When members of our Armed Forces get arrested for DUI off-base, there are additional penalties they are facing as a result of their employment as a member of the military. The primary DUI laws and penalties imposed on members of the military are established in the Uniform Code of Military Justice (UCMJ) and the Manual for Court Martial (MCM). These military enhanced consequences are IN ADDITION to the civilian penalties and consequences if the military member is convicted of DUI.

Military regulations often subject its members to enhanced Non-Judicial Punishment (NJP), which go above and beyond the punishments allowed by civilian law. Defending clients against DUI charges requires engaging in all three battles; the civilian charges in criminal court, the admin per se sanctions imposed by the California DMV (as well as the DMV in the state of residence of the military member, as many are not California permanent residents or California licensed drivers), and the military base and/or court martial proceedings.

It should be noted that being arrested for DUI on base is VERY different than being arrested off base, mainly because of the difference between state jurisdiction over a person whereas the military base falls under FEDERAL jurisdiction. A member of the military could be excluded from civilian prosecution if the DUI offense occurs within the federal jurisdiction of a military base.

Each branch of the armed services has its own specific disciplinary actions and loss of privileges for DUI & alcohol related misconduct by its members. For example, Marines stationed in Camp Pendleton who are arrested for DUI in Oceanside, San Diego or other surrounding areas will face a military administrative hearing to determine whether they will be able to keep their on-base driving privileges. Often the base commander will revoke such privileges in the hope of encouraging the member to stay on base, or alternatively, to get someone else to drive if they will be leaving base for a night out. Such revocation of driving privileges can have drastic affect on the client whose primary job may be driving heavy machinery or other military transportation vehicles. In fact, some Marines have been discharged as unable to perform their duty as a result of their driving privileges being suspended.

If you are a Marine on active duty in Camp Pendleton and have recently been arrested for DUI in Oceanside, San Diego, or anywhere in Orange County, you are potentially facing discharge from the Marine Corps due to these allegations. You need the help of an experienced DUI attorney that knows how to best protect your rights and privileges and can increase the odds of retaining employment. Call the experienced DUI lawyers at Houston Law of California TODAY to evaluate your case and plan for your defense. The military process will happen much more quickly than the DMV and criminal action. DO NOT WAIT! We are available 24 hours per day, 7 days per week at 714-841-3921 or email us at Info@HBLawyers.net for a prompt and confidential response.

These “authorities” (note the sarcasm) are relying on California Vehicle Code §23578 which states “…if a person is convicted of [DUI], the court shall consider a concentration of alcohol in the person’s blood of 0.15 percent or more … as a special factor that may justify enhancing the penalties in sentencing, in determining whether to grant probation, and, if probation is granted, in determining additional or enhanced terms and conditions of probation.” Note that there is no MANDATE for the judge to do so. It merely states that the judge “may” justify enhancing a penalty by considering an increased BAC above 0.15%. It should also be noted that this provision ONLY APPLIES TO FIRST TIME DUI OFFENDERS! There is no such provision for repeat or multiple offenders.

In 2007 the California legislature attempted to get the MANDATORY enhancement, under the previous §23578, reduced from a .20% BAC down to a .15% BAC. Unfortunately they did not have enough votes. The result is that a compromise was worked out which has become the amended CVC §23578. The point to make with the court is that since the LEGISLATIVE branch was not able to pass a law requiring enhanced penalties for BAC in excess of 0.15%, it is improper for the Judiciary and/or the EXECUTIVE to try and pass it themselves by imposing such “enhancement’s” for BAC’s above 0.15% without specific authorities to do so.

If you have been arrested for DUI and you are facing an enhanced penalty for a BAC greater than 0.15%, you need to hire an attorney that knows the law and understands how the law must be applied. The DUI attorneys at Houston Law of California have successfully handled numerous clients facing similar charges. Do not wait until the night before your court date to call an attorney. You need to call NOW. Call Houston Law of California now at 714-841-3921 so we can assist you with all of the issues you are facing as a result of your arrest for DUI and make sure that you are not facing improper charges from the District Attorney. Call now!

As part of the scheme, the defendants would contact the homeowners and promise to refinance their distressed loans. Knowing they were unable to perform to their promise, they submitted loan applications from non-existent potential buyers of the property. The loan applications were funded as purchase money mortgages. Some of those mortgage money loans were skimmed and kept by the defendants. As a result, lenders realized actual cash losses when the “straw buyers” did not make any loan payments. The homeowners lost title to their homes when the loans fell into default.

