Articles Posted in DUI

Last week I discuss a hypothetical, but realistic, scenario where our driver, Dave, hit a neighbor’s car on the way home after enjoying an afternoon barbeque with friends. Dave had had a few beers so he worried that if he stopped and reported the accident, he might also end up with a DUI.I wouldn’t advise anyone to do what Dave did, but he decided to drive home and avoid the consequences.

Unfortunately for Dave, his neighbor, Millicent, witnessed Dave backing up and driving off after he hit the car. When she saw the damage done to the car and believing she recognized Dave as the culprit, she called the police. When the police arrive, Dave runs upstairs and his wife answered the door. She denied any knowledge of the accident even though there was damage to their car now parked in their driveway that was consistent with the neighbor’s report. Dave’s wife even went so far in her attempts to protect her husband to say that she had just brought the car home after running errands. She denied the police request to search the house. The police, believing that Dave was inside, searched anyway and found Dave. Dave was arrested and later charged with DUI, hit and run, evading arrest, and DUI test refusal. Dave might be in trouble… or maybe not.

If the search of Dave’s house without an arrest was unlawful, the evidence obtained subsequent to the arrest must be suppressed. If the evidence is suppressed, there is no case against him. (The hit and run might survive but the other charges would not.) Was the search unlawful?

Alcohol addiction afflicts many individuals and no doubt, is one of the main factors in many DUIs. But what about marijuana? Is marijuana also addictive? Now that recreational marijuana is legal in California, will we start seeing an increasing number of multiple driving under the influence of marijuana offenders and an increasing number of crashes caused by marijuana-influenced drivers?

According to the National Institute on Drug Abuse (NIH), a person with “marijuana use disorder” uses marijuana frequently and often experiences withdrawal symptoms if he or she stops using the drug. This disorder, according to NIH, afflicts approximately 30 percent of those who are marijuana users. Some individuals with Marijuana Use Disorder cannot stop using the drug; these individuals become addicted to marijuana. The NIH reports that approximately 9 percent of marijuana users will become addicted. In 2015, approximately 40 million people in the United States have marijuana use disorder. Extrapolating from that number, there are approximately 432,000 individuals addicted to marijuana in California. (This is a rough estimate.) Of course, this number pales in comparison to the estimates of the number of alcoholics in California— approximately 5 million—but now that the use of recreational marijuana is legal, it is reasonable to suspect that more Californians will find themselves addicted to the drug?

We have no doubt that alcohol impairs a person’s ability to drive safely, but there are conflicting studies regarding the effects of marijuana use on driving ability.  However, the potency of marijuana has been steadily strengthening over the years, foreboding the possibility of not only more addicts but increasingly dangerous effects on the ability of a high driver to drive safely.

Driving under the influence is most commonly associated with younger drivers under the influence of alcohol, but if you are a regular reader of this blog, you know that unlawful DUI includes not only driving under the influence of alcohol but also driving under the influence of drugs, both legal drugs (including prescription drugs) and illegal drugs. Driving under the influence of drugs is becoming an increasingly dangerous occurrence on our roads and highways. According to the Center for Disease Control and Prevention (CDC) drugs (legal and illegal) account for 16% of all motor vehicle crashes. The National Institute of Drug Abuse (NIDA) estimates that 11% of fatal vehicle crashes involved a driver under the influence of a drug or drugs.

With our aging population, another fact must be addressed: older adults are more likely to be taking prescription drugs that may affect their ability to drive safely. This is a sensitive topic that hasn’t received much attention. The NIDA cited a study that found more than one-quarter of drugged drivers involved in fatal crashes were over the age of 50.   As the NIDA observed: coupled with mental decline and the slowdown in the ability of an older adult’s system to process drugs, the use of prescription drugs can lead to the unintended driving under the influence by older adults.

And just because the drug is prescribed does not mean the older driver can’t be arrested for a DUI. This is especially true if the driver causes an accident or worse.

WHOA COWBOY; YOU CAN’T RIDE YOUR HORSE DRUNK DOWN THE 91 FREEWAY.

Being arrested for driving under the influence doesn’t always happen when are driving a car. As I previously discussed, you can get a DUI while driving a golf cart, riding a bike, or operating a boat or jet skis. Here’s a new one: Riding a horse while under the influence.

Yes, indeed. This past weekend, a man on a white horse was arrested for riding his horse on the 91 Freeway. Riding a horse down the freeway is unlawful enough, but this knight on his white horse was suspected of being drunk, very drunk. His initial blood alcohol screening registered a .021% BAC.

DUI School

When a driver is convicted on a DUI, his or her term of probation will include a requirement to complete a DUI program. On a typical first-time conviction, the driver will be required to complete a 3- to 4-month, 30-hour program. In some instances, the court may order a shorter program of 12 hours if the offense was reduced to a “wet reckless” or for other reasons, such as a conviction on a below .08% BAC. However, if the driver’s BAC was over .19% or if there were extenuating circumstances, such as reckless driving or an accident coincident to the DUI, the court may order a 6-month, 42-hour program or even a 9-month, 56-hour program.

In straight DUI conviction, without enhancements, the 6-month and 9-month programs are generally ordered only on a second or third DUI (within ten years). A driver convicted of a third (or more) DUI within ten years will be ordered to complete an 18-month, 64-hour program or even a 30-month DUI program.

A while back, I wrote a piece on my criminal website blog about donkeys serving time in jail. Now, we have a dog arresting a DUI suspect…. Well, sort of.

