The Law Office of Clint Parish The Law Office of Clint Parish 2026-10-17T19:44:08Z https://www.clintonparish.com/feed/atom/ WordPress /wp-content/uploads/sites/1605336/2026/02/cropped-CP_FAV-32x32.png On Behalf of The Law Office of Clint Parish <![CDATA[Why you could be charged with DUI the morning after drinking]]> https://www.clintonparish.com/?p=47735 2026-10-17T19:44:08Z 2026-10-17T19:44:08Z The average rate of BAC decline To begin with, the average rate at which your blood alcohol concentration (BAC) declines is just 0.015 per hour. If someone does not sleep long enough, they could still have a positive result if they take a breath test. For example, a college student may stay up late drinking at a party, catch a few hours of sleep and then get up for an early morning class. Even though they went to sleep, they could still fail a breath test on the way to school.

Your BAC does not decline immediately

Additionally, a person's BAC generally peaks about 30 to 120 minutes after they stop drinking. If someone knows they have an elevated BAC and will need eight hours before it returns to zero, for example, they may believe that clock starts as soon as they go to bed. But if they had a final drink before going to sleep, their BAC may still be climbing. Understanding how the body processes alcohol helps to show some of the risks of a next-day DUI. If you are facing charges, be sure you know what legal defense options you have.]]> On Behalf of The Law Office of Clint Parish <![CDATA[Who will be arrested if there are mutual injuries?]]> https://www.clintonparish.com/?p=47733 2026-10-03T20:36:42Z 2026-10-03T20:36:42Z Some domestic violence cases are fairly straightforward. The police arrive and only one person is injured, showing that they are the victim and the other person is the aggressor. But there are other situations in which police arrive to find that each person has their own injuries. It is clear that a physical altercation took place, and both people have cuts and lacerations, broken bones, bruising or other issues. When these mutual injuries exist, how do the police determine who to arrest?

The dominant aggressor

There are some cases in which dual arrests will take place. These are not prohibited, so they are possible when necessary. However, police policies tend to discourage them. Instead, police officers are often asked to determine who was the “dominant aggressor” in the incident. This does not always mean the person who was the first aggressor. But it usually means the person who was the most significant when it came to exhibiting aggression toward the other – and causing physical harm. The goal of these laws is to protect people who are themselves the victims of domestic violence. But the nuance can make things a bit complicated. For example, due to the nature of the injuries, the police could determine that someone is the dominant aggressor and arrest them. But that person may contest that they did not want to be involved in a physical altercation to begin with. The other person attacked them, and they simply defended themselves. This defense did lead to injuries to the other individual, but they do not believe they have done anything wrong, as they do have a right to use self-defense. Since the police are making judgment calls on the scene, and because the law includes this type of nuance, it is very important for those who have been arrested on domestic violence charges to understand all of their defense options.  ]]> On Behalf of The Law Office of Clint Parish <![CDATA[Can you avoid a DUI checkpoint?]]> https://www.clintonparish.com/?p=47730 2026-09-22T06:30:33Z 2026-09-22T06:30:33Z Yes, you can avoid a DUI checkpoint or a sobriety checkpoint. You are not required to drive through the checkpoint simply because it exists. In fact, in California, law enforcement is required to announce in advance where they are going to set up a sobriety checkpoint. Drivers who read these announcements and who feel uncomfortable with going through a checkpoint, even if they are completely sober, will simply avoid driving in that area. They are given forewarning, and so the checkpoint should not come as a surprise.

You must make legal maneuvers

But even if you discover a checkpoint that you did not know existed, you can still avoid it. It is not illegal to do so. The police cannot pull you over for avoiding the checkpoint or taking a different route. The big thing to remember is that all of your driving maneuvers need to be legal. You cannot break the law, and you should not do anything that gives the police a reason to pull over your car. For example, if you approach the checkpoint, signal appropriately, make a right-hand turn and proceed on a side street, you have done nothing wrong. Conversely, if you stop in the middle of the road, consider your options and then perform an illegal U-turn to head the other direction, the police will likely pull you over.

Defense options after impaired driving charges

Whether you have been pulled over or gone through a sobriety checkpoint, you could find yourself facing impaired driving charges. Make sure that you know about all of the legal defense options at your disposal.]]> On Behalf of The Law Office of Clint Parish <![CDATA[Can you get a DUI if the car is not moving?]]> https://www.clintonparish.com/?p=47728 2026-09-05T20:40:33Z 2026-09-05T20:40:33Z In many states, you can face DUI charges even when the car is not moving. States use a standard of “actual physical control.” A person who is sitting in the front seat of a car with the keys in the ignition, for example, can be said to be in control of the car, even if it is not moving at the time. However, California uses a different standard. The state needs to see “volitional movement of the vehicle.”

