Articles Posted in DUI

A DUI conviction can have consequences at every possible level that you can imagine. First, your driver’s license could be suspended. If you have a job that requires driving, you are at risk of losing your job. The cost of a DUI can also be significant. Hefty fines, court fees, installation of an ignition interlock device, cost of alcohol education programs, and counseling can all add up very quickly to thousands of dollars.

Sentencing in a DUI case could be affected by many different factors. The state of California takes the following into consideration when determining the level of punishment for DUI: the defendant’s blood alcohol concentration (BAC), nature and extent of injuries caused to other parties, and prior DUI record. Other factors that may influence your DUI sentence include: having an abnormally high BAC, violating other laws such as driving at an excessive speed or running a red light, causing serious injuries to other parties, refusing to submit to a chemical test, and being under 21 at the time of the DUI arrest (known as an underage DUI charge).

First-time offenders are usually required to pay fines and court fees, and will face a license suspension for six months to a year. In addition, they may also be required to undergo alcohol education and perform community service. If it is a second DUI conviction, offenders may face harsher penalties, including jail time, longer license suspensions, and lengthier rehabilitation programs.

A 25-year-old La Puente man was arrested for driving under the influence after a car accident in Baldwin Park that injured a woman, her 12-year-old son, and her 2-year-old daughter. According to a news report in The San Gabriel Valley Tribune, the Los Angeles drunk driving accident happened when the man who was driving a Toyota Camry west on Garvey Avenue crossed over the center divider and crashed head-on into the Kia Spectra carrying the woman and her two children. All three sustained injuries. The driver of the Camry was expected to face felony DUI charges.

According to 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.”

Drunk driving charges can be misdemeanors or felonies depending on the circumstances of an incident. When there are injuries, the DUI charge is most likely going to be a felony. These are serious charges that could result in severe DUI penalties, including jail time, hefty fines, alcohol counseling, and installation of an ignition interlock device. The cost of a DUI in Los Angeles can add up to thousands of dollars.

Law enforcement agencies in the Los Angeles area really stepped up their DUI patrols over the holidays, specifically between Dec. 16 and Jan. 1. As a result, in Los Angeles County, there were many more DUI arrests this year. According to a news report in The Mar Vista Patch, 2,433 people were arrested on suspicion of DUI during this year’s Winter Holiday DUI Mobilization effort compared to last year’s 2,406 drunk driving arrests. California Highway Patrol officials made 274 DUI arrests in Los Angeles just over the New Year’s weekend compared to 228 arrests last year.

DUI enforcement efforts in the southland included checkpoints, saturation patrols, and routine patrols conducted by more than 100 police agencies countywide. Watch out, because this is not the end. Although the holidays are prime time when it comes to DUI enforcement, it doesn’t stop here. Officers will be out in full force once again for Super Bowl Sunday in February and the St. Patrick’s Day holiday in March. Almost all law enforcement agencies in Southern California receive funding from the California Office of Traffic Safety to conduct these DUI patrols and enforcement operations.

The penalties for DUI in Los Angeles can be severe. If convicted, drivers face possible jail time, probation, mandatory alcohol education programs, installation of an ignition interlock device, and insurance rate hikes. The cost of a DUI can add up very quickly. Those convicted of a DUI also face other repercussions, such as job loss.

You have probably seen billboards and advertisements that state that “buzzed driving” is drunk driving. If you are wondering what constitutes drunk driving and how many drinks will result in a DUI, you are probably not alone. While it is important to remember that there are many factors that determine blood alcohol levels, the following information can be a useful guideline for understanding how much alcohol can result in a DUI.

First, it is important to understand that the amount of blood in a driver’s system is called Blood Alcohol Concentration (BAC). Driving with a BAC of 0.08 percent is illegal in California and most other states. California motorists determined to have a .08 BAC or higher could face serious penalties including driver’s license suspension, heavy fines and potential jail time.

Having less than one whole drink will more than likely result in your BAC rising to .01 or below. Completing one full drink could result in an alcohol level of approximately .02 percent. Having two drinks could result in a BAC of .04 or .05 percent BAC. This number can increase if the drinks were taken quickly and on an empty stomach. Drivers who reach the 0.08 percent BAC have probably had three to five drinks. Individuals who have consumed five to eight drinks will likely have a BAC of .1, which is well above the legal limit. A BAC of .16 means the individual likely had 10 or more drinks.

David Hunt, Newport Beach’s former city attorney, is facing misdemeanor drunk driving charges in connection with a collision, which occurred back in September. According to The Newport Beach Patch, the 54-year-old Hunt was arrested on Sept. 30 after he crashed his vehicle into a parked car on Ford Road in Newport Beach. No one was reportedly injured in that crash. Hunt was re-hired by the city on a contract basis, but that contract was terminated following his DUI arrest.

