John McCurley

Attorney · University of San Francisco School of Law
How Can I Appeal My DUI Conviction?
Appealing a DUI conviction: A step-by-step explanation of how DUI appeals work. ... READ MORE

Law Enforcement Checkpoints and Roadblocks: Are They Legal?
How Fourth Amendment protections apply to law enforcement roadblocks and checkpoints. ... READ MORE

Three Types of Excessive-Speed Laws: Absolute, Presumed, and Basic
Excessive-speed laws vary by state. But generally, there are three types of speed-limit laws: "absolute," "presumed" (also called "prima facie" or "presumptive"), and "absolute." Find out what the differences are. ... READ MORE

DUI “Hardship” and “Restricted” Licenses: Limitations and Eligibility
When you get your license suspended for a DUI, find out how you might still be able to drive to and from places like work, school, and medical appointments. ... READ MORE

Possessing an Open Container of Alcohol in a Vehicle
In most states, it’s illegal for a driver or passenger to have an open container of alcohol in a vehicle. However, there are a few states that either don’t have open container laws or have open containers laws that apply to drivers but not passengers. This article discusses some of the more common prohibitions, exceptions, and penalties of open container laws. ... READ MORE

Drug DUIs
Driving under the influence is often called “drunk driving.” But it’s also illegal in every state to drive while under the influence of drugs. The DUI laws in all states prohibit driving while actually impaired by drugs. And some states also make it “per se” illegal to drive with a certain concentration of select drugs in your system. ... READ MORE

Ignition Interlock Devices (IIDs) and DUI/DWI Cases
Learn about how DUI ignition interlock devices (IIDs) work and when courts require them. ... READ MORE

Will I Go to Jail for Child Endangerment After My DUI? Could I Lose Custody?
The legal consequences of a DUI can be severe. But being caught driving under the influence with children in the car can make matters a lot worse. In addition to the DUI, the driver could face penalty enhancements and child endangerment charges. And if the driver was the parent of one of the children in the vehicle, child protective services (CPS) might get involved. ... READ MORE

Working With Child Protective Services (CPS) to Regain Custody of Your Children
If a parent’s actions or inactions put their kids at risk of harm, the government has the power to intervene. And when the harm is serious, the government can physically remove the children from parental custody. Learn about working with child protective services to get your kids back in your care. ... READ MORE

Social Host Liability: When Your Guests Drink and Then Drive
If you serve alcohol in your home or some other social setting, you may face legal consequences if one of your guests drives and injures someone, or if a guest is under the legal drinking age of 21. ... READ MORE