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Before even getting pulled over for a DUI, the police officer is already observing your driving. If you are swerving in and out of lanes, speeding or driving too slow, those are obvious signs of intoxication. The officer will then pull you over and observe you and your behaviors. If you smell like alcohol, have bloodshot eyes or slur your speech, those are signs of intoxication as well. If the officer believes you may be intoxicated, he will ask you to get out of the car and participate in field sobriety tests.

Field Sobriety tests are tests given to alleged drunk drivers by officers to test driver sobriety. The National Highway Traffic Safety Administration has standardized three tests that should be given to all drivers suspected of being drunk. First, there is the horizontal gaze nystagmus (HGN). The officer puts a pen or something in front of your face and asks you to follow the object with just your eyes. Intoxicated people have a hard time doing this. Instead of smooth tracing of the eyes, the eyes will jerk and have a difficulty following the object.

Another field sobriety test is the walk and turn test which tests divided attention. In this test, the officer asks you to walk in a straight line with one foot following close behind the other. After taking about nine steps, you are asked to turn around using just one foot and walk the other way. Intoxicated people do not have balance and cannot follow these instructions.

The last standardized field sobriety test is the one leg stand that also tests divided attention. The suspect is asked to stand and one foot and count. An intoxicated person will not have good balance or will not count properly.

Officers may give other tests to test sobriety, most likely if the suspect cannot take the standardized field sobriety tests. Whether you live in Fullerton, Santa Ana or Mission Viejo, if you are pulled over for a DUI, you need an experienced DUI attorney to assist you.

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From 1,132 DUI deaths in 2007 to 1,029 in 2008, the DUI death rate since its high point in 2005, has dropped 21%. Alcohol impaired deaths make up the biggest category of total traffic fatalities, but even total fatalities have been down. The decrease in DUI deaths are thought to be the result of education from MADD and other safety advocates as well as enforcement through DUI checkpoints. Children are being taught from a young age about the dangers of drinking and driving and are remembering the message.

In the study, motorcycle deaths were found to be increasing, however. Now local governments are trying to target motorcycle drivers and teach them road safety.

Even though DUI deaths have gone down, the government says it will stop education and enforcement programs only when the number has gone down to 0.

I think it is great that the rate of DUI deaths has gone down in California. I feel that the government and safety advocates have been properly spreading the message of safe driving and driver responsibility. Whether you live in Orange County, Los Angeles County or Riverside County, if you have been charged with a DUI, an experienced California defense attorney will help you get through the legal process.

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A Caltrans program that started in 2002, allowed families of DUI victims to purchase a billboard in California and write the name of the victim and a message. Most people would write something along the lines of “Don’t Drink and Drive.” An assemblywoman now wants to expand this program to include victims of traffic accidents not involving drugs and alcohol. Critics of the bill say that there are already too many billboards that are very distracting for drivers. They worry that since so many people are killed on California freeways due to traffic accidents, there would be hundreds of billboards which means more work for Caltrans and more distractions for drivers.

The DUI victim’s program has been said to be successful in reducing the number of DUI fatalities. A study found that in the 16 counties where memorial signs were erected, alcohol related deaths decreased in the three years after the sign, by about 79 people.

I think billboards memorializing DUI victims are a great idea that can reduce DUI fatalities. On the other hand though, I do think that billboards are distracting to drivers. I think billboards should just be limited to DUI victims (not traffic victims) and the billboards should have an informative message or statistic to inform drivers of the dangers of drinking and driving.

Whether you live in Santa Ana, Newport Beach or Garden Grove, if you are charged with a DUI, you will need an experienced criminal defense attorney on your side.

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On July 25, after 10 hours of drinking, Jose Maria Olmos was very drunk. Nevertheless, he decided to drive Juan Garcia and Jose Guadalupe Vilchis home. Olmos was driving between 60-70 mph in a 30 mile zone when suddenly, his car flipped over. All three men were injured but Garcia had severe head trauma and died at the hospital a few hours later. When police arrived, Olmos has bloodshot eyes, slurred speech and smelled like alcohol. He was charged with vehicular manslaughter while intoxicated. If he is convicted of the crime, he will face a possible prison sentence of 11 years.

Olmos will need an experienced DUI defense attorney to look at his blood alcohol results to see if he was actually intoxicated. The attorney will also have to see if there were any other causes for the car accident (ie- bad road conditions, negligence of another driver). Lastly, the defense attorney will work to lower the charges and the sentence.

Regardless whether you live in Orange County, Los Angeles County or Riverside County, vehicular manslaughter caused by intoxication is a serious crime.

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Matt Thomas was in the passenger side of a car driven by his drunk friend about 15 years ago. The car fell off a 30 foot bridge and nearly killed Thomas. The crash caused severe brain damage and paralysis on his left side. Thomas had to learn to walk, talk and read all over again. During therapy, a friend of his gave him some hydro bikes. Because of those bikes, he was able to make a speedier recovery and can now walk, drive, go back to school and use his own man power to go on hydro bikes, paddle boats, and kayaks. He has started a charity event in Newport Beach called Paddle Pedal to raise money to support the charity of your choice. Since his accident, he has been speaking in classrooms all around Orange County about the dangers of drinking and driving.

