Articles Posted in DUI

You would have to have been living under a rock to not have heard about the most recent celebrity arrest. It has been all over the news and Internet that Justin Bieber was arrested for driving while under the influence of prescription drugs and alcohol, as well as drag racing. Later reports indicated that Justin’s blood alcohol level was under the legal limit however, the legal limit being referred to applies to those 21 years and older. Because he is under the age of 21, there is no limit under which he can drive. There is a “Zero Tolerance” policy when it comes to drinking and driving under the age of 21. So, Justin not only faces the typical consequences that come with these types of charges, if convicted he will lose his driver’s license for one year.

Typically, a conviction for these types of charges would result in mandatory alcohol classes, attending Mothers Against Drunk Drivers or MADD panel, maybe attending AA meetings and a loss of his driving privilege. There are also fees and fines that would be ordered if convicted. However, in Justin’s situation, it has been alleged that he admitted to smoking marijuana prior to driving and therefore may be required to attend some sort of drug rehab.

Depending on what the actual charges end up being, his defense attorney will no doubt look at challenging the stop in the first place. There are reports that he was drag racing and this is why he was pulled over. However, there are conflicting reports that he was not racing and was in fact driving the speed limit. Because we live in a world of camera/video phones, apparently there is video of some of the incident. If Justin’s attorney is successful in proving that he was not racing or speeding, this could cause the case to be dismissed altogether. Why? Because police must have reasonable cause to pull him over in the first place. Some might argue that he was pulled over simply because he was driving a yellow Lamborghini in the early morning hours. Without reasonable cause to pull him over, the stop was not legal and therefore, anything after that is legally irrelevant.

Orange County law enforcement was once again out in full force over the holiday season. The Winter Holiday DUI Campaign, also referred to as DUI Saturation Patrols, resulted in 862 arrests for driving under the influence of drugs and/or alcohol. This is number is down from the reported 971 arrested last year. However, the final numbers for this year are not in yet. The DUI Campaign involved 38 County law enforcement agencies.

The “Avoid the 38” DUI Campaign, which it is also referred to as, began December 13, 2013 through midnight on January 1, 2014. This included sobriety checkpoints, special saturation patrols and routine patrols. Click on the link to learn about the rules and guidelines associated with DUI Check Points.

Although there are standard fees, fines and punishments for a conviction for DUI but law enforcement must also follow strict rules when stopping, detaining and ultimately arresting someone for DUI. This is why consulting with an attorney is so important if you have been arrested for driving under the influence. Because the consequences of such a conviction can have a negative effect on one’s life, anything that can be done to minimize the ultimate conviction and consequences can make a big difference.

The OC Crime Lab is a nationally recognized leader in the forensic science community and provides all law enforcement agencies in Orange County with services for the recognition, collection and evaluation of physical evidence from crime scenes. It is credited with being the only “full-service, internationally accredited laboratory” that provides forensic analyses to all law enforcement and fire protection agencies within Orange County.

So, when it was discovered that an error in the lab resulted in inaccurate blood alcohol readings, it was quite shocking to the legal community as lab results are seldom questioned.

Apparently, an audit of the crime lab resulted in hundreds of test results being questioned and has resulted in at least 900 letters to the individuals affected by the error.

One of the most frequent questions posed to me during a consultation is “what is this going to cost me?” While my fees are based upon the type of case and the underlying facts, there are numerous other associated costs with drinking and driving.

The simple fact is this: Almost all adult drivers have had alcohol at some point during the same day they drove a car. We are notoriously poor at judging our level of intoxication (almost all my clients tell me they did “really well” on the field sobriety tests) and end up behind the wheel when maybe it wasn’t such a good idea.

So we maybe feel relaxed, loose, a little “buzzed” and ok to drive. I even had a former colleague tell me he drove better after a drink! While that is embarrassing to hear, it’s understandable. One drink usually loosens us up, makes us a bit less inhibited. But it still creates a risk for the driver and all around him. That risk climbs almost exponentially the more the driver drinks. So what about the fines, assuming you don’t kill or hurt someone?

