Articles Posted in DUI

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.

DUI with Injury Plea Vacated After Court Finds Violation of Victim’s Rights

When a driver, who is under the influence of drugs or alcohol, causes injury to another person, the driver will almost always be charged with violation of Vehicle Code section 23153, also known as DUI with injury. This violation can be charged against the driver even if his or her BAC is under the 0.08% per se threshold if the responding officer believes that the driver was impaired by any alcohol consumption.

Not only must the driver be driving under the influence, but the driver must have been driving in a negligent manner or violated a law during the course of the charged conduct. This could be an allegation, for example, that the driver was violating the speed limit (violating a traffic law) or say, even looking in the mirror to put on lipstick while driving (negligent driving).