In California, and any other state, the Fourth Amendment of the Constitution deems any search and seizure to be illegal unless there's probable cause for it to occur. When you're issued your driver's license in California, however, one of the documents you sign is a consent form to have your blood, urine or breath tested by police. This implied consent law is only enforceable if you're already been placed under arrest though.
If you're been recently charged with driving under the influence (DUI), in researching the penalties associated with the crime, you might have found that a misdemeanor generally results in a lesser sentence than a felony one. You may have wondered why you were charged with one crime versus the other.
Prosecutors with the Los Angeles County District Attorney's Office have charged a 25-year-old North Druid Hills man with murder for his role in causing a head-on crash that killed an unborn fetus in an accident that seriously injured its mother. It's believed that the man's intoxication from alcohol is responsible for having caused him to lose control of his vehicle, resulting in the crash.
In California between the years of 2003 and 2012, some 10,327 individuals were killed by drunk drivers. Despite the high rate, California's death rate from these types of accidents was remarkably lower in the state versus nationwide.
A 43-year-old Van Nuys resident, who has twice been convicted of DUI previously, was sentenced on Wednesday, March 29, 2017, to a minimum of 30-years to as much as life in California state prison. On Dec. 19, 2016, he was convicted of both gross intoxicated manslaughter and second-degree murder for having been drunk while driving when he struck the car of a 62-year-old man and his wife on June 20, 2015, an accident in which they both lost their lives.
When it comes to being stopped on suspicion for Driving Under the Influence (DUI) in California, unfortunately it's probably one of the worst states where you could be stopped for such an offense. That's because California is notorious for having among the most stringent of DUI laws in the entire county.
California’s recent vote in favor of marijuana legalization has many ramifications. So, it could have many impacts on law enforcement conduct and tactics in the state. And this is not just the case for drug enforcement. It could also have implications related to DUI enforcement.
If you have ever had a drink or two during a night out or at a sports event and have seen blue lights spinning in your rearview mirror, you know just how unnerving such an experience can be. If, after pulling your car over to the side of the road, authorities believe you may have consumed enough alcohol to exceed the legal limit, you can expect to be asked to take a breath test or a test used to determine your perceived level of impairment at the wheel.