Lowering The Drunk Driving Threshold

April 17, 2018 by Daniel Greenberg Leave a Comment

Blood alcohol content is expressed as a percentage of alcohol in the blood—as an example, if a person has a BAC of 0.10, then one-tenth of one percent of that person’s blood, by volume, would be alcohol. All states except Utah have set 0.08% BAC as the legal limit for DUI. (Utah very recently lowered their threshold to 0.05%, a change which went into effect on December 30^th). For commercial drivers, the limit is 0.04%, and in most states, for those under 21, there is a zero-tolerance limit, meaning any amount of alcohol could result in a DUI arrest.

The exception to the 0.08% BAC is in the state of Arizona, where you can be charged with DUI with any level of alcohol in the body if your driving exhibits any degree of impairment. This means that while the presumption of impairment is 0.08% in Arizona, showing signs of impairment in your driving ability could still get you arrested and convicted, even if your BAC is less than 0.08%.

How Self-Driving Cars Could Impact DUI Cases

April 9, 2018 by Daniel Greenberg Leave a Comment

The state of California has recently agreed to allow driverless cars to be tested on the California roadways—with no human present in the vehicle. California’s new rules regarding driverless cars do require that the companies testing the driverless cars be able to operate the vehicle remotely, communicating with law enforcement if something goes awry.

One of the major benefits of a driverless car is that the vehicle will not be limited by “human” boundaries, rather it will be able to operate for 24 hours—or days—at a time with no decrease in alertness, yet many remain unconvinced about the safety of driverless cars.

Driving Under The Influence of Drugs Passes Drunk Driving in Deaths

February 21, 2018 by Daniel Greenberg Leave a Comment

The year 2015 was the first on record in which drug impairment contributed to more vehicular deaths than alcohol impairment, reports The Washington Post. Among the involved drivers tested for drugs or alcohol in 2015, 43 percent had drugs in their system, compared to 37 percent who tested positive for alcohol, according to the Governors Highway Safety Association (GHSA).

These findings have lawmakers in California, and across the nation, scrambling to reconcile loosening drug laws and America’s opioid epidemic with efforts to reduce drugged driving deaths.

Understanding The Legal Limit of .08

January 21, 2018 by Daniel Greenberg Leave a Comment

Understanding the legal limit of .08 can help you make better choices about driving after having a few drinks. Nationwide, the .08 blood alcohol concentration (BAC) is a standard legal limit for drivers age 21 and over. Driving with a BAC at or above this level means you run the risk of being arrested or causing an accident that injures you or others.

While there are a number of factors playing into how many drinks you can have before you reach the legal limit, the number of shots, beers, cocktails, or glasses of wine is often much lower than people realize. The best choice is always to find another ride if you plan to drink. Even below the legal limit, alcohol will affect your ability to make safe driving decisions.

Can I get a DUI while my car is parked?

May 17, 2017 by Daniel Greenberg Leave a Comment

parked car in California Yes. In Riverside, you can be charged with a DUI even if you are simply sitting in your parked car. However, it is important to note that certain circumstances must apply for the state to convict you.

How could I get a DUI in a parked car?

Even if you make the smart decision to simply sleep it off or wait it out, a police officer can arrest you for DUI. If the officer finds a reason to believe that you consumed alcohol and drove prior to parking your car, you can be arrested for DUI.

When police officers discover an intoxicated person in a parked car, they must evaluate the circumstances of the situation to determine whether the intoxicated person has committed a crime. However, in some cases, officers will arrest you for drunk driving rather than take a chance that you will drive away as soon as they leave.

While officers can arrest you for a DUI, even if you were not driving, these charges are often based on circumstantial evidence, which means convicting you may be difficult.

Is driving necessary to get a California DUI?

Yes. However, while a DUI in California must involve driving, a police officer does not need to witness you in the act of operating your vehicle to cite you for DUI. Instead, an officer will look for signs that you were recently operating the vehicle. Those may include:
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5 Things You Don’t Know about DUIs in California

May 9, 2017 by Daniel Greenberg Leave a Comment

You probably know that if you receive a driving under the influence (DUI) conviction in California, you could face serious consequences including fines, license suspension, and jail time. But — to protect yourself during and after arrest — there are a few more things you need to know about California DUI offenses:

1) 0.08 is Not the Only BAC You Need to Be Aware Of

Like other states, a blood alcohol content (BAC) of 0.08 percent is the legal limit for all drivers over the age of 21. However, drivers under the age of 21 must adhere to a much more stringent limit.