Anyone can have their conviction for DUI expunged as long as they were placed on probation and have successfully completed their probation. When we say, “successfully completed their probation”, for purposes of expungement, this means that you have completed your probation without any probation violations. In a case where your probation has been completed but you had a probation violation, the judge has the discretion of whether or not to grant the expungement. If the probation violation was something minor, like forgetting to make a payment, the judge will usually grant the expungement. However, if the violation was more serious then the judge may exercise his discretion and deny the petition. So, what this means is that even if you have completed your probationary period, the judge may not grant the petition for expungement if during your probationary period you violated your probation. Some of the more serious violation that may prevent an expungement from being granted might be a conviction of driving on a suspended license or being arrested on another misdemeanor or felony matter while on probation for your original DUI conviction.

The good news is that if the judge denies your petition for expungement, you may, at a later date, again petition the court for an expungement of your conviction for DUI. If enough time has passed, and you have no arrests or new convictions, the chances of getting your case expunged are much higher. In this situation, you would need to consult with an attorney to discuss the type of violation and get an opinion from that attorney as to whether or not they believe you may be successful. There is no guarantee, and an attorney will not be able to say with 100% certainty whether or not you will be successful, but an attorney who has had experience expunging DUI convictions will have a pretty good idea of whether or not you will be successful.

So what affect does an expungement have on your record? Most people believe that once your case has been expunged, it simply disappears from your record. This is not the case. When expunging a conviction of any kind including a DUI conviction, rather than your case showing up as a conviction for DUI and a plea of guilty, the case will show, a plea of not guilty and the case dismissed.

So here is a detailed explanation of how it works: Your attorney will file a Petition for Expungement with the Court. A Judge will review the Petition and if it is granted, you withdraw your guilty plea, re-enter a plea of not guilty and your case is dismissed.

For most people, the benefit of having your conviction expunged is for employment purposes. Once your case is expunged, your employer or perspective employer cannot use your conviction when deciding whether or not to hire or promote you. Also, you no longer have to admit to the conviction on a job application. However, there is an exception to this. The obligation to disclose or not disclose your conviction does not apply when it comes to state licensing or to teachers. The licensing board may use your conviction when determining whether or not to grant or renew your license.

Anyone who has a conviction for DUI, or any misdemeanor conviction for that matter, should consult with an attorney to determine whether or not they are a candidate for an expungement. There are definite benefits and could make the difference is being hired or promoted within your current job.

Continue reading →

Orange County law enforcement agencies have been aggressively tackling the DUI problem for several years now, pushing for more saturation and grants for DUI checkpoints. Officers on foot patrol have also been put in place in an effort to, according to officials, help intoxicated individuals get rides home.

According to the Office of Traffic and Safety, in 2011 Huntington Beach was number 1 out of 56 California Cities, with alcohol-related collisions. More recently, The State Office of Traffic and Safety has once again released information suggesting that Huntington Beach has the most alcohol-related crashes in California.

The Huntington Beach Police Department has complained that there is one bar in particular being linked to excessive drunk driving arrests. According to authorities, within a 22- month period, 72 individuals were arrested for driving under the influence after leaving this particular bar. There are two other bars in Huntington Beach that come in second and third as being linked to the most arrests for DUI in Orange County.

Obviously, these particular establishments are being watched by law enforcement agencies. There are officers who are trained as DUI specialists, trained to seek out drivers who are drinking and driving. So if they know that a particular bar has been linked to several dui related accidents that is where they will be waiting and watching.

Other top ranking cities were Costa Mesa, City of Orange, Fullerton, Mission Viejo, Irvine and Garden Grove. In 2010, Huntington Beach was ranked at number 16 and Santa Ana was the top ranked Orange County City at number 8. Newport Beach and Fullerton were also mentioned in the ranking.

All Orange County law enforcement agencies beef up their DUI campaigns during the holidays. This year, during the 4th of July holiday, the “Avoid the 38″ crackdown on DUI was expanded from Wednesday through Sunday, because the Fourth of July fell on a Thursday. This resulted in 240 arrests for being made for allegedly driving under the influence. The “Avoid the 38” name refers to the 38 law enforcement agencies in Orange County.

