DUI Blogger

Hydrocodone…more commonly referred to as “Vicodin”…is a commonly prescribed drug in California and throughout the world. It is typically combined with Tylenol and is used (1) to treat mild to moderate pain, and (2) as a cough suppressant. Because its use is so common…and legal when administered pursuant to a valid prescription…many people don’t think about the fact that driving while taking hydrocodone may nevertheless be illegal. As a result, many people are frequently arrested for violating California’s laws against driving under the influence of Vicodin (and for a variety of additional California Vicodin-related offenses as well).

Even if you are taking hydrocodone in strict compliance with a valid prescription, you are not permitted to drive while the drug is in your system if the Vicodin has affected your ability to drive a car in a safe and sober manner. In fact, most if not all prescriptions containing hydrocodone have a label warning users about the potential side effects that may cause impaired driving.

Play it safe. If you are taking Vicodin, make sure you take the time to see how the drug affects you before getting behind the wheel. Failing to do so could lead to a California arrest for driving under the influence of drugs.

If you are arrested for driving under the influence of phencyclidine (“PCP”) chances are that prosecutors will likely charge you with some additional California PCP-related charges as well. Depending on the circumstances, these may include charges for possession of PCP, possession of PCP for the purpose of sale and/or transporting PCP.

The most likely offense would be a violation of California’s law against using or being under the influence of PCP. And while it would seem like being under the influence of PCP would be encompassed in the crime of driving under the influence of PCP, it isn’t. California courts have held that the two are completely separate crimes, which means you can be prosecuted and sentenced for both.

This is primarily because the two offenses have different definitions of what constitutes “under the influence”.

You drive under the influence of PCP when the PCP has “so far affected the nervous system, the brain, or muscles as to impair to an appreciable degree the ability to operate a vehicle in a manner like that of an ordinarily prudent and cautious person in full possession of his faculties”. You are under the influence of PCP when your physical and/or mental abilities are impaired in “any detectable manner”.

Both charges are misdemeanors and both are equally defensible. If you find yourself arrested for these or any other California PCP-related charges, be sure to speak with a skilled California drug crimes defense attorney.

California field sobriety tests (“FSTs”) essentially set you up for failure. These so-called “tests” are designed to help law enforcement officers determine whether a suspect is driving under the influence. The problem is that there are so many different aspects to each test that even the most sober individual is bound to fail.

The fact is that unless you’re “falling down drunk”, these tests really aren’t indicative of anything…and if you are that drunk, the officer shouldn’t be performing these tests anyway, since your safety should be paramount.

The reality of the situation is that most people…even those who are intoxicated…will perform the majority of the test correctly. This is because each FST is broken down into a number of different parts, involving balance, coordination, listening and comprehension. And the parts of the test that cause most people difficulty could easily be explained by any number of “innocent” explanations…that is, explanations that have nothing to do with drug or alcohol impairment. Poor performance can be attributed to fatigue, stress, illness, injury, weather, etc.

Yet a cop will undoubtedly interpret any mistake that you make as a sign that you were driving under the influence. He/she will exclusively focus on what you did wrong, giving you no credit at all for anything you did right.

This is why it is critical that you 1) POLITELY refuse to perform any California field sobriety test if you are being investigated for a DUI (performing the test will rarely, if ever, help) or 2) fight any DUI charge where you did, in fact, perform these tests. Experienced California DUI defense attorneys know the most effective ways to demonstrate how and why FSTs are prejudicial and unreliable.

Late Wednesday night, “My Name is Earl” star Jamie Pressly was arrested in Santa Monica on suspicion of violating California’s driving under the influence law. Although very few details have been reported, there were apparently no aggravating circumstances…no accident, no speeding, no child in the car, no drugs in the car, etc.…just a typical DUI that stemmed from a traffic violation.

However, Pressly’s bail was set at $15,000 which is quite a bit higher than normal for a first-offense DUI. This has led to speculation that Pressly’s blood alcohol content (BAC) must have been higher than .15%. California’s driving under the influence law currently prohibits driving with a blood alcohol concentration of 0.08% or greater.

If this speculation proves true, Pressly’s California DUI attorney will want to scrutinize every aspect of the breath test…the procedures used to collect Pressly’s breath sample, the accuracy and maintenance of the breath testing instrument, Pressly’s diet…all in an effort to prove that her BAC was not at or above a 0.08%.

And if it turns out that the bail was based on a factor that is unrelated to Pressly’s BAC, it will be up to her DUI lawyer to determine which of the many DUI legal defenses will be most applicable to the facts of her case.