Hello this is Attorney Patrick Silva with another answer to one of your fequently asked questions. Many times I get asked, did I have to blow into the roadside breath test. That’s governed by vehicle code 23612A1D. The test is completely voluntary, the officer should have told you it was voluntary and that you had the […]

My boyfriend from Huntington Beach was pulled over yesterday, St. Patrica Day, for “driving too slow” at the light or at a turn. He refused a breathalyzer because he felt this was harassment. The police held him down at the station and took a blood sample, is this legal in CA? I know under probable

Hello, Attorney Patrick Silva here again with another answer to one of your frequently asked questions. Recently I was asked can someone get a Dui with no chemical test? Well a Dui has two separate offenses you vehicle code 23152 (a) which says driving impaired to an appreciable degree and 23152 (b) which say your

Hello this is Attorney Patrick Silva with another answer to one of your frequently asked questions. Recently I was asked I had a felony Dui approximately 2008 can I get it reduced to a misdemeanor? The process of get a felony dui reduced to a misdemeanor is know as penal code 17b it allows you

Yes, even though many people think they can safely drive while high on Marijuana. Driving under the influence of weed or any drug is still illegal. It is treated similar to drunk driving and all other forms of DUI under state law. Why is Stoned driving illegal? The studies on how Marijuana affects driving no

The legal status of recreational Marijuana is irrelevant to California Dui Law. Although the new laws make it legal to grow, own, and even smoke marijuana in California it is still illegal to smoke and get behind the wheel of a car. Here are two reason why: 1. California Dui Laws state that driving under

Hello this is Attorney Patrick Silva with another answer to one of your fequently asked questions. Recently we were asked, Can I be arrest if I was tested positive for a DUI but the CHP officer left before the results were in? I was over the limit a .19, I ended up at the hospital.

Q:  I got a second DUI, bailed out, missed court date, tried to turn myself in and got turned away. It’s been over 4 years and I’m trying to get this taken care of so I can get my license back. I have not been in trouble with the law since. A:  Advice, hire an

Q: I got a dui for marijuana and my 10 day mark falls on a sunday can i still call on monday to request a hearing or is it too late? ​A: You do not need to contact Mandatory Actions for a drug DUI the DMV can only suspend upon notice of a DUI conviction. ​APS