Articles Posted in DUI

So say many experts who have studied the U.S. (including California’s) DUI limit of 0.08 percent. The only state that has a lower limit is Utah, which has a 0.05 percent per se limit.

After Utah lowered it limit in 2018, there was a near 20 percent decrease in fatal car crashes according to the National Highway Traffic Safety Administration. Although this decrease in fatal car crashes in Utah continues to be widely reported, The Salt Lake Tribune reports that this trend seen from 2018 and 2019 may have been short-lived. There has been a slight upward trend in Utah road fatalities since, but this may be attributable to a number of factors—then again, so might the decrease seen in 2018 and 2019.

Nevertheless, there is evidence also that some Utah drivers have adjusted their behavior since the enactment of the lower DUI limit. In a focus group conducted by the Utah Department of Public Safety, 22 percent of drivers who drink said they now look for alternative ways to get home after drinking, rather than driving themselves.

As we enter one of the biggest holiday periods in California, it might be time for an important PSA:

DON’T DRINK OR TAKE DRUGS AND DRIVE.

Last July 4th holiday period (June 30 through July 4), over 1,200 drivers were arrested for driving under the influence. Unfortunately, 90 individuals also lost their lives during that period due to alcohol or drug impaired driving. This year we are likely to see higher numbers since the 4th of July holiday period is longer than it was in 2023.

Whether you think this is a good thing or another step towards a “Big Brother” future, there is an effort to make drunk driving detection a standard feature in all new cars.  New technologies allow impaired driving detection through sensors that can monitor the driver’s eye movement as well as touch and breath sensors that detect alcohol. We already have breath sensors (Ignition Interlock Devices (IIDS)) that many who are convicted of drunk driving are required to install. Reportedly there are approximately 250 such technologies which use smell, touch, camera and/or audio or visual detection.  New regulations may mean that in the future all new cars will be required to install some sort of impaired driving device.

Congress has passed a bill that requires the National Highway and Transportation Safety Administration (NHTSA) to issue a regulation by 2026 that all new passenger vehicles include equipment that monitors for impairment of the driver. This does not mean that all 2026 passenger vehicles are going to be equipped with this technology; the 2026 deadline-if it holds-only requires the NHTSA to issue a regulation.

If the vehicle detects impairment, the new cars must include a means for limiting the driver’s further operation of the vehicle. It is not clear by what mechanism the car could limit the operation of the vehicle. The provision terms the requirement “a national safety standard for passive, advanced impaired driving prevention system.” Some fear that there will be a remote-controlled or automatic “kill switch”. This is unfounded but not outside the realm of possibility since the NHSTA hasn’t issued the regulations yet.  Obviously, the car won’t be disabled amidst traffic. But whatever the technology, it will likely be some form of continuous driver monitoring.

If you are convicted on a DUI (driving under the influence of alcohol or drugs) violation in California, you will be required to attend DUI classes as part of your sentence. The court may also order additional terms of your DUI probation such as attending AA meetings or community service. Failure to abide by the terms of your probation order can result in a number of consequences.

Typically, what happens after the court orders probation on a DUI conviction is that the DUI probationer is required to report his or her progress and/or completion of probation terms. Failing to complete any of the terms of DUI probation is considered a violation of probation and can lead to additional penalties. The court may order you pay fines, complete community service, or even send you to jail for violating probation. In reality though, the court will give you a “pass” on the first and even the second violation, depending on the severity of the violation.

The DMV might not be so forgiving.

In California, a first-time driving under the influence (DUI) is a misdemeanor offense. However, there are a few exceptions where even a first time DUI may be charged as a felony.

Under Vehicle Code section 23550.5, subdivision (b) a conviction for a first time DUI within a ten-year period can result in a felony conviction punishable by imprisonment in state prison if the defendant had been previously convicted of gross vehicular manslaughter while intoxicated (Penal Code section 191.5) or vehicular manslaughter (Penal Code section 192.5). While section 191.5 has the element of intoxication, section 192.5 does not. Furthermore, while the DUI statutes generally have a ten-year look back window in prosecuting multiple DUI offenses, section 23550.5(b) does not.

Example: In 2008, Henry, then 18 years old was racing his car in an unlawful exhibition of speed in violation of Vehicle Code section 23109. His vehicle went out of control and broadsided another vehicle killing both occupants in that vehicle. Henry was not intoxicated. He was convicted on two counts of vehicular manslaughter (Penal Code section 192.5). Twelve years later, Henry was arrested for driving under the influence pursuant to Vehicle Code section 23152, subdivisions (a) and (b). It was his first ever DUI arrest. Normally a first time DUI is a misdemeanor and very rarely, if ever, is punished by any jail time at all. But because Henry had a historical conviction of vehicular manslaughter, his DUI was charged as a felony and he faced a potential sentence of imprisonment.

A DUI arrest may surprise the casual drinker. That happened to my client Linda. She is not a big drinker but several years ago she had two glasses of wine while out to dinner. She drank those glasses over the hour-long dinner and thought she was fine to drive. She exited the parking lot onto PCH and got stopped because she failed to use her turn signal. Linda is a small woman and those two glasses of wine put her just over the BAC limit of 0.08%. She was shocked when she got arrested for driving under the influence.

But this post is not about Linda. This post is about most of the DUI clients that come to my office: almost all suffer from alcohol abuse to some degree or another.

Perhaps that is you. And perhaps you have resolved to address your drinking with the new year … as perhaps you have done at the beginning of previous new years. The task may seem overwhelming…how to admit you may have a problem, where to start? For some people, the barrier is the belief that they must quit drinking altogether and that is not something they desire. The prevailing wisdom for many years has been that any alcohol abuse is a sign of alcoholism and the only way to conquer alcoholism is abstinence from alcohol. In recent years, that paradigm is being questioned.