2 key details regarding DUI charges

The first thing to keep in mind is that the amount of movement does not have to be significant. Many people imagine getting pulled over while driving down the interstate, for example, and that certainly is how a lot of DUI arrests happen. But someone could also face charges for something as simple as moving their car within a parking lot, if a police officer sees this movement and determines that they were impaired. Additionally, the police can sometimes assume that this movement recently happened. If a person has stopped on the shoulder of the interstate, for example, their car is technically not moving. But it is clear from the position of the vehicle, the warmth of the engine, the flow of traffic and other key details that this person was just driving that car. They could still face DUI charges, even though the vehicle is not technically in motion when the police officer first sees them. A DUI charge can have a major impact on your life, leading to a license suspension, incarceration, financial fines and other ramifications. Be sure you know what legal defense options you have.  ]]> On Behalf of The Law Office of Clint Parish <![CDATA[Domestic violence defense: The impact of excited utterances]]> https://www.clintonparish.com/?p=47727 2026-08-25T21:24:03Z 2026-08-25T21:24:03Z How excited utterances are admitted as evidence Courts allow excited utterances under a hearsay exception. The idea is that a person under intense stress has little time to fabricate details (for example, if someone calling 911 says that their attacker has a gun). Law enforcement often relies on such statements when responding to domestic violence calls. Although the rule is well established, each case requires a careful look at the circumstances surrounding the statement. Excited utterances can come from anyone, including a defendant, an alleged victim or a witness. Courts focus on whether the speaker was reacting to a startling event while under stress -- not their role in the case.

When excited utterances may be unreliable

There are multiple reasons why an excited utterance may not reflect what actually happened. For example:
  • Stress can distort perception.
  • Substances can affect memory.
  • Confusion can lead to inaccurate details.
  • Fear can cause exaggeration.
This means that a statement made during a chaotic moment is not always dependable. A thorough review of the incident helps determine whether the statement deserves weight.

Challenging excited utterances

A defense representative can use different strategies to question excited utterances, including:
  • Examining the time gap between the event and the statement
  • Reviewing body camera footage for inconsistencies
  • Assessing whether the speaker was calm enough to reflect
  • Comparing the statement with later accounts
When evidence shows that the speaker had time to think or communicate in a planned and measured way, the statement may lose its protected status. This can help defendants better demonstrate what really happened during the alleged incident.]]> On Behalf of The Law Office of Clint Parish <![CDATA[Challenging breathalyzer calibration and maintenance records]]> https://www.clintonparish.com/?p=47720 2026-08-11T18:43:46Z 2026-08-11T18:43:46Z How calibration problems affect breath test accuracy Breath test devices require regular calibration to provide accurate readings. A device that is overdue for calibration may produce inflated results. Various issues can arise when calibration is not completed on schedule, including the following:
  • The device may fail to convert breath samples into a precise BAC value.
  • Normal use and environmental changes can shift baseline accuracy over time.
  • The result may be over 0.08% even when a person’s actual BAC is lower.
A careful review of calibration logs can reveal gaps that strengthen your defense strategy.

Why maintenance records matter in DUI cases

A breathalyzer's maintenance records show whether the device has been inspected and repaired as required. A device that has unresolved mechanical issues may not measure alcohol levels correctly. Common issues involving poor maintenance include:
  • Damaged sensors
  • Software errors
  • Inconsistent performance reports
A complete maintenance history helps determine whether the device was functioning properly during your test. Since breath test results are only as reliable as the device and the process used to obtain them, you have the right to investigate their accuracy. Steady support can help determine if the breathalyzer results that lead to the arrest are accurate and were performed correctly.]]> On Behalf of The Law Office of Clint Parish <![CDATA[Why doesn’t everyone’s BAC change at the same rate?]]> https://www.clintonparish.com/?p=47718 2026-08-06T23:02:54Z 2026-08-06T23:02:54Z Everyone’s body is different Body size is one factor that can make a difference. A larger person is likely to be less affected by a particular quantity of alcohol than someone smaller, because there is more water in their body to dilute the alcohol they drink. Gender can also make a difference. Male bodies contain more of the enzymes that break down alcohol than female bodies do, so men can generally process alcohol quicker.