Much of the illegally obtained money was used for personal expenses, such as the purchase of a Lamborghini, a high performance sports car, and illegal drugs.

As an increasing number of complaints are investigated, more mortgage fraud is being discovered. Accordingly, mortgage fraud prosecutions are expected to increase due to the increase in fraudulent activity in recent years due to the increased lending activity of the mortgage banks. Mortgage fraud is a federal crime and will be investigated by the FBI. Sentencing for mortgage fraud is also extremely harsh. Often, a sentence the most severe mortgage fraud is more severe than that of some violent crimes, which often carry shorter prison sentences.

If you have been arrested for mortgage fraud, or if you are currently under investigation for engaging in fraudulent mortgage activities, you need the assistance of a qualified attorney familiar with mortgages and the federal criminal system. You NEED the assistance of counsel BEFORE you speak to the authorities! If they have already contacted you it is not too late. Contact the federal criminal defenders at Houston Law of California TODAY! DO NOT WAIT! It is what you say that will do more damage to your defense than any other issue. Call Houston Law of California now at 714-841-3921 or email at info@HBLawyers.net.

A recent story published on

Cities and private towing operators make tens of millions of dollars a year from checkpoints. This cash mainly comes from towing fees and daily storage charges. An investigation by UC Berkeley has found that vehicle impounds at DUI checkpoints in 2009 generated an estimated $40 million in towing fees and police fines. This money is divided between the cities themselves and the towing companies called to impound vehicles seized (often unlawfully) from an arrestee.

In addition to tens of millions of dollars generated in towing fees and police fines, police officers received an additional $30 million in overtime pay for staffing the DUI checkpoints. Police officer overtime accounts for more than 90 percent of the expense of such checkpoints. Departments do not generally assign officers to work checkpoints during their regular shifts.

In addition, according to guidelines established by the National Highway Traffic Safety Administration (NHTSA), law enforcement agencies tend to use more officers than a checkpoint requires, thus increasing the unnecessary expenses to the taxpayers. Statewide, police departments on average deployed 18 officers at each checkpoint, according to state data. The federal traffic safety agency advises DUI checkpoints to be staffed with as few as six officers! Police departments are using three times as many officers on average than is suggested or even necessary. The officers that are working overtime (generally ALL of them) are being paid an increased hourly rate. The additional officers at a DUI checkpoint cost state and federal taxpayers an extra $5.5 million in 2008-2009.

With support from groups such as Mothers Against Drunk Driving (MADD), California more than doubled its use of sobriety checkpoints the past three years. In a predictable fashion, State officials have declared that 2010 will be the “year of the checkpoint.” Police are scheduling 2,500 of the operations in every region of California. Don’t be a statistic. Do not shoulder the burden of California’s financial woes. If you are stopped for DUI at a sobriety checkpoint, do not answer any questions and DO NOT PERFORM ANY FIELD SOBRIETY TESTS!!! (See “Stopped for DUI? Just say “NO” to Field Sobriety Tests” part I and II at http://hblawyers.net/2009/02/tgabeh/stopped-for-dui-say-no-to-field-sobriety-tests-part-i/ )

If you have been arrested for Driving Under the Influence in Newport Beach, Huntington Beach, Santa Ana, or anywhere in Orange County, you need the assistance of competent DUI defense attorneys working to ensure your rights are protected and that you receive your constitutional due process. The criminal defense lawyers at Houston Law of California can assist with your DUI charges, possibly getting them reduced or dismissed, and handle any other criminal accusations against you. Call TODAY! Do NOT WAIT! Call the criminal defense attorneys of Houston Law of California at 714.841.3921 or email at info@HBLawyers.net .

Officer: “How much have you had to drink?”

Client: “I will not answer that, sir.” 

Officer: “I smell alcohol on you tell me how much you’ve had to drink?” 

Client: (No answer). 

 Officer: “Step out of your truck.” 

Client: “OK.”  

Officer: “Step over to the curb.” 

Client: “OK.”  

Officer: “I want to give you a few balance and coordination tests.” 

Client: “No sir.” 

Officer: “What do you mean?”

Client: “I mean I will not do your FST ballet.”

Officer: “Why not?”  

Client: “One, I don’t want to. Two, I am not legally mandated to so do. Three, your tests on a person my age (67) are not scientifically validated.” 

Officer: “Yes they are.” 

Client: “Wrong.”

 Officer: “All right, I’m just going to give you an eye test.”

Client: “Wrong again, sir.” 