In other counties, such as Sacramento, law enforcement agencies have begun sending under cover officers into bars, posing as patrons, and looking for people who appear to be intoxicated. They follow them out to their car, and once they get in and drive away, they call officers who are waiting in marked police cars and give them the description of the vehicle and the individual. The officers in the marked cars then locate the car and proceed to pull them over and arrest them.

Whether it is a DUI checkpoint or a roving patrol, there is no doubt that arresting officers make mistakes. Breathalyzers and field sobriety tests are unreliable in that the breathalyzers results are easily manipulated and the field sobriety tests are strictly subjective. Although the officers who conduct the roving saturation patrols are “trained to look for signs of impairment”, they are not experts; they are human beings capable of making mistakes and misjudging.

Anyone who has been arrested for a DUI should contact an experienced DUI Defense Attorney. A good Orange County Criminal Defense Attorney, specializing in DUI’s will examine the stop, the tests administered and the details surrounding the arrest to determine whether or not the arresting agency followed proper procedures.

Continue reading →

Driving Under the Influence or DUI is considered a serious offense in California and the Prosecution pursues the penalties and punishments seriously. Orange County specifically is extremely strict when it comes to prosecuting those charged with this offense. Recent statistics have shown that there are approximately 13,000 DUI arrests per year in Orange County alone.

When I meet with clients who are facing a possible conviction for driving under the influence, I am extremely aware of the fact that a conviction for DUI can carry long lasting effects on a person’s life. This is why I always advise anyone who contacts me for advice to hire an experienced DUI defense attorney. My goal is always to make every effort to have the charges reduced and/or dismissed. A key factor in my success has been that I am familiar with all of the Courts in Orange County; I have a good relationship with the Judges, District Attorneys, and Court Clerks. I have developed these relationships over the past 20 plus years practicing criminal defense law in Orange County, California. These positive and mutually respectful relationships can often times influence a positive outcome and ensure the best possible result.

DUI, or driving under the influence, charges are typically charged as misdemeanors. However, some DUI’s can be charged as felonies. A DUI that is charged as a Felony usually involves DUI manslaughter; DUI causing serious injury; 3rd DUI conviction within 10 years; and 4th DUI conviction at any time. Drunk drivers who cause injury, or DUI with injury is sometimes referred to as a “wobbler” charge, which means that it can be charged as either a felony or misdemeanor. However, prosecutors typically pursue the charge that carries the most punishment. In this type of situation, my experience has given me the tools and knowledge that is necessary to determine whether there is a possibility of having a felony charge reduced to a misdemeanor.

A conviction for felony DUI carries a much more serious punishment than a misdemeanor DUI. A misdemeanor first offense DUI can be punishable by up to six months in the county jail, whereas a felony DUI can carry a year or more in state prison sentence.

My first priority is always to look closely at the police report and at the conduct of the investigating officers. Specifically, any misconduct or violation of rights must be taken into consideration. Further, if a field sobriety test was performed, and this is what the arrest was based on, it should be challenged due to the fact that field sobriety tests are subjective, basically the opinion of the officer performing the test. If a roadside Breathalyzer is used, this must also be looked at carefully as the results are unreliable and there are too many ways to skew the results.

The law does require that anyone being arrested for suspicion of DUI must take a chemical test. Blood or breath, at the police station, are the two choices. However, there is no legal obligation for anyone to perform a field sobriety test or roadside, handheld breath test. If a breath test was used at the police station, the maintenance logs of the breath machine need to be examined. If blood was taken, the attorney may want to employ the services of an expert to perform a “Blood Split”, which can help determine the blood alcohol level at the time of the stop rather than at the time the blood was taken. This can sometimes result in a lower blood alcohol level.

Anyone who has been arrested for DUI, Driving Under the Influence or Drunk Driving, needs an attorney who is skilled and will gather the appropriate evidence, know how to use it intelligently and efficiently, and render the best possible outcome.