Other factors

You and your friends likely started your first drink at a different point. Maybe one of you still had alcohol in their system from the previous night. Meanwhile, one of you hadn’t had a drink all month. Maybe one of you is slower to process alcohol because their liver is in poor condition. Medication is another factor that can affect BAC. A person’s liver may be processing one or more drugs. Therefore, it’s slower to process alcohol in that moment compared to a person who is not taking any medications. Trying to estimate whether you are below the legal BAC limit to drive is fraught with risk. If you miscalculated and were charged with DUI, it is important to explore your defense options, as a conviction can have lifelong consequences.]]> On Behalf of The Law Office of Clint Parish <![CDATA[Can a domestic violence charge cause you to lose your job?]]> https://www.clintonparish.com/?p=47717 2026-07-24T17:48:00Z 2026-07-24T17:48:00Z An arrest and a conviction do not create the same risk No. A pending charge and a conviction do not affect employment in the same way, but both can create problems at work. An employer may react to an arrest, a protective order or allegations involving workplace conduct before the criminal case ends. A conviction usually carries more serious consequences because it may lead to disciplinary action, suspension, loss of duties or termination. California Labor Code Section 432.7 generally limits how an employer can use certain arrest records that did not result in a conviction. These protections do not eliminate the risk, but they may influence how an employer could use the pending case during hiring or disciplinary decisions.

Which jobs face the greatest risk?

Some jobs face more risk because the work depends on a professional license, a government clearance or the legal ability to carry a firearm. A domestic violence case may create a greater risk for people in healthcare, public administration, security and other regulated work. A protective order, licensing review or firearms restriction may restrict an employee’s ability to perform the required duties even while the criminal case is still pending.

Job duties and legal restrictions can shape the outcome

Job loss does not depend on the charge alone. Employers may look at whether reporting rules apply and whether the case affects job duties or public trust. Protective orders, plea terms and the final court result may also affect how an employer or licensing board responds later. The case may also trigger broader domestic violence defense issues that affect work, licensing and future opportunities long after the criminal case ends. The case may also start affecting work in practical ways, including missed shifts, internal reviews and future job applications. Working with a lawyer early may help you challenge the allegations, reduce or eliminate the charges and limit problems that continue after the court case ends.]]> On Behalf of The Law Office of Clint Parish <![CDATA[Can you face an alcohol-related charge as a passenger?]]> https://www.clintonparish.com/?p=47716 2026-07-07T07:52:51Z 2026-07-07T07:52:51Z Driving under the influence (DUI) of alcohol or other drugs is a charge that usually affects drivers who are caught operating a vehicle while impaired. However, cases of passengers getting into trouble after the police stop a car for suspected impaired driving are commonly reported. Some circumstances can result in such a situation. Here is what to know:

DUI charge

A passenger under the influence of alcohol can face a DUI charge if there is evidence that they exercised physical control of the vehicle. For instance, if they reach over to help steer the vehicle or were actually driving the car but switched seats with a passenger. Dashcam/bodycam footage or footage from traffic cameras can show if a passenger touched the steering wheel or swapped seats.  Moreover, if an officer suspects the person in the driver’s seat was not the one driving earlier, they may arrest everyone in the car. For example, they may look at whether the driver’s seat is positioned correctly for the person caught behind the wheel, check if the passenger is wearing a seat belt that is twisted or get witness statements to support that the vehicle’s occupants switched seats.

The open container law

In California, it’s illegal to drink alcohol while driving or riding as a passenger in a vehicle. You can also get into legal trouble as a passenger caught in a car with a container containing alcohol that has been opened, has a broken seal or has had its contents partially removed. The state requires an open container to be kept in the trunk or a place where passengers do not sit.  It’s possible to face a charge related to alcohol when you are a passenger. Nonetheless, the police have to prove certain factors for you to be convicted. Get more information about your defense options to protect yourself.    ]]> On Behalf of The Law Office of Clint Parish <![CDATA[Can recorded conversations serve as proof of domestic violence?]]> https://www.clintonparish.com/?p=47709 2026-06-20T14:09:05Z 2026-06-20T14:09:05Z California has a two-party consent law Recording people without their consent is an invasion of privacy. California requires that everyone present be aware of an attempt to record for the recording to be legal. If spouses or housemates previously agreed to install security cameras in their home, the video footage or audio recordings captured during a conflict could be admissible evidence if one party faces domestic violence charges. However, hidden recordings made by secret cameras or mobile devices may not be admissible evidence during criminal proceedings. A defense attorney may be able to suppress recordings made without the knowledge or consent of one of the people involved. In some cases, inappropriate recording could open the person making the accusations up to civil litigation or even criminal prosecution. Reviewing the evidence that the state intends to present during a trial – with the assistance of a skilled legal team – can help domestic violence defendants strategize before their day in court. Evidence suppression can reduce the likelihood of a domestic violence conviction when the state’s case depends on hidden recordings.]]>