Officer: “If you don’t comply you will be arrested.” 

Client: “For what?” 

Officer: “I have reason to believe you were driving under the influence.”

Client: “Based on what?”  

Officer: “Are you refusing to do the test?”

Client: “If you are talking about FST’s (field sobriety tests) or SFST’s (standardized field sobriety tests), I am.  If you are talking about a chemical test, I am not and will submit to a blood test.” 

*******Client was taken to hospital for a blood draw and then to jail. He was charged with CVC 23152(a) and (b) and PC 148(a)(1)******** 

Client: “Under what basis am I being charged for the 148?”

Officer: “You failed to submit to a FST and thus obstructed my investigation.”

Client: (laughter) “OK!”. (NOTE: He answered NO questions other than his NAME!)

I consistently tell my clients to REFUSE to answer any questions the officers pose, other than their NAME, and present the officer ONLY with their license, registration, and a copy of their insurance. Providing any answers to the police inquiry is simply assisting the police in building their case against you. The police officer must show IMPAIRMENT. They use the FST’s as a means of demonstrating that you were impaired (presumably by alcohol) and therefore in violation of driving under the influence of alcohol and/or drugs.

FST’s are NOT a pass/fail test. They are a FAIL/FAIL test. Therefore, ALWAYS REFUSE TO TAKE THEM! Without indicia of driving impairment, and without providing the police officer any basis on which to claim this driver was actually impaired, my colleague has a very good chance of successfully defending against the criminal action for suspicion of driving under the influence of alcohol. He certainly will have a colorable claim to have the 148 dismissed outright! It is can NEVER be a criminal violation to exercise your constitutional rights!

If you have been arrested for Driving Under the Influence in Newport Beach, Huntington Beach, Santa Ana, Long Beach, or anywhere in Orange County, you need the assistance of competent DUI defense attorneys working to ensure your rights are protected and that you receive your constitutional due process. The criminal defense lawyers at Houston Law of California can assist with your DUI charges, possibly getting them reduced or dismissed, and handle any other criminal accusations against you. Call TODAY! Do NOT WAIT! Call the criminal defense attorneys of Houston Law of California at 714.841.3921 or email at info@HBLawyers.net .

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California Penal Code §647(f) specifically states that one can be convicted of a misdemeanor for disorderly conduct if he or she is found in a public place under the influence of alcohol or drugs, or any combination of alcohol and drugs in a condition that he or she is unable to exercise care for his or her own safety or the safety of others OR if he or she interferes with or obstructs or prevents the free use of any street, sidewalk, or other public way.

There are many techniques to attack any arrest for being drunk in public. Case law is very specific as to what qualifies as being “unable to care for one’s own safety”. Often, police reports are vague (at best) as to the actions that the officer deemed “unsafe” to the arrestee. Furthermore, the law is also specific that if arrested under 647(f), the arrestee must be taken to a specified facility and shall NOT be subject to any criminal prosecution for the events giving rise to the arrest for Public Intoxication (also known as Drunk in Public). But, to properly fight these allegations and make sure your rights are honored, you need the assistance of an experienced lawyer who is able to handle your case and possibly get it dismissed.

If you have been arrested for Public Intoxication or Drunk in Public in Long Beach, you need the assistance of a competent and experienced defense attorney working to ensure your rights are protected and that you receive your constitutional due process. The criminal defense lawyers at Houston Law of California can assist with your Public Intoxication charges in Long Beach and anywhere in Orange County or Los Angeles. The lawyers at Houston Law of California can handle any other criminal accusations against you. (Often, “Drunk in Public” cases turn in to DUI arrests). Call TODAY! Do NOT WAIT! Call the Long Beach criminal defense attorneys of Houston Law of California at 714.841.3921 or email at info@HBLawyers.net .

For a discussion leading up to the increases in arrests, see http://thedistrictweekly.com/2009/daily/writing-shotgun/the-legend-of-belmont-shore-bar-problems-grow/ and http://thedistrictweekly.com/2009/print/news/say-cheese/

California Vehicle Code (CVC) §23152 is the non-injury drunk driving statute. Non-injury drunk driving is more commonly referred to as “misdemeanor drunk driving”. CVC §23152(a) makes it illegal to drive a vehicle while under the influence of alcohol or drugs (or any combination of the two). CVC §23152 (b), a.k.a. the “per se” statute, makes it illegal to drive a vehicle with a blood or breath alcohol concentration (BAC), also known as blood alcohol level, of 0.08% or more

The difference between subdivisions (a) and (b) of §23152 is that evidence of alcohol or drug impairment is necessary for a conviction of violating subdivision (a), whereas under subdivision (b), only a minimum level blood or breath alcohol concentration need be proven.

