Bay Area Criminal Defense Blog

A few decades ago, the police in California could bust you for having some pot. Over time, possession of a small amount of marijuana was treated less seriously, maybe resulting in a ticket. However, medical marijuana has been available in California for more than 20 years. Recreational use of mar...

It may seem unbelievable that you could end up under arrest for a DUI after having your drink spiked and attempted sexual assault. If a driver drinks a spiked cocktail, they may find themselves driving and feeling much more impaired than expected. After a DUI traffic stop and arrest, the driver m...

St. Patrick's Day (March 17, 2020) falls on a Tuesday this year. The holiday, including the weekend before, can be celebrated with traditional Irish food and music, parades, and wearing green. However, many people still associate the holiday with celebrations at Irish pubs and bars, drinking Guin...

Orinda is a great place to live, close enough to bigger Bay Area cities but far enough away to feel like a small town. With all the commuting in and out of Orinda, some drivers coming home after going out to dinner may see police lights in their rearview mirror. Even if the driver does not feel i...

Driving under the influence (DUI) of alcohol and/or drugs is illegal for anyone in California. However, drivers under the age of 21 are subject to more strict limits when it comes to drunk driving. Underage drivers may have to submit to chemical breath tests that are optional for over-21 drivers ...

San Francisco 49ers fans will have to wait until next season to see if their team will become the next Super Bowl champs. While some fans in the East Bay were supporting the Kansas City Chiefs, the final score in Miami ended the celebration of many football fans. For both fans celebrating and lam...

After having a couple of drinks and getting behind the wheel, flashing lights in the rearview mirror can trigger panic. Even if you are not very impaired, being nervous during a traffic stop can help convince the police officer that you are driving under the influence (DUI) of alcohol and/or drug...

New Year's is a time when many people try to make life changes with a New Year's resolution. This may include going to the gym, stopping smoking, or drinking less alcohol. Unfortunately, many people decide they need to cut down on drinking only after getting arrested for drunk driving.  If you w...

Drivers in California know that if they have a blood alcohol level of 0.08% or higher, they can face a DUI conviction. However, one lawmaker is looking to lower the legal limit in an effort to reduce drunk driving accidents. If the law is passed, California would have a lower BAC limit of 0.05% f...

Marijuana is a multi-billion dollar industry in California. Now that it has been legalized for recreational use, the industry will continue to expand. With so much money involved and the promise of more, the pot industry is also subject to abuse and fraud. A couple of recent arrests have tied the...

The constitutional protections against unlawful search and seizure raise serious questions given our increasing reliance on technology. The courts are confronting novel questions about what constitutes a search, seizure, and self-incrimination. Police in Ohio have recently used a suspect's pacema...

After the stress, penalties, and costs associated with a drunk driving arrest, many drivers make sure they never get caught drinking and driving again. Some drivers end up with a second DUI, with even harsher penalties. However, there are some drivers who end up arrested for a DUI again and again...

Recreational marijuana is now legal in California, and medical marijuana has been available for almost 20 years. Recreational users looking to save some money may try to grow the plant at home. However, it is important to know the limits of the law, as well as the safety risks associated with hom...

Police officers have heard all kinds of excuses for why the driver tests positive for alcohol after a breath test. However, in some cases, those excuses may be convincing enough for a judge to dismiss DUI charges. A driver in the Midwest has had her drunk driving charges dropped after explaining ...

Anyone who has been arrested for driving under the influence knows how expensive a DUI can be. A drunk driving conviction may result in thousands of dollars in fines, fees, and increases to car insurance. On top of that, the driver may have to pay for DUI school, an alcohol abuse assessment, and ...

California was the first state in the country to allow marijuana to be used for medical purposes. Since then over half of all states and the District of Columbia have joined California in legalizing medical marijuana. However, some states remain staunchly opposed to decriminalizing the substance....

Drivers who are required to have an ignition interlock device installed in their vehicles understand the deterrent effect it has on drinking and driving. Soon, mandatory IIDs will be required for all DUI convictions across the state of California. A new study shows that IIDs reduce the number of ...

While people are arrested for drunk driving any time of the year, certain days have higher rates of drinking and driving. This includes the 4th of July, Labor Day, and Memorial Day. However, one of the busiest times of the year for drunk driving arrests occurs during the holiday season from Thank...

Law enforcement departments claim their officers are trained in how to spot drivers who may be under the influence of drugs or alcohol. These officers testify in court, based on their experience and training, to help convict drivers of DUIs. However, officers misidentify impaired drivers all the ...

After a car accident, the police are trained to look for signs of impairment by alcohol or drugs with any of the drivers involved. After a hit-and-run accident, police may be on increased alert that the driver may be drunk. After multiple hit-and-run accidents in a row, the police may expect the ...

When an impaired driver gets into an accident, they risk a DUI or even the more serious charge of a DUI causing injury. However, when an impaired driver crashes into a police vehicle, they are almost certain to be arrested. Across the country, dozens of people have been arrested on suspicion of d...

In the United States, the majority of people learn to drive as teenagers. Urban planning which prioritizes automobiles combined with a lack of high-quality public transportation means that driving is a necessary part of most Americans' days. Unfortunately, for many, license suspension can keep pe...

Oftentimes when minors commit crimes they get a slap on the wrist. Typical sentences entail house arrest, probation, community service and short-term stays in a juvenile facility. However, depending on the severity of a crime and how often a minor commits them, a judge can gauge whether or not a ...

Drunk driving can affect people from all walks of life, from teachers and car mechanics to professional football players. Unfortunately for those arrested for a DUI, in addition to criminal charges, their arrest may affect their job and their future. A California professional football player has ...

Drunk driving arrests and accidents can increase over the holiday season. Between Thanksgiving and New Year's people out celebrating with family and friends end up driving home after having too much to drink. While many police departments have increased patrols out over the holidays, some police ...