Articles Posted in DUI

The California Supreme Court has made a recent ruling that California drunk driving defendants in should be able to challenge breath test results in court. According to an Associated Press news report, the court is basically allowing defendants to question the science of breath tests, which use a standard formula called “Partition Ratio” to convert the amount of alcohol vapor in the lungs into a blood alcohol level.

The problem with this science is that breath-to-blood ratios vary greatly throughout the population and from person to person, depending on factors such as body temperature, atmospheric pressure, medical conditions and the precision of the measuring device. What this means is that the same breath test result for one person’s breath could erroneously signal intoxication while for another it could mean that they simply had a glass of wine with their dinner.

The recent California Supreme Court ruling opens the door to breath test challenges, an option that has remained closed to most DUI defendants over the last two decades. The court said in its ruling that evidence of the variability of these tests can henceforth be shown to juries. This ruling confirms what any DUI defense lawyer already knows – that one-size-fits-all breath tests don’t tell the real story for all suspects.
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A new state law that is in the works, if approved, could require first-time California DUI offenders to install an ignition interlock breath testing device (IID) into their vehicle’s ignition. According to this news report, the bill’s author, Mike Feur, a state senator from Los Angeles, claims that it will deter the 45,000 repeat drunk drivers who are arrested each year across California.

If this proposed bill becomes law, first-time drunk driving law offenders in four counties would be required to install the devices. IID’s are basically about the size of a cell phone and wired to the vehicle’s ignition. The driver would not be able to start the vehicle until his or her blood alcohol level is below the legal limit. In California, as in almost all other states, it is illegal to operate a motor vehicle with a blood alcohol level (BAC) of 0.08 percent or higher.

This proposed law is flawed and unfair because it treats first-time CA DUI offenders the same as repeat offenders. It would be required to be on the vehicle for six months. And there are questions about how effective these devices are. For example, a determined person can get someone else to blow into the device to help start the vehicle. Sometimes, false positives caused, for example, the use of mouthwashes can cause cars to stall or shut off while on the road.
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A California State Senator wants boaters convicted of operating their boat under the influence to lose their driver’s license as well, Havasu News reports. Senator John J. Benoit, R-Bermuda Dunes, has introduced SB 154, which would basically cause the suspension of California driver’s license for individuals convicted of boating under the influence.

The California Department of Motor Vehicles used to suspend driver’s licenses for those convicted of boating under the influence (BUI) in the mid 90s. But that procedure was ordered stopped by the California Court of Appeals in 2008, citing lack of statutory authority.

This bill basically calls for the DMV to suspend the driving privilege of anyone convicted with a prior California DUI or BUI conviction. It would also mandate that anyone convicted of boating under the influence attend and complete an alcohol education program. The California Department of Boating and Waterways estimates that nearly half of all deaths on California’s waterways are caused by impaired vessel operators. The bill has been passed by the Senate and also got the support of the Assembly Committee on Public Safety. It is awaiting action by the full Assembly.
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