The importance of your blood alcohol concentration

On behalf of Mohajer Law Firm, APC posted in dui/dwi and drug crimes on Thursday, September 5, 2019. Drunk driving puts people’s lives at risk, and for the most part, people know that it’s dangerous. Despite that, someone dies in a drunk driving crash once every 48 minutes in the United States (based on 2017 statistics). That adds up to 10,874 deaths that could potentially have been avoided. Alcohol affects the way you think and feel. It impairs thinking, reasoning and the speed of your reactions. The more you drink, the more likely it is that you’ll be impaired and unable to drive safely. Understanding blood alcohol concentration (BAC) Your BAC is the alcohol weight located in a certain volume of blood. It is measured in grams per deciliter (g/dL). At just .08% g/dL, the risk of a crash increases significantly. Because of that, .08% is the legal limit throughout the United States. Some states have even lower limits. What are the effects of alcohol in the blood? At .02%, people may feel they have a “buzz.” It’s common to feel warm and relaxed. At .05%, behaviors become more exaggerated. Some control over the muscles is lost. At .08%, muscle coordination becomes poor, the reasoning is impaired and self-control is decreased, making this the legal limit for a good reason. Beyond .08%, people can have a significant deterioration in reaction times and control. Some people may begin to feel nauseated or to throw up. If you do drink and drive, you could be arrested for DUI. If you are, it’s wise to seek the help of an experienced attorney to protect your rights as you go through the justice system.

More people died, were arrested, on the weekend of the 4th

On behalf of Mohajer Law Firm, APC posted in dui/dwi and drug crimes on Tuesday, July 23, 2019. If you are facing a DUI or drug-related charge, your best option is to begin working with your defense attorney. Although it may seem like you can handle these charges on your own, the reality is that your attorney has much more experience and may be able to help you reduce or eliminate the charges completely. One thing that has been in the news recently is that arrests for DUIs more than tripled over the Fourth of July holiday. The California Highway Patrol reported that 1,204 people were arrested for DUIs over the holiday period, which is much higher than the 389 arrested in 2018. So, what’s the cause of such a large discrepancy? There’s no certainty, but part of it could be that the number of California Highway Patrol officers out on patrol was higher. There is also the possibility that there were simply more people driving while intoxicated, though that is unlikely to be the case. The CHP also reported that there were more fatalities during the 2019 holiday period than in the previous year. In 2018, 17 people died. In 2019, 24 people passed away in DUI-related incidents. The data that the CHP is referring to covers the dates from July 3 from 6:01 p.m. onward through Sunday, July 7 at 6:00 a.m. Overall, it’s safe to say that the police are looking for people who may be driving while intoxicated and are cracking down on impaired drivers. If you are stopped, know that you do have rights. Your attorney will help you fight the charges you face.

Can you defend against drunk or drugged driving charges?

On behalf of Mohajer Law Firm, APC posted in dui/dwi and drug crimes on Friday, May 31, 2019. DUIs and drug crimes can sometimes occur together. For example, someone who is driving while intoxicated may have mixed Ecstasy with their drink, or someone could have smoked marijuana before taking a shot of alcohol. This is a bad idea, of course, because combining drugs and alcohol can increase the effects. People who use drugs and alcohol together may be at a higher risk of causing a crash or violating traffic laws, resulting in a stop by the police. Then, in those cases, even if they don’t test over .08% for alcohol, they could face a DUI or DUID for using drugs combined with alcohol as a secondary substance. What should you do if you’re accused of combining drugs and alcohol when you didn’t? It is a reality that drinking even a little bit can be enough to impact your driving, but there are medical conditions and other issues that may play a role in your driving issues, too. For example, if you drink alcohol and are diabetic, your blood sugar could drop. You might appear seriously drunk or high, but the reality is that you’re having a medical emergency. No two cases are going to be the same, but if you did not take drugs or did not know that prescription medications would interact with the low amount of alcohol you drank, you can use that as a defense. Your attorney can take steps to make sure you’re not charged for a situation that you did not have control over or that was a result of unexpected side effects.

