Devina Douglas, Attorney at Law (707) 408-3529
  • Home
  • Profile
  • Practice Areas
    • DUI
    • Assault Crimes
    • Theft Crimes
    • Domestic Violence
    • Drug Crimes
    • Sex Crimes
    • Homicide
    • CA DMV Medical Reevaluation Hearings
    • Civil Harrassment Restraining Orders >
      • Restraining Order-related >
        • Other Types of Protective Orders
        • If You Are Served With A Protective Order
        • Resources for Victims of Domestic Violence
  • Contact
  • Results
  • Other information
    • Devina's Blog
    • Cal. Fish and Game Updates
    • Commonly-Requested Documents >
      • Local Ordinances
    • Reference Links
  • Disclaimer

Do’s and Don’ts of Driving Under the Influence Arrests

8/21/2018

 
One of the most common and, arguably, most dangerous criminal offenses is driving under the influence of drugs or alcohol. A DUI driver poses a risk not only to themselves, but to the general public as well. Because of the possible severe consequences of a DUI, California imposes severe punishments. Here’s a quick list of tipson what to do and what not to do if arrested for a DUI.
 
Don’t:
  1. DO NOT: Drink and Drive. Obviously, it is the first one. There are several ride-sharing services available that can ensure your safety and the general publics as well. Know them. Download the apps onto your phone BEFORE you go out.  Make sure your payment information within those apps is up to date. 
  2. DO NOT: Refuse chemical tests. Per California Implied Consent law, when a person obtains their driver’s license, they are agreeing to submit themselves to a chemical test in advance. Refusing a chemical test carries additional punishments, such as a 1 year license suspension, and negatively affects possible defenses for the case.
  3. DO NOT: Lie. When you admit to drinking one beer (in most cases a lie) it provides an officer a pre-text to ask you Field Sobriety Questions. Officer’s commonly hear “I had one beer” and instinctively know that it is false. Officer’s will also catch inconstancies in your story. So, if you can, politely refuse to answer any questions. 
  4. DO NOT: Argue with the officer. These circumstances can be crucial to a defense, as an aggravated driver will definitely not have their offense mitigated down, whereas a compliant driver might. 
  5. DO NOT: Forget to tell the officer of any medical conditions you may be suffering from that could impair your performance on the Field Sobriety Tests, your ability to hear the officer, or your ability to comply with any of the officer’s directions.
 
DO’s
  1. DO: Have all your paperwork ready prior to the officer arriving. 
  2. DO: Refuse the Preliminary Alcohol Screening Test (PAS). You are not legally required to consent to this test, so if offered, you are legally allowed to refuse to provide a breath sample. However, a breath or blood test, once you have been arrestedcannot be legally declined.
  3. DO: Be polite. All facts regarding the situation are vital to potential defenses.
  4. DO: Have your vehicle properly maintained. Although swerving is a common pretext for an enforcement stop, an officer pull you over if he has probable cause to believe you have violated ANY law. Although you may be driving perfectly, having a broken tail light or expired registration could potentially be the pretext for an officer to initiate an enforcement stop. An officer does not know that a person is intoxicated untilthey make contact, so don’t give them a reason to contact you.
  5. DO: Contact a lawyer. From the enforcement stop, to the jail booking, each fact of your situation is important. Defending against a DUI charge is a complicated process and a conviction can carry severe punishments. Ensuring you have an experienced attorney could be the difference between an acquittal and a conviction.

Assault and Battery: What’s the Difference?

8/6/2018

 
It is a common misconception to group assault and battery as one in the same even though they are typically charged jointly. The California Penal Code defines “assault” and “battery” differently, making them two distinct criminal acts that require their unique set of requirements. Assault is defined under California Penal Code Section 240, whereas battery is defined under section 242.

