The primary roadside tool used by law enforcement officers in the enforcement of DUI laws is the Preliminary Breath Test (PBT) or Preliminary Alcohol Screening (PAS) breathalyzer device. These small devices can be easily held in one hand. The officer instructs the driver blow into a mouthpiece on the…
When a drunk driver kills someone, he or she is usually charged under the vehicular manslaughter laws. But under certain circumstances, the driver can be charged with 2nd degree murder. Known as a “Watson Murder” charge, this crime gets its name from a California Supreme Court case, People v.…
You know all about drinking responsibly, soon we will be hearing about serving responsibly. Perhaps you recall the tragic incident in San Diego two years ago when a drunken U.S. Marine driving his vehicle on the wrong side of the rode hit a car head on in which two…
The use of roadside sobriety tests (Field Sobriety Tests or FSTs) for the detection of marijuana influence in drivers is not supported by current research and studies. The Massachusetts Supreme Court recognized this in a recent decision concerning an officer’s testimony on an alleged marijuana-influenced driver’s FST performance. The…
A couple of weeks ago, a complaint was filed in the United States District Court (for the Northern District of Georgia) alleging that the three complainants were subject to a violation of their Fourth Amendment rights when they were arrested and held in jail cells for hours all because a…
I recently wrote about individuals who work in criminal justice—and who should know better—getting DUIs. Today I read a tragic news story today about an off-duty Los Angeles police officer causing a crash that killed three people; the officer is suspected of driving drunk. The crash happened in Riverside…
DUIs are unfortunately routine in the Orange County courts. Usually the offender is punished with license suspension and probation and required to attend DUI education classes. But DUIs are often a symptom of a deeper problem. Two alternative courts in Orange County attempt to address the root causes of…
EVEN POLICE OFFICERS, DISTRICT ATTORNEYS, AND JUDGES GET ARRESTED FOR DUI How can we explain all the people who should know better getting DUIs? Never mind the average driver, who should know better, what about the cops, the firefighters, the attorneys, even the judges who get DUIs. It happens…
IF YOU ARE HIGH, DON’T DRIVE Driving under the influence of marijuana is an evolving subject of concern to safety experts and law enforcement. Last week I wrote about the difficulties California and other states are having establishing at what levels marijuana use presents a driving risk and how those…
Even though recreational use of marijuana is now legal in California, it is still unlawful to drive its influence. (Vehicle Code §23152(f).) While the “per se” law makes a driver presumptively “under the influence” of alcohol at 0.08% BAC, how does the law define a driver under the influence…