In California, you can technically refuse a breathalyzer after a DUI arrest. But doing so triggers automatic penalties under the state's implied consent law, separate from and on top of any DUI conviction. That's not a technicality. It's a real consequence that affects your license, your case, and your options going forward. If you refused [...]
No, your license is not suspended the moment you're arrested for DUI in California. But you only have 10 calendar days from the date of your arrest to request a DMV hearing, or an automatic suspension kicks in. That deadline is real, and missing it closes off options you can't get back. If you were [...]
When a driver is arrested for driving under the influence an administrative action is triggered with the Department of Motor Vehicles (DMV). A driver has 10 days from the date of arrest to request an Administrative Per Se (APS) hearing with the local Driver Safety Office to challenge the action/suspension. Since the inception of the [...]
What Is AB 3234? Assembly Bill (AB) No. 3234 was signed into law on September 30, 2020, and took effect on January 1, 2021. This bill gives judges the discretion to offer diversion on misdemeanor cases with four types of offenses expressly excluded. It is enacted through Penal Code (PC) 1001.95. DUIs are not specifically [...]
DUI Law Practice Servicing Southern California: Providing Quality Representation while Fighting for Client Rights [Huntington Beach, CA] Parker Law Center officially celebrates 10 years of providing quality affordable legal representation and fighting for client rights. Parker Law Center strives to offer a unique client experience. Beginning with the initial consultation, Attorney Kellee Parker walks every [...]
Would you Like to Seal your Arrest Record? The 2018 California CARE Act greatly expands your ability to have your arrest record sealed. The CARE Act will apply if your arrest falls under any of the following categories: You were arrested but no charges filed; You were arrested and the case was dismissed; You were [...]
Statewide Ignition Interlock Device (IID): Pilot Program (SB 1046) Starting January 1, 2019, a major change took effect which impacts those charged with DUI. Prior law did not mandate an ignition interlock device (IID) to be installed into an offender’s vehicle upon conviction of DUI. In fact, there was a great deal of discretion by [...]
Upon arrest for driving under the influence, an administrative license suspension is triggered. The driver has 10 days from the date of arrest to request an Administrative Per Se (APS) hearing to fight the license suspension; otherwise, the suspension will take effect 30 days from the date of arrest. If the driver requests an APS hearing [...]
On September 28, 2016, Governor Jerry Brown signed Senator Jerry Hill’s bill (SB-1046) which expands the ignition interlock device (IID) pilot program for DUI offenders statewide. California Ignition Interlock Device Pilot Program An ignition interlock device is a breathalyzer unit that prevents vehicles from starting upon detection of alcohol and requires “rolling samples” while the vehicle is [...]
We are just days away from the beginning of summer. Bring on the warm weather, barbeques, and long daylight hours. Nothing can end your enjoyment of summer faster than being arrested for driving under the influence. Local police have scheduled checkpoints, DUI saturation patrols and task forces to get drunk drivers off the road. Know the [...]
