Articles Posted in DUI

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A 32-year-old San Diego man pleaded guilty to charges of gross vehicular manslaughter while intoxicated and felony DUI causing injury for an accident that resulted in the deaths of two teenage brothers. Apparently, the man was returning home from Tijuana when his vehicle collided with a sedan which was transporting three brothers in Chula Vista. According to a San Diego News Network article, one of the brothers was declared dead at the hospital three hours following the crash. The second brother suffered brain death the next day, while the third suffered minor injuries.

The convicted man fled the scene of the fatal traffic collision but was arrested for DUI when he returned later to retrieve his wallet. He will serve 17 years in a state prison for vehicular manslaughter and felony DUI causing injury, a violation of California Vehicle Code section 23153 (a). Police said that he also has a previous robbery conviction on record in 1999.

DUI offenses are some of the most common crimes in the United States and often threaten the toughest of sentencing guidelines. Fines, probation and jail time aside, having a DUI on record can subject a person to skyrocketing insurance premiums, which can frequently be more expensive than the fines in the court’s DUI sentence.
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A 41-year-old Orange County man was arrested on February 9, 2010 for driving while intoxicated after a succession of hit and run crashes culminated in an estimated $75,000 worth of damage to a local storefront; according to a Corona Del Mar Today article. The alleged drunk driver drove his SUV onto the sidewalk and into trees, signs and a planter before crashing into the front of a psychic shop in Corona Del Mar, wedging his vehicle about a quarter of the way into the building. The man declined medical treatment and was arrested for DUI at the scene. He also faces possible charges for leaving the scene of an accident which can be charged as misdemeanor hit and run.

If a person is convicted of drunk driving, current California DUI penalties for first-time offenders incur a minimum sentence of a $390 fine, jail time and a six-month license suspension. Subsequent offenses can rack up more than a year in jail, fines of up to $1,000 and a license suspension of several years. Judges also have the discretion to require persons convicted of DUI to install an Ignition Interlock Device IID, undergo drug and alcohol treatment programs and participate in community service.
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A 43-year-old Orange County man has been accused of drunk driving and speeding in connection with a car accident, which killed a woman on the 10 Freeway in El Monte. According to a news report, the man has been charged with one count each of gross vehicular manslaughter while intoxicated, DUI causing injury, and driving with a blood alcohol content of 0.08 percent causing injury. Officials say the deceased woman was a passenger in a car that was hit by the alleged drunk driver. The driver was apparently traveling at more than 120 mph.

If you have been accused of felony drunk driving and/or vehicular manslaughter in Los Angeles or Orange County, you are looking at serious consequences including jail time, loss of driver’s license, hefty fines, and other severe penalties. California Vehicle Code Section 23152 (a) states: “It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.” The same code section also states that in California it is illegal for any person with a blood alcohol content of 0.08 percent or more to drive a vehicle.
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Police are looking for a suspected drunk driver, who they say, fled the scene of a fatal car accident in Los Angeles. KTLA News reports that the accident occurred on the Santa Monica (10) Freeway at La Brea Avenue. A 2005 BMW, traveling at a high rate of speed, rear-ended a pickup truck, causing it to overturn, California Highway Patrol officials said. A 20-year-old passenger in the BMW, died at the scene. Another passenger in the car and the driver of the truck also sustained moderate injuries.

Those arrested for drunk driving in Los Angeles may either be charged with a misdemeanor DUI offense or a felony, which is a much more serious charge. Usually, when a DUI arrest does not involve an accident, injuries, fatalities or major property damage, it results in a misdemeanor charge. When a DUI accident does involve deaths, injuries or major property damage, the driver will most likely be charged with a felony. When fatalities are involved, the driver could also face gross vehicular manslaughter charges.

California Penal Code section 191.5 (a) states: “Gross vehicular manslaughter while intoxicated is the unlawful killing of a human being without malice aforethought, in the driving of a vehicle, where the driving was in violation of (DUI) Section 23140, 23152, or 23153 of the Vehicle Code, and the killing was …, in an unlawful manner, and with gross negligence.”
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A new California law, effective this year, requires anyone convicted of DUI in Los Angeles County to install an ignition interlock device in his or her vehicle. According to news reports, Los Angeles is one of seven California counties where this pilot program goes into effect starting July 1, 2010. What this law means is that even if you have been convicted of drunk driving for the first time, you need to install an ignition interlock device in your vehicle.

What is an ignition interlock device or IID? Basically, these are devices that require you to blow into them. If the device detects alcohol from your breath, it will not let you start the vehicle. The devices may be pre-programmed to measure the level of alcohol in your breath. For example, you could have it set or the court could order you to have it set at 0.02 (approximately one drink). Therefore, if you blow a 0.02 or more, you will not be able to start your vehicle and you would potentially be in violation of your drunk driving probation and be sent to jail.

