Drunk Driving defense in Vista Courts and throughout California usually involve two different proceedings. There is the DMV administrative suspension proceeding against in invidual's drivers license and the Criminal Court case. Many people overlook the DMV administrative suspension proceedings and don't realize that the pink sheet notice of suspension and temporary license is separate from the arrest and criminal court proceedings.
DUI plea bargains in Vista Courts vary depending on a number of factors. Plea bargains can involve possible lesser or different charges, striking allegations, lessening penalties, military diversion and in rare cases dismissal. The strength of the case, the facts, blood alcohol or drug level, field sobreity tests, attitude with law enforcement, dangerousness of the driving, prior record and other information concerning the driver. Driver information can be important especially where it would tend to support a better disposition, like military service, effect conviction will have on vocational licenses, immigration, achievements, future goals.
A DUI checkpoint is a mobile roadblock where law enforcement officers briefly stop traffic, briefly interview drivers and suspected DUI drivers are further detained for further sobriety testing in order to try to keep impaired drivers off the road. The sobreity checkpoints have been ruled legal because the danger posed by DUI drivers outweighs the minimal intrusion of briefly stopping traffic without probable cause. There are still a number of regulations which must be followed to have a "legal sobriety checkpoint".
Military diversion includes DUI offenses now that the legislature has passed and the Governor signed legislation stating that misdemeanor DUI cases, VC 23152 violations, are included as divertable offenses per Penal Code 1001.80. Appellate Courts in California were split on whether or not DUI cases were included because of an old statute prohibiting diversion in DUI cases. The California Supreme Court was to decide in October, but since the legislature has clarified the diversion statute, the matter is resolved.
Drug DUI cases are treated a little different than alcohol cases. If you are arrested for a "Drug DUI" and there is no alcohol, the law enforcement officer should not take your California licenase at the time of arrest nor should they issue a pink sheet suspension notice and 30 day temporary license pending a suspension. That proceedure is limited to alcohol violations, however, if there is a conviction for a Drug DUI, then there is a suspension the same as there would be for an alcohol DUI.
It is only a felony DUI with an accident in Vista Courts and throughout California if the accident was caused by the DUI driver and another person is injured or killed. If it is an accident with no one else injured other than the DUI driver, then it is still a misdemeanor. An accident, however can cause increased penalties even as a misdemeanor that are greater than a DUI without an accident.
You read the DUI breath test strip from the top down. That strip along with the precautionary checklist are important to understand the breath test result and whether the machine was working properly. The DUI breath test strip is not generated from the portable field PAS breath test, but comes from the official testing equipment at the jail, police department, or can be in the field with a DUI Checkpoint.
DUI breath tests are legal without a warrant in Vista and throught the United States. The U.S. Supreme Court ruled that a breath test is minimally intrusive and needed in DUI cases, therefore it is not an illegal search and seizure. However, blood tests are much more intrusive and require a warrant if a person refuses to take a blood test. If there are exigent circumstances a warrant may not be required. That depends on the individual case, like if there is difficulty in getting a warrant in a timely manner because of other circumstances like medical treatment, combative defendant or some other basis.
The DUI pink sheet suspension notice you get when you are arrested is also a temporary license for 30 days if your license was valid at the time of the stop. It is extremely important that you read pink sheet. It tells you that a suspesnion of your drivers license by DMV will take effect in 30 days from your arrest, regardless whether you have been to Court or convicted. This suspension is in addition to any suspension arising from a conviction for DUI and the length of the suspension depends on the reason for the suspension and prior DUI history.
Maximum DUI enforcement is in effect during the Holiday Season. This means much greater law enforcement presence on the highways which results in increased stops and DUI arrests. Thanksgiving, Christmas and New Years holidays are the "Black" Fridays of DUI arrests. Certainly during the 3 or 4 days over those holidays, there are more officers on the road for traffic enforcement, especially DUIs, than at any other time except maybe Super Bowl, Memorial Day, 4th of July and Labor Day.