San Luis Obispo Criminal Law Blog

You probably already know that your blood alcohol concentration here in California cannot legally exceed .08. You also know that police officers may ask you to submit to a breath test on the side of the road during a DUI traffic stop.

What you may not know is that there is a significant margin of error of up to 15 percent for roadside breath testing machines. That may not seem like a large number, but if you are one of the 23 percent of drivers arrested for DUI based on a false positive, it could make all the difference.

When you first moved into your dorm or apartment at a California college campus, you were likely filled with excitement, nervousness and a sense of freedom, especially if it was the first time you'd ever been away from home. Since then, you've hopefully found your niche and have developed good study habits and a sense of normalcy and routine in your daily schedule. You've also hopefully connected with a group of friends who are like-minded in their goals.

College life isn't all academics; in fact, the social scene is a main component that graduates often remember when they move on in life and think back on their college days. Drinking alcohol is often part of the social atmosphere in college. Unfortunately, alcohol-related incidents are often among the negative, not happy, memories for those whose situations get out of hand. If you drink, you'll want to be aware of some important issues, including where to seek support if a problem arises.

The ways in which crimes are punished and the length of sentences is often considered to have an impact on reoffense rates. In 2014, California voters chose to reduce penalties for several different convictions formerly categorized as felonies. This change to the criminal defense system in California was controversial and contested, so these follow-up studies to the passage of Proposition 47 are of high interest to many in the state.

In 2014, Proposition 47 transitioned what were once felonies into misdemeanors. This lowered sentences for many of them from prison terms to minimum jail sentences. Among the criminal sentences impacted were drug possession, theft, shoplifting, identity theft, receiving stolen property, writing bad checks and check forgery. 

If you are a rather clumsy person, the type that trips over your own feet while walking down a sidewalk, then one of the things you no doubt hope to never do is take a field sobriety walk-and-turn test. This is one of three common tests that California police officers may request you to take if they pull you over while driving and suspect that you might be intoxicated.  

The problem is that there are numerous variables that can come into play to cause you to fail such tests, even if you are stone-cold sober. If you stumble, trip or fall, you can wind up in handcuffs and on your way to jail for suspected DUI. That's why it's important to learn as much as you can about field sobriety tests ahead of time, as well as where to seek support if things don't go your way.