Continue reading →

As the summer approaches, students head home from college and that California fun in the sun state of mind sets in, Orange County law enforcement agencies are gearing up for one of the busiest DUI seasons.

In an effort to crackdown on impaired drivers, the Santa Ana Police Department will begin their summer campaign. This actually doesn’t really end until after Labor Day. Saturation Patrols and DUI Checkpoints will be utilized to apprehend drivers who are driving under the influence of alcohol and/or drugs.

DUI Roving Saturation Patrols and DUI Checkpoints are now regularly used tools in the Sheriff’s Department’s efforts to crack down on drunk drivers. However, law enforcement officials believe that roving patrols are more effective than DUI checkpoints. The deputies working the roving patrols are trained specifically to identify impaired or intoxicated drivers and look specifically for signs of impairment. The California Office of Traffic Safety funds these roving patrols.

DUI Checkpoints, also known as, Sobriety Checkpoints, are roadblocks, set up temporarily on public streets, to catch drunk drivers and to cite others for Vehicle Code violations. The police departments conducting these checkpoints must adhere to strict guidelines, which have been established by the Courts. Anyone who is arrested for DUI, at a sobriety checkpoint, should contact an experienced DUI attorney to determine whether the checkpoint was conducted according to the guidelines. If the police department conducting the checkpoint did not follow the guidelines properly, the checkpoint is determined to be unlawful and any evidence obtained during the arrest may not be admissible in Court.

What Are The Guidelines For Conducting a DUI Checkpoint?

1) The establishment and location of the checkpoints must be decided by supervisory police officers, not officers in the field;
2) Police must use a neutral mathematical formula, such as every driver or every third, fifth, or tenth driver to determine who to stop;
3) Proper lighting, warning signs and signals, and clearly identifiable official vehicles are required;
4) The location chosen must be most effective in actually stopping drunk drivers, such as roads which have a high incidence of alcohol-related accidents and arrests;
5) The time and duration of sobriety checkpoints are also important;
6) High visibility is required so that the drivers can easily see the nature of the roadblock as they are approaching;
7) Each motorist stopped should be detained only long enough for the officer to question the driver briefly and to look for signs of intoxication; and
8) Sobriety checkpoints must be announced to the public in advance.

Most people don’t know that you may avoid a checkpoint, if you come upon one. You may choose to turn and go around the checkpoint rather than going through it. The Supreme Court has ruled that motorists who want to avoid a roadblock may do so and not be subjected to being detained merely because they attempted to avoid the roadblock. The motorist must have committed a vehicle code violation or displayed obvious signs of intoxication for there to be probable cause to pull the motorist over.

Anyone who is arrested at a DUI checkpoint in Orange County should contact an experienced DUI Criminal Defense Attorney to determine whether or not their Fourth Amendment rights against unreasonable searches and seizures, were violated.

Continue reading →

If you have been arrested for driving under the influence in Orange County, there are two separate proceedings that are triggered by the arrest. One is the court proceeding and the other is the Department of Motor Vehicles suspension hearing. These proceedings and hearings are independent of each other and each has their own set of rules.

Once arrested, the arresting officer will take your drivers license away and issue you a temporary license. The temporary license is good for 30 days and provides important information. One very important piece of information is that you have only 10 days from the date you are arrested to request an Administrative Per Se Hearing with the Department of Motor Vehicles. The hearing will be scheduled approximately 30 to 60 days out and your driving privilege is then extended until after the hearing and a decision has been made. You have a right to have an attorney represent you at the DMV hearing, as well as throughout the Court process.

The benefit of having an attorney represent you in both the DMV hearing as well as the Court hearing is that, an experienced DUI defense attorney will be familiar with the laws associated with the stop, detention and tests associated with an arrest for driving under the influence. Police reports can reveal very important information about the stop and ultimate arrest that may be beneficial to the defense of a driving under the influence charge. Police Officers have strict guidelines as to the procedures they must follow when stopping and questioning someone for DUI. If the report is not properly documented or there are inconsistencies, an experienced DUI defense lawyer will use these inconsistencies or errors in an attempt to have the case dismissed.