In cases where there is no chemical test result, only (a) is charged because alcohol level is difficult to determine on the basis of impairment evidence alone. Obviously different people have different requirements of alcohol ingestion to show signs of impairment. In fact, some people are under the influence at alcohol levels as low as 0.05%, while others can have a BAC as high as .10 before showing signs of impairment. Therefore, chemical test evidence indicating a blood or breath alcohol level of 0.08% or more would probably be necessary for there to be legally sufficient evidence of violation of subdivision (b)

In most cases with chemical test results, both (a) and (b) will be charged, but a person is only subject to conviction on one of them. The key to a conviction for Subdivision (a) is that the officer must show signs of impairment. Simply having alcohol in your system is not sufficient for a conviction under CVC §23152(a).

For this reason alone, I always consult clients the avoid performing any Field Sobriety Tests (FST’s). By requesting a driver to perform FST’s, the officer is simply trying to record signs of impairment. The officer will then use his observations to establish that the driver was driving under the influence, even if the drivers’ BAC is below .08%!  By submitting to FST’s, you are assisting the officer to make a case against you for violating CVC §23152(a).

If you have been arrested for Driving Under the Influence in Huntington Beach, Newport Beach, Irvine, or anywhere in Orange County, you need the assistance of competent DUI defense attorneys working to ensure your rights are protected and that you receive your constitutional due process. The criminal defense lawyers at Houston Law of California can assist with your DUI charges and handle any other criminal accusations against you. Call TODAY! Do NOT WAIT! Call the Orange County criminal defense attorneys of Houston Law of California at 714.841.3921 or email at info@HBLawyers.net .

No established medical history or clinical diagnosis of substance dependence. Furthermore, there can be no substance abuse within the preceding 2 years.

“Substance” includes: alcohol, sedatives, hypnotics, and central nervous system stimulants (e.g. cocaine, amphetamines, hallucinogens, cannabis, etc)

(ii) “Substance dependence” means a condition in which a person is dependent on a substance, other than tobacco or ordinary xanthine-containing (e.g., caffeine) beverages. To determine “dependence” the FAA Medical Surgeon looks for symptoms of Increased tolerance; withdrawal symptoms; Impaired control of use and/or Continued use despite damage to physical health or impairment of social, personal, or occupational functioning.

A verified positive drug test result, an alcohol test result of 0.04 or greater alcohol concentration, or a refusal to submit to a drug or alcohol test required by the U.S. Department of Transportation or an agency of the U.S. Department of Transportation can can be determined to be “Substance Abuse”, thus creating eligibility for a medical certification denial.

Lastly, the Federal Air Surgeon has discretion to determine misuse of a substance, based on case history and appropriate, qualified medical judgment relating to the substance involved, if he finds that a person is unable to safely perform the duties or exercise the privileges of the airman certificate or may reasonably be expected, for the maximum duration of the airman medical certificate applied for or held, to make the person unable to perform those duties or exercise those privileges.

There has been more than one occasion where the Federal Air Surgeon has revoked or denied a pilots privilege to fly based on a criminal history stemming from multiple charges of driving under the influence (DUI) or driving while intoxicated (DWI). Furthermore, any pattern of drug use based on criminal charges stemming from drug possession, abuse or trafficking can also result in a denial or revocation of an airman medical license. If you have had your medical license revoked, suspended or denied, or if you are a pilot that has been arrested for drunk driving, you need the assistance of a competent criminal defense attorney with experience in aviation law to ensure your rights are protected. Call the aviation lawyer at Houston Law of California TODAY! DO NOT WAIT! Call 714-841-3921 or email Gabe@HBLawyers.net.

The men were arrested in May of last year in possession of sixty-two (62) abalone. According to California Fish and Game permit restrictions, the men collectively were permitted to have a total of twelve between the four of them as the limit is three per person.

If you have been arrested or cited for illegal fishing , fishing with an illegal permit or other violations of Fish and Game restrictions, you need the assistance of a competent criminal defense attorney. As you can see, not only will the fines be severe, but you may also be subject to losing the privilege of fishing in this state for the rest of your live. Call Houston Law of California to speak with a criminal defense who is knowledgeable in this area and how to preserve your rights and protect your privileges. Call 714-841-3921 TODAY, or email Gabe@HBLawyers.net.