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In California, there are two things that need to be established in order to show that a person was driving under the influence. First, it must be shown that the defendant was driving a car. For the purposes of the California statute, driving just two inches in a parking lot is considered driving. It’s called volitional movement. Just the movement of the tires is enough to show that someone was driving. Secondly, it must be proven that the defendant was either impaired by alcohol or was at or above the legal limit at the time of driving. In California, the… Read More

If you have been arrested for driving under the influence of alcohol and/or drugs (DUI), you could face a variety of serious penalties, including jail time, fines, and the suspension or revocation of your driver’s license. The severity of these penalties can depend on a variety of factors. In addition, the department of motor vehicles (DMV) will seek to suspend or revoke your driver’s license irrespective of the result in criminal court. Some of these rights are time sensitive and require setting a hearing within ten (10) days of your arrest. Derek Ewin has literally handled hundreds of these types… Read More