Because of a zero-tolerance policy, underage drivers who test at 0.01 percent or higher can receive a DUI. This level is so low that even a single drink could push those under the age of 21 over the legal limit. This limit also applies to those who are already on probation for a previous DUI or other alcohol-related violations. Also, if you are under the age of 21 and test at 0.01 percent, you can have your driving privilege revoked for one year.

There is also another BAC level that is important to be aware of. At double the legal limit — 0.16 percent — California significantly increases the fines and other penalties associated with a DUI conviction.Read More

The Supreme Court Says Refusing a Sobriety Test is a Crime

November 2, 2016 by Daniel Greenberg Leave a Comment

Earlier this summer, the Supreme Court of the United States ruled that police do not require a warrant to administer a breath alcohol test after an arrest for drunk driving. But they also ruled that police do require a warrant to administer a blood alcohol test.

Three separate defendants, each charged with criminal offenses after failing to submit to blood or breath tests in North Dakota and Minnesota, filed lawsuits against their respective states. The defendants argued that the forced sobriety tests violated their constitutional rights under the Fourth Amendment, which protects citizens from unreasonable search and seizure.

Their cases made it all the way to the U.S. Supreme Court, as a consolidated case called Birchfield v. North Dakota.
Their argument was based on the fact that, typically, before a police officer can invade a person’s privacy, they must first obtain a search warrant from a judge. Before the decision, it was unclear whether forced sobriety tests were an invasion of privacy under the Fourth Amendment. The Supreme Court’s decision in Birchfield gives us the answer.Read More

Riverside, California DUI Arrest Process

August 2, 2016 by Daniel Greenberg Leave a Comment

Riverside, and San Bernardino California DUI Arrest Process

For the millions of Americans who have been arrested for driving under the influence of alcohol or drugs, the DUI arrest process can be a very stressful ordeal. On top of the physical and emotional toll an arrest takes on you, you will also have to deal with the legal, professional, and social consequences of this arrest.

Any criminal defense attorney will tell you that you are innocent until proven guilty, but that sometimes won’t stop the media from reporting your DUI arrest and showing your photo on the various media new outlets. Every two minutes someone will be injured in a drunk driving car accident; some people sadly, will even lose their lives. In addition, some drunk driving defendants make a bad situation worse. According to the National Safety Council, anywhere from 50% to 75% of convicted drunk drivers will eventually drive with a suspended license, which can make it more difficult for a Riverside or San Bernardino criminal defense attorney to negotiate your case in court.

While a minority of DUI defendants are chronic, repeat offenders, and alcoholics, most people arrested for a DUI are ordinary people who made a mistake in judgment. Fortunately, with the help of the Riverside and San Bernardino, California, DUI attorneys at Greenberg & Greenberg, APLC, first-time offenders can sometimes have their charges reduced or dropped. Few people ever expect to get arrested for drunk driving, so they often have many questions about what will happen next. Right now, it is important to arm yourself with all the information you can find.Read More

What you need to know about Field Sobriety Tests

July 12, 2016 by Daniel Greenberg Leave a Comment

Did you know that you can elect not to participate in a Field Sobriety Tests? If you do decide to participate in one, the police will run you through a series of actions to decide whether you’re sober or not. Click on the infographic below for more information in Field Sobriety Tests.

What You Need to Know About Fraud

May 11, 2016 by Daniel Greenberg Leave a Comment

Did you know that insurance fraud is illegal in 48 states? How about the fact that there are several different types of fraud that can impact your life every day? We’ve created this visual chart to walk you through fraud and what you need to know about fraud in California.

Click the image above to view the infographic.

How could I get a DUI in a parked car?

Is driving necessary to get a California DUI?

1) 0.08 is Not the Only BAC You Need to Be Aware Of

Riverside, and San Bernardino California DUI Arrest Process

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