: What to Expect if You Refuse to Take a Breathalyzer Blood Test

When you get pulled over for a DUI, you have the option of not taking a test to determine whether you’re under the influence. However, the consequences of refusing to take a breathalyzer or blood test can be substantial in San Jose, California. This blog post addresses what you need to know about this...

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How Long Does a DUI Stay On Your Record in California?

If you are charged with a DUI in California, the best thing to do is to fight against it. A DUI conviction can have serious penalties. Depending on the charge, the conviction could stay on your criminal and driving record for a long time, even forever. This can negatively impact your job prospects, insurance...

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Is There a Difference Between a DWI and a DUI in California?

The terms DUI (driving under the influence) and DWI (driving while intoxicated) are commonly used interchangeably when drivers are charged with impaired driving. But is there a difference between a DWI and a DUI in California? Many states differentiate between the two terms, but in California, the legal system primarily uses "DUI." A Redwood...

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How Do “Smart Start” Interlock Devices Work?

DUI charges often include more than just legal penalties. An individual’s driving privileges might be suspended or revoked, and before they can drive again, they might have an ignition interlock device (IID) installed in their car. The Smart Start interlock device is one of the most common of these instruments. What Is a Smart...

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What Are Your Choices? What To Do After Getting Your First DUI

If you're dealing with the aftermath of receiving your first DUI charge, it's crucial to understand the choices available to you. Understanding your options as a defendant after a DUI arrest can help you make informed decisions that can significantly influence the outcome of your case.  Immediate Steps To Take After a DUI Arrest...

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California First Offense Misdemeanor DUI Penalties

Facing a first-offense driving under the influence (DUI) charge in California can have serious consequences on an individual's life due to the penalties that may be imposed. Understanding the elements of a DUI charge, the penalties, and possible legal defenses is important for any criminal defendant as they navigate the legal process.  What Is...

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