By Vincent John Tucci | Managing Partner & DUI Defense Attorney TL;DR Yes, breath tests can be wrong when administration and maintenance do not meet California’s evidential standards. California’s rules (often called “Title 17”) require an observation (deprivation) period, approved instruments, accuracy checks, and proper operator procedures. 17 CCR – Forensic Alcohol Testing. Two parallel …
By Vincent John Tucci | Managing Partner & DUI Defense Attorney TL;DR California ties DUI school length to your conviction and BAC. For first offenders on probation, courts order DUI education under Vehicle Code §23538: 3 months / 30 hours if BAC < 0.20% (AB 541). H&S §11837(c)(1) 9 months / 60 hours if BAC …
By Vincent John Tucci | Managing Partner & DUI Defense Attorney TL;DR A DUI conviction appears on most employment background checks in California until it is expunged under Penal Code §1203.4. California’s Fair Chance Act (Gov. Code §12952) limits when and how employers can ask about criminal history—only after a conditional job offer. A DUI …
By Vincent John Tucci | Managing Partner & DUI Defense Attorney TL;DR A DUI conviction will appear on most private employer background checks until it is dismissed (expunged) under Penal Code §1203.4. Under California’s Fair Chance Act, employers generally may consider criminal history only after a conditional offer and must do an individualized assessment. Gov. …
By Vincent John Tucci | Managing Partner & DUI Defense Attorney TL;DR Reasonable suspicion permits a brief DUI stop based on specific, articulable facts; probable cause—a higher standard—authorizes arrest when facts would make a reasonable person believe a crime occurred. These doctrines derive from Terry v. Ohio (1968) 392 U.S. 1 and California rulings like …
By Vincent John Tucci | Managing Partner & DUI Defense Attorney Visiting California when those flashing lights appear behind you? If you’re an out-of-state driver arrested for DUI, the confusion can be overwhelming—especially when you realize the impact might extend to your home state license. California’s participation in the Interstate Driver License Compact (IDLC) means …
By Vincent John Tucci | Managing Partner & DUI Defense Attorney TL;DR Know the targets: The three standardized field sobriety tests (SFSTs)—Horizontal Gaze Nystagmus (HGN), Walk-and-Turn (WAT), and One-Leg Stand (OLS)—are only “validated” when administered and scored exactly per NHTSA training. Deviations are fair game for suppression or impeachment. NHTSA SFST Manual (2023). Science & …
By Vincent John Tucci | Managing Partner & DUI Defense Attorney Arrested for DUI in Orange County with a previous conviction on your record? Prior offenses can sharply increase penalties and even turn a misdemeanor into a felony. California’s 10-year look-back rule (VC § 23550) links court and DMV records to calculate repeat-offense penalties. At …
By Vincent John Tucci | Managing Partner & DUI Defense Attorney After a DUI conviction, hearing you must install an ignition interlock device (IID) can feel like another obstacle in an already difficult process. But understanding how IIDs work—and when California law requires them—can help you stay compliant and regain driving privileges faster. At Braden …
By Vincent John Tucci | Managing Partner & DUI Defense Attorney TL;DR Injury cases: California treats “DUI causing injury” under Vehicle Code §23153. It’s a wobbler (misdemeanor or felony). Penalties for a first conviction include custody, fines, DUI program, and license consequences; court must also consider the sentencing provisions in VC §23554 and related sections. …
Facing a fourth DUI charge in Southern California can feel overwhelming. At Braden & Tucci, we’ve defended many clients at this exact crossroads. Understanding how a fourth (or later) DUI changes exposure—from felony filing decisions to longer programs and license consequences—is the first step in building a defense and protecting your future. TL;DR A fourth …
By Vincent John Tucci | Managing Partner & DUI Defense Attorney When a DUI crash results in a fatality, California prosecutors may charge either vehicular manslaughter while intoxicated or second-degree “Watson” murder. The difference turns on the driver’s mental state—negligence versus implied malice—and it drives the potential sentence. This guide explains the core elements, penalties, …
By Vincent John Tucci | Managing Partner & DUI Defense AttorneyGetting stopped for DUI in a California construction or maintenance zone can feel devastating. Orange cones, flashing lights, and active workers transform a routine stop into a high-stakes legal event. Under Vehicle Code §42009, fines double and potential jail time increases to protect roadside workers. …
By Vincent John Tucci | Managing Partner & DUI Defense Attorney For licensed professionals in California, a DUI can threaten years of work. Nurses, pilots, and real-estate agents face parallel tracks: the criminal case, the DMV action, and a licensing-board review. At Braden & Tucci, we coordinate all three to protect your record and your …
By Vincent John Tucci | Managing Partner & DUI Defense Attorney TL;DR SFSTs (HGN, Walk-and-Turn, One-Leg Stand) are only “validated” when administered and scored exactly per NHTSA training; departures are grounds to impeach or suppress. NHTSA SFST Manual. Frequent errors: rushed/incorrect instructions, no demonstration, testing on sloped/uneven surfaces, distracting lighting/traffic, footwear issues, medical confounders, improper …
By Vincent John Tucci | Managing Partner & DUI Defense Attorney TL;DR Yes. After a DUI in California you can be insured, but you’ll usually need an SR-22 (proof of financial responsibility) on file and you should expect higher premiums. DMV FFDL-35; DMV Insurance Requirements. How long? DMV materials state you must maintain an SR-22 …
By Vincent John Tucci | Managing Partner & DUI Defense Attorney TL;DR California law permits alternatives to jail for qualifying DUI offenders, such as house arrest, work programs, residential treatment, and community service. Penal Code §1203.1. Courts emphasize rehabilitation; many counties, including Orange County, authorize electronic monitoring, work furlough, or treatment in lieu of custody. …
By Vincent Tucci | Managing Partner & DUI Defense Expert TL;DR In California, DUI can be filed as a felony if it involves injury to another person, is a fourth offense within 10 years, or follows a prior felony DUI—these thresholds drive charging decisions. The DMV process is separate from court. You generally have 10 days to …
