San Luis Obispo Criminal Law Blog

When most people think of alcohol or drug-related offenses, they tend to think of driving under the influence or drug possession -- among a few other crimes. A lot of people do not think about public intoxication. What is it? What does it take to for prosecuting attorneys to achieve a conviction on such a charge in California?

If you are out in public and acting in a way that others might find offensive or out of character, to the point that you visibly seem drunk or otherwise impaired, police may arrest you for public intoxication. The primary purpose of this charge is to keep people from hurting themselves or others in a public setting. In California, this constitutes a misdemeanor offense with penalties that include fines and possibly jail time.

If a DUI arrest marred your recent holiday festivities, you may be wondering what to expect in the future. As the legal process unfolds, you are right to have concerns. A straightforward DUI, even a first offense, carries stiff penalties in California, not the least of which is a permanent mark on your record if a court convicts you. You may be especially worried if police charged you with aggravated DUI.

Numerous circumstances can result in the addition of an aggravating factor to your charges, and the result if you are convicted is the probability of facing harsher penalties for the offense. While each state has its own list of aggravating factors that lead to enhanced sentences, some are common to many. You would be wise to seek legal counsel from an attorney who is well familiar with the laws in California, if that is where your arrest took place.

As the holidays approach, so may the tensions with your soon-to-be ex. Holidays are stressful times, and it is common for couples, especially those who are separating, to argue more frequently. If your fights tend to be loud and passionate to begin with, your spouse may have be able to jeopardize your chances of a positive divorce.

It is true that some people are willing to take advantage of the safeguards in place that protect victims of domestic abuse. They do this by making false claims. Accusations that you were violent or abusive to your spouse can wreak havoc on your life.

It is common knowledge that no one is perfect and everyone makes mistakes. Of course, some mistakes you make may be more serious than others are, and if you consume alcohol before driving, this error may be one that affects your life in substantial ways.

Fortunately, if a police officer stops your vehicle and suspects that you are under the influence, you do not have to immediately picture yourself sitting behind bars due to a DUI conviction. You, like everyone else in California, have the right to prepare and present a criminal defense against any allegations that police bring against you.