Driving under the influence can have serious impacts on not only the driver, but also passengers. Amazingly, Thomas has turned the tragedy he faced into triumph by organizing charity events and spreading the message of the dangers of drinking and driving throughout the community.

Although the article did not mention the fate of his friend who drove drunk, it is assumed that he is probably still in jail because of the DUI. Whether you live in Huntington Beach, Garden Grove or Anaheim, if you get a DUI, you will need an experienced defense attorney to help you.

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Last month the California Supreme Court unanimously held that breath test results used in driving under the influence cases, can be inaccurate. Breathalyzer results may be inaccurate because they do not take into account a person’s body temperature, atmospheric pressure, medical conditions or calibration of the machine, all of which can cause varying results. This is a huge step for defense attorneys who can now argue that breathalyzer results may not be accurate or may not be a true indication of someone’s intoxication level. This decision came after many complaints by defense attorneys and people falsely accused of driving under the influence.

Alcohol has different effects on different people and may result in slurred speech and blurred vision for some at a .08 level. For others, these effects are not felt until the blood alcohol level is much higher. Regardless whether you are stopped for a DUI in Irvine, Fullerton or Santa Ana, an experienced DUI attorney may be able to argue that the results of your breathalyzer tests are inaccurate.

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Last week I blogged about Westminster Councilman Andy Quach being suspected of driving under the influence. More details emerged that affirmed that Quach was in fact driving drunk. Officers claimed that when they arrived at the scene of the accident, Quach’s car had hit a power pole that knocked out power to over 300 homes and he looked intoxicated. He had blood shot eyes, slow and slurred speech and smelled like alcohol. His blood alcohol content was at a .26%, three times over the legal limit. His friend, Assemblyman Van Tran came to the scene of the crime after being called by Quach. Tran says Quach looked shook up, but was not injured. Quach says he will not step down from his position and instead will educate Orange County citizens about drinking and driving.

It is disappointing when a person that is considered a model citizen and a role model does something like this, however, we are all human. This was clearly a case of bad judgment and likely taught him an important lesson. Besides just being charged with a DUI, he will receive an enhancement since his blood alcohol level was about a .20%.

Whether you live in Newport Beach, Yorba Linda or Aliso Viejo, if you are charged with a DUI, you will need an experienced Orange County DUI defense attorney.

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In Huntington Beach on Friday, two police officers pulled over a Volvo for a traffic violation. A Chrysler driven by Christopher Seymour pulled up behind the officer’s car and crashed into it. The police car that was hit then crashed into the other police car. To avoid being hit, the driver of the Volvo jumped out of the way and hit the officer, causing injuries. Seymour sustained moderate injuries so he was treated and then taken to jail on suspicion of drunk driving.

A good DUI attorney would check the defendant’s blood alcohol level to see if the driver was actually intoxicated. It may have been that Seymour just accidentally hit the officer’s car. The drunk driver will likely have to pay for the damage of both police cars and his own car and will face thousands of dollars in court and attorney fees.

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On Monday morning at 2am in Fountain Valley, a green minivan sped past police officers, nearly hitting a patrol car. Once police stated chasing the van, the driver headed south on northbound lanes. The driver was speeding at 100mph and passing red lights. At one point, officers lost the van and decided to call off the chase. Three minutes later, officers saw that the minivan had hit another car. The drunk driver, David Ortigoza, was taken to the hospital and then to jail.

At such high speeds, it is amazing that no one else was injured.

It is likely that Ortigoza will be charged with a DUI and evading arrest. He will have to pay thousands of dollars in fines for the DUI and the damages he caused to the other car. He will also have to spend time in jail for the DUI and evading arrest. He will need an experienced Orange County criminal defense attorney to help him lower his fines and fight his charges. Whether you live in Fullerton, Westminster or San Clemente, drinking and driving will come with serious consequences.

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As silly as it sounds to get pulled over for riding your bicycle while drunk, it can really happen. According to California Vehicle Code section 21200.5, it is unlawful for any person to ride a bike while under the influence of drugs or alcohol. If the officer requests a chemical test to test the driver’s blood alcohol level, they may have to take a blood, breath, or urine test. If they are found to be intoxicated, they can be fined up to $250. If the person is under 21 but over 13, their license privileges can be suspended or delayed for one year.

I have met a few people who thought it was a great idea to ride their bicycle to the bar, get drunk and then bicycle back home. It is not a great idea because alcohol affects your vision and your coordination, two things needed to ride a bike. Additionally, you can be pulled over and fined $250.

Although you wont technically be charged with a DUI for bicycling drunk, it is a Vehicle Code violation and can stay on your criminal record. Whether you live in Newport Beach, Fountain Valley or Mission Viejo, do not drive a car, ride a bicycle or operate a boat if you are drunk! If you do, get an experienced DUI defense attorney to help fight your case.

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