By Vincent John Tucci | Managing Partner & DUI Defense Attorney TL;DR Yes, breath tests can be wrong when administration and maintenance do not meet California’s evidential standards. California’s rules (often called “Title 17”) require an observation (deprivation) period, approved instruments, accuracy checks, and proper operator procedures. 17 CCR – Forensic Alcohol Testing. Two parallel …
By Vincent John Tucci | Managing Partner & DUI Defense Attorney TL;DR California law ties program length to the conviction and BAC. First-offense probation requires DUI school under Vehicle Code §23538: 3 months / 30 hours if BAC < 0.20% (AB 541). VC §23538(b)(1) 9 months / 60 hours if BAC ≥ 0.20% or refusal …
By Vincent John Tucci | Managing Partner & DUI Defense Attorney TL;DR California ties DUI school length to your conviction and BAC. For first offenders on probation, courts order DUI education under Vehicle Code §23538: 3 months / 30 hours if BAC < 0.20% (AB 541). H&S §11837(c)(1) 9 months / 60 hours if BAC …
By Vincent John Tucci | Managing Partner & DUI Defense Attorney TL;DR A DUI conviction appears on most employment background checks in California until it is expunged under Penal Code §1203.4. California’s Fair Chance Act (Gov. Code §12952) limits when and how employers can ask about criminal history—only after a conditional job offer. A DUI …
By Vincent John Tucci | Managing Partner & DUI Defense Attorney TL;DR A DUI conviction will appear on most private employer background checks until it is dismissed (expunged) under Penal Code §1203.4. Under California’s Fair Chance Act, employers generally may consider criminal history only after a conditional offer and must do an individualized assessment. Gov. …
By Vincent John Tucci | Managing Partner & DUI Defense Attorney TL;DR Reasonable suspicion permits a brief DUI stop based on specific, articulable facts; probable cause—a higher standard—authorizes arrest when facts would make a reasonable person believe a crime occurred. These doctrines derive from Terry v. Ohio (1968) 392 U.S. 1 and California rulings like …
By Vincent John Tucci | Managing Partner & DUI Defense Attorney TL;DR Know the targets: The three standardized field sobriety tests (SFSTs)—Horizontal Gaze Nystagmus (HGN), Walk-and-Turn (WAT), and One-Leg Stand (OLS)—are only “validated” when administered and scored exactly per NHTSA training. Deviations are fair game for suppression or impeachment. NHTSA SFST Manual (2023). Science & …
By Vincent John Tucci | Managing Partner & DUI Defense Attorney TL;DR Injury cases: California treats “DUI causing injury” under Vehicle Code §23153. It’s a wobbler (misdemeanor or felony). Penalties for a first conviction include custody, fines, DUI program, and license consequences; court must also consider the sentencing provisions in VC §23554 and related sections. …
By Vincent John Tucci | Managing Partner & DUI Defense Attorney TL;DR SFSTs (HGN, Walk-and-Turn, One-Leg Stand) are only “validated” when administered and scored exactly per NHTSA training; departures are grounds to impeach or suppress. NHTSA SFST Manual. Frequent errors: rushed/incorrect instructions, no demonstration, testing on sloped/uneven surfaces, distracting lighting/traffic, footwear issues, medical confounders, improper …
By Vincent John Tucci | Managing Partner & DUI Defense Attorney TL;DR Yes. After a DUI in California you can be insured, but you’ll usually need an SR-22 (proof of financial responsibility) on file and you should expect higher premiums. DMV FFDL-35; DMV Insurance Requirements. How long? DMV materials state you must maintain an SR-22 …
By Vincent John Tucci | Managing Partner & DUI Defense Attorney TL;DR Yes. After a DUI in California you can be insured, but you’ll usually need an SR-22 (proof of financial responsibility) on file and you should expect higher premiums. DMV FFDL-35; DMV Insurance Requirements. How long? DMV materials state you must maintain an SR-22 …
By Vincent John Tucci | Managing Partner & DUI Defense Attorney TL;DR California law permits alternatives to jail for qualifying DUI offenders, such as house arrest, work programs, residential treatment, and community service. Penal Code §1203.1. Courts emphasize rehabilitation; many counties, including Orange County, authorize electronic monitoring, work furlough, or treatment in lieu of custody. …
By Vincent Tucci | Managing Partner & DUI Defense Expert TL;DR In California, DUI can be filed as a felony if it involves injury to another person, is a fourth offense within 10 years, or follows a prior felony DUI—these thresholds drive charging decisions. The DMV process is separate from court. You generally have 10 days to …
By Vincent Tucci | Managing Partner & DUI Defense Expert TL;DR California’s DUI path runs on two tracks: criminal court and DMV. You have 10 days to request a DMV hearing—miss it and your license may be suspended automatically. Chemical and field sobriety tests can be challenged for errors, calibration, or medical factors; these defenses can …
By Vincent Tucci | Managing Partner & DUI Defense Expert TL;DR California’s per–se law makes it illegal to drive with a BAC of 0.08% or higher for drivers 21+ — triggering DMV suspension and criminal exposure even without other signs of impairment (https://www.dmv.ca.gov/portal/handbook/california-driver-handbook/alcohol-and-drugs/). At ≥ 0.15% BAC, courts may impose enhanced penalties (longer programs, added …
By Vincent Tucci | Managing Partner & DUI Defense Expert TL;DR Driving under the influence with a minor under 14 triggers California Vehicle Code §23572, adding mandatory jail time to standard DUI penalties. A first DUI with a child in the car adds a minimum of 48 hours in jail, even if probation is granted (California …
By Vincent Tucci | Managing Partner & DUI Defense Expert TL;DR Under California’s implied consent law (VC §23612), refusing a post–arrest breath or blood test triggers automatic DMV penalties, including a one–year suspension for a first refusal. See the DMV’s handbook: https://www.dmv.ca.gov/portal/handbook/california-driver-handbook/alcohol-and-drugs/. Refusal can also enhance court sentencing under VC §23577 (added custody, longer programs, stricter probation). …
By Vincent Tucci | Managing Partner & DUI Defense ExpertYou took a medication exactly as prescribed and still found yourself facing DUI charges. In California, that can happen: if a drug — even a lawful prescription — impairs your ability to drive, prosecutors may charge a DUI under Vehicle Code § 23152(f). Here’s what that means, how …