Don’t let a DUI derail your divorce

On behalf of Mohajer Law Firm, APC posted in dui/dwi and drug crimes on Thursday, April 18, 2019. A DUI in California has the potential to significantly impact your future. If you’re going through a divorce and have children, your reputation as a good parent could come under fire. If you had children in your vehicle at the time, you may significantly hurt your case for custody. Even if you don’t have your children with you at the time of a DUI, it shows that you didn’t follow the laws and that you made a fairly major mistake that put your life and others’ lives in danger. Additionally, the DUI itself is expensive and could threaten your job, which doesn’t look good to the court. What should you do if you face a DUI while also going through a divorce? If you are arrested for a DUI at any time, it’s a good idea to inform your attorney. Your attorney will take steps to help you prevent the DUI from impacting your life more than it has to. Your attorney will also help prevent you from suffering damage to your reputation and will make sure that all appropriate steps were taken before accusing you of a DUI. In divorce court, there are some steps you can take to show that you’re not taking the DUI lightly. You can take driving courses and pay fines on time. You can attend addiction treatment or go to meetings for people quitting alcohol. Anything you can do to show that you’re willing to improve your circumstances will always look good to the court. Our site has more on how a DUI can affect you and what you should do if you’re accused and arrested.

A California DUI can cause a life-changing conviction

On behalf of Mohajer Law Firm, APC posted in dui/dwi and drug crimes on Tuesday, March 12, 2019. Getting arrested for a DUI is a big deal, no matter where you are. California is particularly harsh on drunk or impaired drivers, though. It has some of the most stringent impaired driving laws in the entire United States. In California, a first-offense DUI could lead to close to $2,000 in fines and the loss of a license. It can lead to jail time and force those convicted to enter into three-month alcohol education programs. Within a 10-year period, those who commit three offenses may spend up to 16 months in prison and face around $18,000 in fines and penalties. Those with a third-time offense may have to attend a 30-month alcohol treatment program regardless of whether they are alcoholics. Enhanced penalties are applied in cases where the person’s blood alcohol concentration (BAC) has exceeded .16 percent, and this also increases the risk of jail time and expensive fines. If this is not your first DUI, you could lose your license for up to 2 years on your second or up to 10 years on your third offense. There is even a chance that your vehicle could be confiscated or that you could have to use an ignition interlock device if you’re convicted of a DUI. These penalties are harsh, and you could find yourself struggling to make ends meet due to losing a job, not being able to drive and facing other personal difficulties. Your attorney can help you fight the charges against you, so you have the best chance of avoiding the most severe penalties that California allows.

New law expands ignition interlock device requirements statewide

On behalf of Mohajer Law Firm, APC posted in dui/dwi and drug crimes on Thursday, December 27, 2018. Among the new state laws taking effect on New Year’s Day is one that could impact many Californians whose New Year’s Eve festivities include a couple (or more) glasses of champagne. Beginning on Jan. 1, anyone convicted of a second or subsequent DUI will be required to have an ignition interlock device (IID) installed in their vehicles. Drivers convicted of their first DUI will have to install one if that DUI resulted in an injury. Further, courts will have the discretion to mandate an IID for first-time DUI offenders even if no injuries resulted from their drunk driving. In that case, an IID can be mandated for up to six months. Time periods for others run from 12 through 48 months. The law applies to those convicted of DUIs involving alcohol. It’s not applicable to those whose DUIs involve drugs only. For Los Angeles County residents, an IID requirement is nothing new. LA County and several other counties throughout the state have already mandated IIDs for those convicted of DUIs through a pilot program. However, that mandate will now be a statewide one. According to one company that manufactures these devices, LifeSaver, the devices have prevented some 6,000 people in LA County alone from driving under the influence in the past four years. That’s just the number of people who registered a blood-alcohol level above the legal limit when they blew into a LifeSaver IID before starting their car. If you’re required to have an IID installed, it’s essential to understand how it works and the regulations that come with it. Violating them is only going to land you in more trouble with the law. If you have questions, your attorney can help you. While IIDs can be costly, inconvenient and embarrassing, they can also save your life.