If you are ordered to have an ignition interlock device installed, you will have to pay the fees for renting the IID alcohol detection device and for having it installed in your vehicle. The installation could cost you anywhere between $100 and $200. The monthly rental fee can range from $70 to $100. These fees do not include the additional charges for maintenance or having the device calibrated.
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A female driver was arrested for drunk driving in Los Angeles after she struck and injured three employees doing work on an underground vault for the Department of Water and Power. According to a KTLA News report, the three men were working in the 5800 block of Franklin Avenue in Hollywood, during the early morning hours, when the driver went through the work zone and hit them. The car apparently also hit a Los Angeles DWP vehicle that was parked in the work area. The woman was arrested for DUI. Two of her passengers were uninjured. However, the three workers were taken to the hospital with minor injuries.

If you have been arrested for DUI in Los Angeles, the first thing you need to remember is: you DO NOT have to plead guilty. DUI charges are usually based upon subjective opinions of the arresting officer. Law enforcement officials are trained to look for signs such as the smell of alcohol in the vehicle or on the person, slurred speech or red eyes. But you may have these symptoms even if you did not drink any alcoholic beverages. You’re not guilty just because you got pulled over or arrested.
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A 29-year-old Norwalk man was arrested, following a fatal car crash, for drunk driving after his 2000 BMW M3 collided with another a Toyota Celica, killing its 42-year-old driver. According to a Fox News report, the fatal car accident occurred on the transition road from the westbound 105 Freeway to the northbound 710 Freeway. The Toyota hit a curb and rolled over. The driver was pronounced dead at the scene. The driver of the BMW sustained moderate injuries, but was later arrested for drunk driving.

According to California Highway Patrol’s traffic accident statistics, there were 268 deaths and 5,169 injuries involving alcohol-related car accidents in Los Angeles County in 2007. In Orange County, 75 deaths and 1,501 injuries were reported as a result of DUI car accidents in 2007.
Driving under the influence or DUI is a serious violation of California law. If the car accident results in serious injury or death, the driver accused of causing the accident could be looking at vehicular manslaughter charges or even murder.
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Pamela Bach, ex-wife of “Baywatch” star David Hasselhoff, was recently arrested in Los Angeles for driving under the influence. According to a news report, Bach was pulled over on the Highway 101 at Laurel Canyon Boulevard in the San Fernando Valley. California Highway Patrol officials say Bach registered blood alcohol levels of 0.14 and 0.13 percent during a Breathalyzer test. Bach has a prior DUI arrest on her record in which she pleaded no contest to the charge in August. At the time, she was placed on three years of informal probation. Bach was also ordered to undergo an alcohol treatment program and not to drive with any “measurable amount of alcohol in her blood.”

In the state of California, it is against the law to drive a motor vehicle under the influence of alcohol or drugs (California Vehicle Code 23152). The same vehicle code section also states that motorists must not drive with a blood alcohol level of 0.08 percent or higher. The consequences of repeat DUI offenses can be devastating and could include loss of driving privilege, jail time and steep fines.
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If you are caught driving under the influence on the job, especially if you are responsible for the lives of young children, you will be facing very serious charges. A recent report in the Ventura County Star talks about a school bus driver in Ojai who was arrested for driving under the influence while on the job. The drunk driving accident occurred when the 53-year-old female driver was trying to make a U-turn on an Ojai street. The bus struck a pickup truck.

There were 31 students in the bus but luckily no one was injured. The bus driver took a breath test and was booked for driving with a blood alcohol level of 0.08 percent or higher. California law prohibits commercial drivers, including bus drivers, from driving with blood alcohol levels of 0.04 percent or greater, although the legal limit for non-commercial drivers is 0.08 percent. The news report states that the driver admitted to drinking alcohol the night before. She has been charged with misdemeanor DUI and child endangerment.
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Brawley King Nolte, the son of actor Nick Nolte, was arrested for driving under the influence in Santa Monica, California, according to a recent news report. The 23-year-old Nolte was stopped and arrested by Santa Monica police officers after he reportedly tried to change lanes and collided with another car. He was taken into custody after allegedly failing field sobriety tests and showing signs of intoxication and was booked for DUI and possession of a controlled substance.

Both driving under the influence and possession of illegal drugs are serious crimes in California. California law prohibits drivers from operating under the influence of alcohol and/or drugs. California Vehicle Code Section 23152 (a): “It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.”

A common mistake that many DUI arrestees make when they are arrested is that they plead guilty. Many do not know that they may not be “guilty” just because they take a breath or blood test and have an elevated blood alcohol level. Also, even though a person is arrested for drug possession, it does not mean they will be found guilty either.
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