Assault is defined under Penal Code Section 240 as, “an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.” Assault seeks to protect pure psychological injuries because every person has the right to be free from apprehension of a potential injury. What does this mean? As stated in Penal Code Section 240, assault is the unlawful attemptto commit an injury. This means that no actual injury is required, rather the simple attemptto commit the injury is sufficient. For example, shouting profanities at someone does not constitute assault, as mere words are not enough. They do not create a justified apprehension of harm. However, if the words are coupled with physical actions such as balling your fists, or grabbing for a bat, then it could be deemed sufficient. It is the justifiable fear that a person can create towards another from their actions that assault seeks to protect against. 

Battery, on the other hand, is taking an assault a step further. Penal Code section 242 defines “battery” as any willful and unlawful use of force or violence upon the person of another. Battery seeks to protect the bodily integrity of the person. Unlike assault, battery requires that physical contact be made. But what type of physical contact? Typically, this refers to person-to-person contact, such as punching or pushing. However, courts over the years have expanded the meaning of physical contact. The courts have even held that making physical contact with an item that the other is holding, if in close proximity, injures their bodily integrity. Here’s an example, A slaps a plate out of B’s hand. Although A did not make physical contact with B, the plate is considered part of B’s bodily integrity because he was holding it. Another way the courts have expanded the physical contact element is by considering an alleged victim’s particular personal preferences, but only if that preference has already been articulated to the would-be batterer.  An extreme example: B is afraid of being hugged. A, knowing of this, lunges at B to hug him. Although hugging is normally a socially acceptable act, B’s prior verbal communication of his sensitivity makes it unacceptable to him. If A hugs B, A had committed a crime.
 
As always, the intricacies of assault and battery charges depend on the facts. Make sure you find an experience lawyer to assist you, as both assault and battery carry severe penalties if convicted.

    Author

    Devina strives to make information relevant to the lives of her clients easily accessible. 

    Archives

    March 2025
    February 2025
    January 2025
    December 2024
    November 2024
    October 2024
    September 2024
    August 2024
    July 2024
    April 2024
    August 2023
    April 2023
    March 2023
    February 2023
    January 2023
    July 2022
    June 2022
    May 2022
    April 2022
    March 2022
    February 2022
    January 2022
    December 2021
    June 2021
    May 2021
    April 2021
    March 2021
    February 2021
    January 2021
    December 2020
    November 2020
    October 2020
    August 2020
    June 2020
    February 2020
    January 2020
    November 2019
    August 2019
    July 2019
    June 2019
    April 2019
    March 2019
    February 2019
    December 2018
    November 2018
    October 2018
    September 2018
    August 2018
    June 2018
    May 2018
    April 2018
    March 2018
    February 2018
    January 2018
    December 2017
    October 2017
    September 2017
    August 2017
    June 2017
    May 2017
    April 2017
    January 2017

    Categories

    All
    DMV Related
    Domestic Violence
    Drugs
    DUI
    General Criminal Defense
    Gun Rights
    Marijuana Related
    Marijuana-Related
    SCOTUS News
    Weird News

    RSS Feed

Proudly serving Sonoma, Marin, Napa, Mendocino and Lake Counties (and occasionally venturing as far as Yolo, Santa Clara and San Mateo Counties).
Picture
Picture
Picture
Picture
Picture
Proudly powered by Weebly

​This website is for informational purposes only and does not provide legal advice. Do not act or refrain from acting based on anything you read on this site. Using this site or communicating with the Law Office of Devina Douglas through this site does not form an attorney/client relationship. This site is legal advertising. Please review the full disclaimer for more information. (LINK TO FULL DISCLAIMER PAGE)
  • Home
  • Profile
  • Practice Areas
    • DUI
    • Assault Crimes
    • Theft Crimes
    • Domestic Violence
    • Drug Crimes
    • Sex Crimes
    • Homicide
    • CA DMV Medical Reevaluation Hearings
    • Civil Harrassment Restraining Orders >
      • Restraining Order-related >
        • Other Types of Protective Orders
        • If You Are Served With A Protective Order
        • Resources for Victims of Domestic Violence
  • Contact
  • Results
  • Other information
    • Devina's Blog
    • Cal. Fish and Game Updates
    • Commonly-Requested Documents >
      • Local Ordinances
    • Reference Links
  • Disclaimer