Author: Manuel Barba

Southern California DUI – Drunk Driving Defense Attorney Manuel J. Barba is an expert in DUI defense and is dedicated to defending people accused of DUI - Drunk Driving, as well as cases related to DUI. Attorney Manuel J. Barba represents people accused of DUI throughout Riverside County, San Bernardino County, Imperial County, Orange County, and parts of Los Angeles County.

What is the difference between DUI and DWI?

 

What is the difference between DUI and DWI?

What is the difference between DUI and DWI? A lot of people think that there is no difference between a DUI and a DWI. However, driving while under the influence, or a DUI, is deemed to be a lesser charge because you are just under the influence of alcohol.

On the other hand, driving while intoxicated, or DWI, means you are now intoxicated, which is a higher level of impairment. And that is determined by whatever the alcohol level is. In California, we don’t have DWI, just a DUI, which is called a Zero Tolerance State. It basically means that if you have a level of .08 or more, then you are going to be charged with a DUI.

If you have any questions about your particular situation on the charges filed against you, feel free to give me a call. We can discuss your particular situation and get you the best defense that we can.

Can I get a DUI on a bicycle?

Can I get a DUI on a bicycle?

It may seem like a strange question, but can I get a DUI on a bicycle? In California, you can get a DUI on a bicycle. Basically, you cannot ride a bicycle on the roadway while you are under the influence of alcohol and or drugs. The penalties compared to driving while under the influence are a little less because obviously, you are on a bicycle. And as a result, the safety hazard is not as great as if it was when you’re driving a motor vehicle. However, if you’re under 21 years of age, you can lose your license for a year. So the consequences can still be serious and have repercussions in your life.

If you have any questions with regard to your specific situation or you’ve been charged with DUI feel free to call me and we can review your particular situation and see what we can do for you.

Can I get a DUI while on a horse?

Can I get a DUI while on a horse?

You can get a DUI while you’re riding a horse on a roadway. There’s a statute in California that basically says that if you are riding any animal on the roadway, then you have the same rights as a person who’s driving a motor vehicle. You also have the same responsibilities. The number one rule in California about driving is to drive in a safe manner.

If there’s something going on as to how you’re riding your horse on the roadway, then you can get a reckless driving or something like that. Driving a car while you’re under the influence of alcohol and drugs is illegal because of the safety factor, the same is true on a horse.

If you’ve been arrested for a DUI on your horse and you have some questions as to what your up against, feel free to give me a call. We can look at the facts of your particular case, see that the charges are resolved in that case for you.

Do you have questions about DUI? We have the answers and are here for you. Give us a call at The Law Offices of Manuel Barba today.

Can a DUI be a felony?

Can a DUI be a felony?

Many people ask me, can a DUI be a felony? A DUI can be a felony. It really depends on what the circumstances of your DUI. For instance, if you have three prior DUI convictions and this new DUI is a fourth DUI within 10 years, this will be filed as a felony. Under the law, technically it’s what’s called a wobbler which means that the prosecutor does have the option to file it as a misdemeanor but more than likely, they are going to file it as a felony because that’s just what they do. The second way a DUI can be a felony is if you’re involved in an accident and somebody is injured.

The third way is if you’ve been convicted of a prior DUI felony in the past. If that is a case, then this new DUI is going to be filed as a felony just because you had a prior DUI felony. If you have any particular questions or you’re not sure, feel free to give me a call. I’d be more than happy to sit down and talk with you about your specific situation so that you know exactly what you’re up against as far as type of case; whether it’s a felony or a misdemeanor.

If you’ve been accused of a DUI, give The Law Offices of Manuel Barba a call. We can help.