Last week, police attempted to stop a suspected DUI driver in Orange County. The police had been alerted because they received reports that the driver had hit a trash bin. The driver made the poor decision to keep on driving, entering the 55 freeway then driving onto the 91 before exiting. At some point he stopped, but by now this had become a full-on police action, with a K-9 unit and even a SWAT team called in.

A stand-off ensued but after 4 ½ hours, it was the police dog who took down the recalcitrant DUI suspect. Reportedly, when the suspect came to a stop, surrounded by police vehicles, he made threats to harm the officers. The suspect apparently had mixed feelings as he kept opening and closing his car door. This gave the police dog an opportunity to move in. The dog took multiple punches from the suspect but just kept at him. This allowed the police to move in and taser the suspect. The suspect was arrested and taken in an ambulance where he was being treated for dog bites. The police report he was suspected of driving under the influence of drugs but did not give any more information.

IT WAS MY CAR’S FAULT

It was sure to come soon. A San Francisco driver was arrested for DUI last week after he was found sleeping behind the wheel of his stalled Tesla smack dab in the middle of the Bay Bridge. The driver pleaded his innocence to the officers on the basis that his Tesla Model S was on autopilot. Nope, not so fast—at least for now. While the “self-driving” ability of the vehicle may have caused the driver to believe he could use the car as his “designated driver” or at least use that as an excuse when the cops found him, the Tesla isn’t yet ready for prime-time self-driving capabilities. For now, the self-driving cars have all the driver controls and requires an alert driver in control of the vehicle, even if it is presumably driving itself.

But this poses an interesting question that law makers will have to address in the near future when self-driving cars really are self-driving with no driver required. Yes, that is coming.

THE HOLIDAY SEASON SAW AN ALARMING INCREASE IN DUIs

While promising trends suggest a declining number of drivers are getting behind the wheel while under the influence, statistics from this past holiday season may be cause for concern. The holiday season of 2017 saw a substantial increase in the number of drivers arrested by the CHP for driving under the influence as compared to the 2016 season. Statewide, arrests for DUI were up almost 20% over the prior year during the Thanksgiving holiday and up 30% during the Christmas holiday. The New Year’s holiday weekend continued the trend with a 22% increase in drunk driving arrests. The uptick occurred over all areas of the state; it is not attributable to only a few locales.

What explains this? It may be a one-time spike and no trend at all. Or a reasonable assumption may be that this holiday season, CHP patrol and enforcement was increased as compared to last year. While that may make sense, it is incorrect. The 2017 holidays were a Maximum Enforcement Period as were the holidays in 2016. For many years now, the CHP has been conducting Maximum Enforcement Periods (MEP) wherein more CHP officers are deployed on the roads. MEPs are conducted during the winter holiday season and warm weather holidays such as the Fourth of July and Memorial Day. During an MEP, all available officers in the state are called to duty. Their enforcement focus is on speeding, seat belt violations and, of course, driving under the influence of alcohol or drugs.

Under California law, an alcohol beverage manufacturer is prohibited from offering premiums, gifts, or free goods in connection with the sale or distribution of alcohol. This is a long-standing public policy that prohibits manufacturers of alcoholic beverages from giving something of value to their retailers or consumers.

Beginning this year, the law has been relaxed to allow manufacturers of alcoholic beverages, including distillers and wineries to provide free ground transportation home to consumers who attend an invitation-only event relating to the promotion or sale of their product. It also permits breweries or beer manufacturers to offer free or discounted rides directly to consumers through taxi cabs, ride sharing, or other transportation services in the interests of public safety. The new law was enacted January 1, 2018 as an amendment to Business and Professions Code section 25600.

Section 25600 still prohibits alcohol beverage manufacturers from offering free gifts or premiums as a consumer protection policy, ostensibly to protect the consumer from predatory marketing. Free or low cost sober rides were, until the passage of this law, included in the prohibition.

Selective Traffic Enforcement Program (STEP) Grant DUI Saturation Patrol, now that’s a mouthful. STEP grants are awarded by the California Office of Traffic Safety (OTS) to programs across the state that serve to achieve the STEP grant goal of reducing the number of deaths and injuries on our roads and highways. The OTS campaign includes safety awareness and education, but the bulk of the grants go to police enforcement of DUI laws. That’s where the DUI Saturation Patrol comes in.

DUI Saturation Patrols operate throughout Orange County. Many of these patrols are funded by STEP grants. A DUI saturation patrol targets specific areas, at specific times, that are known to have large concentrations of drivers under the influence. The officers deployed on a saturation patrol are specially trained and specifically patrolling for drivers under the influence. Every city in Orange County and the Orange County Sheriff’s Department have saturation patrols, most funded by a STEP grant. Saturation patrols are almost exclusively deployed in the evening and night hours and increased during holidays. DUI Saturation Patrols are not the same thing as DUI checkpoints although they are often deployed in tandem and have the same goal: To reduce the number of drivers on the road who are under the influence of alcohol or drugs.

Officers on a DUI saturation patrol are specifically looking for driving behaviors that suggest the driver is under the influence. However, just because a driver’s behavior is suspicious does not mean the officer can lawfully pull a driver over. The driver must be violating a traffic code; speeding, unsafe lane changes, or driving without the required lights (even one burned out tail light can be a violation), and failure to properly use blinkers are obvious candidates. But officers can also cite a driver for lane straddling, tailgating, or driving at a slow speed and other “catch-all” type violations. If the initial stop was not based on a reasonable suspicion that the driver was violating the law, the stop may be challenged by a motion to suppress on the grounds that the stop was unlawful.