California man arrested for DUI had car on Autopilot

On behalf of Mohajer Law Firm, APC posted in dui/dwi and drug crimes on Tuesday, December 11, 2018. Cars that you can place in the “Autopilot” mode to essentially drive themselves are now a reality. While they aren’t common in California freeways just yet, you may have shared the road with one without realizing it. Tesla is one car manufacturer that makes vehicles with this feature. Having a car that you can program to drive itself, however, does not make driving under the influence legal. Late last month, California Highway Patrol (CHP) officers arrested a man in Palo Alto (interesting, the city where Tesla is headquartered) for DUI. When the driver didn’t stop for officers as he traveled south on Highway 101 at about 3:30 a.m., they followed him. Allegedly, the man was asleep at the wheel of the car, which was operating on Autopilot. According to the CHP, the 45-year-old man didn’t pass a field sobriety test. This isn’t the first incident of this kind, even in the Bay Area. Earlier this year, CHP officers arrested a man they found passed out behind the wheel of a Tesla. That man, who allegedly had a blood-alcohol level more than double the legal limit, reportedly told an officer that it was safe for him to drive because the Autopilot function on the car was set. While you might be safer driving under the influence in a vehicle set on Autopilot than in one that doesn’t have that feature, it’s still not safe. Further, the law doesn’t see any difference. If you’re relying on your “self-driving” car to get you home after you’ve been drinking, think again. Call an Uber or Lyft with a human (and presumably sober) driver behind the wheel. Whatever the circumstances, if you’re arrested for DUI, you need to take the matter seriously and seek legal representation. DUI convictions in California can have serious consequences.

Tips to help college students avoid drinking to excess

On behalf of Mohajer Law Firm, APC posted in dui/dwi and drug crimes on Thursday, September 6, 2018. Whether your son or daughter started college this fall, is living in a fraternity or sorority this year or turned 21 over the summer, you’re likely nervous about how much drinking they’ll be doing at school. Young people aren’t masters of moderation. They might intend to have just a drink or two at a party. However, with some peer pressure, that can turn into a night of binge drinking. That’s not healthy under any circumstances. However, if your child gets behind the wheel, they’re endangering their life and those of others on the road. Even if no one gets hurt, if they’re arrested for drunk driving, they could be risking their college education and future career prospects. While you might not want to talk to your college student about drinking, particularly if they’re underage, there are some important tips you can share with them stay safe if they’re going to be drinking. Don’t drink on an empty stomach If you’re going to a party or a bar, have dinner first. Snacking while drinking can also help minimize the impact of the alcohol. So can alternating drinks of alcohol with water or juice. Be careful with unfamiliar drinks If the hosts are serving their own concoctions or even something you just haven’t had before, take some time after one drink before you have another to see how it impacts you. Don’t mix drugs and alcohol Even the combination of over-the-counter medication with alcohol can have a big impact. Some drugs, when mixed with alcohol, can be deadly. Keep an eye on your drink It’s too easy for people to slip extra alcohol or even drugs into an unattended drink. Your drink should stay in your hand. Don’t set it on a table or hand it to someone you don’t know while you use the restroom or dance. Stay out of the water If the party is near a pool or your friends decide to head to the beach, don’t go in the water. Some 70 percent of fatal drowning accidents involve alcohol. Of course, it’s essential to tell your kids not to get behind the wheel after drinking any amount of alcohol or ride with someone who has. There are plenty of options for safe rides. If your child is arrested for DUI, don’t let them deal with the justice system without experienced legal guidance.

Should you seek an expungement for your DUI?

On behalf of Mohajer Law Firm, APC posted in dui/dwi and drug crimes on Thursday, August 9, 2018. A few years back you made a mistake. You drove after a few drinks. You got pulled over by police and failed the Breathalyzer test. Ultimately, you pleaded guilty to a DUI. You paid a fine, went to the required classes and maybe served a couple of days in jail. Finally, you completed your probation. Now you want to put it all behind you. However, a single DUI can haunt you for years. Potential employers can find your DUI when they do background checks. So can potential lenders or landlords. Fortunately, here in California, you may be able to get a DUI expunged from your record once your probation period is over. It’s easier to get an expungement if it the DUI was a misdemeanor, but you may even be able to get a felony DUI expunged. That, however, is generally more complicated. It’s important to understand what an expungement will and won’t accomplish. As noted, it erases the conviction from records that can be accessed if you apply for a job or loan or try to rent an apartment. However, it doesn’t erase it from your criminal record. If you were to get another DUI, for example, you’d still be considered a repeat offender. Expungements require time and money. Therefore, before you decide to pursue one, it’s worthwhile to be honest with yourself about your chances of getting another DUI. If the first one was enough to make you stop drinking completely or to vow never again to get behind the wheel after even a sip of wine or one puff on a joint, it may be worth the effort — particularly if you may need to find another job or apply for a mortgage someday. A California criminal defense attorney can help you determine whether you’re a good candidate for expungement and help you through the process.

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