California law prohibits motorists from driving with a blood alcohol level of 0.08 percent or higher. 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.”

Even first-time offenders face serious DUI consequences in Orange County, including possible jail time, probation, mandatory alcohol education programs, and installation of an ignition interlock device. In addition to the legal consequences, an individual who is arrested on suspicion of drunk driving or charged with a DUI can also suffer professionally. People in public office can be terminated or placed on administrative leave. Individuals may lose their driving privileges, which in Southern California, can prevent them from being employed.

According to a December 9, 2011 news report in USA Today, Los Angeles Dodger James Loney won’t face professional consequences for his November accident that may have been alcohol-related. California Highway Patrol officials say that on November 14, 2011, Loney was involved in a car accident on the 101 Freeway in Los Angeles. His Maserati collided with a 2008 Mini Cooper, a Toyota Prius, and a Mercedes-Benz. The other drivers have stated that he was unconscious momentarily after the collision and attempted to flee the scene when he woke up. It is not clear if he was under the influence of alcohol, but a blood sample for alcohol and drugs was taken.

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.” Penalties for drunk driving in California typically involve lengthy license suspensions, heavy fines, required alcohol counseling, and potential jail time.

A defendant could face additional penalties when a drunk driving arrest results in an injury or fatal car accident. Anyone facing a potential DUI charge would be well advised to contact an experienced criminal defense attorney who will analyze all aspects of the case and the incident and ensure that the defendant’s legal rights are protected.

The Oxnard Police Department and the Ventura Police Department have received substantial grants to combat drunk driving. According to a news report in The Ventura County Star, authorities in Oxnard received a $250,000 grant and Ventura officials received $150,000. Both cities have appeared on the list of the 50 cities with the most fatal DUI accidents in California. The grants will be used to specifically target drivers who are under the influence by increasing DUI patrols, checkpoints, and other enforcement efforts.

The California Highway Patrol’s 2009 Statewide Integrated Traffic Records System reported eight fatalities and 106 injuries as a result of DUI accidents in Ventura County. Clearly, drunk driving is a serious problem, but it is important that the rights of California’s drivers are protected, even through these enforcement efforts. Drunk driving enforcement usually increases during the holiday season when police are at full force.

With an increase in the number of DUI checkpoints and patrols, there is the potential for an increase in the number of wrongful DUI arrests. There is also the potential for drivers’ rights to be violated during the investigation and arrest. It is critical in such cases that defendants have experienced DUI defense lawyers on their side, who will fight for their rights and make sure that wrongful charges are dismissed.

Each year during the Thanksgiving holiday weekend and right through the holiday season, there is an increase in the number of DUI patrols and checkpoints throughout Los Angeles County. According to a report in The Annenberg TV News, there was a 10 percent increase in drunk driving arrests this past Thanksgiving weekend. California Highway Patrol officials say that 200 Los Angeles County drivers were arrested for drunk driving over the holiday weekend, which accounts for 22 percent of DUI arrests statewide.

Statewide between 6 p.m. Wednesday November 23, 2011 and 11:59 p.m. Saturday November 26, 2011, there were 1,350 DUI arrests. During the same time period in 2010, there were 1,419 drunk driving arrests in California. Thanksgiving weekend traffic fatalities increased this year from 12 deaths in 2010 to 21 fatalities in 2011.

Penalties for driving under the influence of drugs or alcohol in California are severe. First-time offenders could face a six-month license suspension, mandatory jail time, required attendance in a DUI school, probation, mandatory installation of an ignition interlock device, and multiple fines and court fees. CA DUI and car insurance is another challenge drivers face and a drunk driving conviction can also be a setback when it comes to finding a job or remaining employed.

There are many mistakes that can be made during a DUI arrest that can result in the drunk driving charges being dropped in the future. Under California law, drivers are obligated to take a breath test, but they have the right to decline to take the preliminary alcohol screening test. Drivers may also decline to take field sobriety tests. When police officers make the mistake of failing to inform drivers about these rights and lead them to believe that the tests are mandatory, the results of such tests may not be used in court. Californians should know that refusal of these tests typically results in an arrest, and it is against the law to refuse to take a blood or breath test after being arrested. Once an arrest is made, police officers are required to inform the suspect of his or her rights.

There are many mistakes that can be made during the actual testing process, or the DUI investigation as well. Was the officer qualified to administer the test? Were proper protocols followed? When was the equipment used for the test last calibrated? Were the samples tampered with or stored properly? Did the arresting officer have probable cause to seize evidence from the suspect’s vehicle?

There are many potential mistakes that can invalidate an arrest and get charges dismissed. The experienced southern California DUI defense attorneys at Sitkoff & Hanrahan know how to analyze all aspects of a case to determine if any of the defendant’s rights were violated. If you are facing DUI charges in southern California, please call our offices today at (866) 430-8383 for a free consultation.