Articles Posted in DUI

A new survey from Insurance.com studied 20 metropolitan cities in the United States and ranked four major California cities in the top ten for highest in alcohol-related driving violations. San Diego was ranked first and San Jose second; Los Angeles and San Francisco came in at seventh and eighth place, respectively.

The survey analyzed data reported by individuals looking for car insurance quotes over the last three years. Strict law enforcement may have played a key role in whether or how a city was ranked in the study, though it is important to note other factors, such as significant nightlife or a close proximity to colleges, could also contribute to the frequency of a metropolitan city’s alcohol-related driving violations.

It is illegal to drive in California with a blood alcohol content of 0.08 percent or higher. If convicted of a DUI in Los Angeles, you may face severe punishment such as license suspension or jail, even as a first-time offender. Harsher penalties are in place for multiple drunken driving offenses.

Singer Faith Evans has been charged with two counts of driving under the influence of alcohol in Los Angeles, according to the celebrity news Web site, TMZ. Evans was stopped at a DUI checkpoint near Marina Del Rey. Authorities apparently detected alcohol in her breath and impounded the singer’s car and held her in jail overnight. If convicted on both California DUI counts, Evans could face up to six months in jail.

In California it is illegal to drive with blood alcohol content of 0.08 percent or higher. 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.”

Law enforcement officers usually use certain standard tests to determine whether a driver is under the influence or not. One of the most common tests used in a California DUI investigation is a set of field sobriety tests (FSTs). As Los Angeles DUI defense lawyers, we know that these tests have a huge margin of error. A driver who is fatigued or ill could easily fail these field sobriety tests. Breathalyzer tests can also be erratic if the instrument measuring blood alcohol content is not properly calibrated.

A recent report on celebrity news website, TMZ, states that Motley Crue singer, Vince Neil, had a blood alcohol content of 0.216, almost three times the legal limit, soon after his arrest in June for driving under the influence. Las Vegas police pulled Neil over for weaving in and out of traffic and traveling at 60 mph in a 45-mph zone. Neil then allegedly failed three field sobriety tests and two Breathalyzer tests.

Similar to Nevada law, under California DUI law it is illegal for anyone to drive under the influence of alcohol and/or drugs. 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.” It is illegal for anyone to drive with a blood alcohol content of 0.08 percent in all states including California.

If you have been arrested for DUI or driving under the influence, remember that you may face serious consequences. Some DUI penalties include fines, a mandatory alcohol treatment program, loss or suspension of driver’s license and possible jail time. Field sobriety tests and blood alcohol tests can be tricky and prone to error. An experienced DUI defense lawyer will be able to challenge these test results on behalf of defendants and help get the case either dismissed or the charges reduced.

California is partnering with the National Highway Traffic Safety Administration (NHTSA) to set up more DUI checkpoints, place more police DUI task force officers on the road, and increase scrutiny of people with multiple DUI convictions. Known as the California Avoid DUI Campaign, this increased surveillance is intended to keep drunk drivers off the roads over the Labor Day holiday.

Both at DUI sobriety checkpoints and while patrolling in police vehicles, police will be looking for signs that drivers are impaired or intoxicated. Since the goal of the increase in patrols is to catch as many people driving under the influence as possible; police may also pull you over for minor traffic infractions or vehicle problems such as a broken headlight. The police may even stop you if your driving doesn’t indicate you may be under the influence of alcohol.

If you are pulled over by police or stopped at a California DUI sobriety checkpoint; sit calmly in your car with your hands on the steering wheel. Remember to always keep your license, registration, and proof of insurance in a place where they will be ready to hand to the police officer. The officer may ask you where you’re coming from, where you’re going, and whether you’ve been drinking. You have the right to politely refuse to answer these questions. Admitting you have been drinking is enough for a police officer to try to administer field sobriety tests. These tests are notoriously difficult to give and to perform. Because it’s so easy to do them incorrectly, taking them may result in a DUI arrest even if you are not impaired.

California law prohibits driving a motor vehicle, boat, or even a jet ski if your blood alcohol concentration (BAC) is over 0.08 percent. When you are pulled over for a DUI in California, the police may expect you to take a breath test or a blood test to reveal your BAC. The results of these tests are given great weight by the prosecutor and the court, even though the tests may be performed incorrectly.

If the police draw your blood to determine your BAC, they must keep the sample preserved for future testing. Your DUI attorney can file a motion to have a “blood split” performed. A blood split is an independent test of the blood sample that can reveal many things. For example, a blood split may reveal:

• that your BAC was under 0.08 % at the time of your arrest;

Police officers spend every Fourth of July weekend cracking down on drunk drivers in California. The Orange County Register reports that this year, 51 DUI arrests were made over the holiday weekend in Orange County. Last year, 57 people were arrested during Independence Day weekend.

Authorities know that many drivers are coming from a celebration and there is an increased probability of drivers being under the influence of alcohol. To combat this problem, the California Highway Patrol considers this holiday weekend to be “a maximum enforcement period.” They put out as many officers as they can to cut down on drunk driving. While this tactic leads to safer roads, it also leads to many false DUI charges.

Those charged with a drunk driving in Orange County face serious penalties that can negatively impact their lives for years to come. When the police force is out to arrest people for DUIs, there is always the danger that they prejudge the driver’s condition. When someone who assumes people are driving drunk administers a field sobriety test (FST), that subjective opinion could play a part in the conclusions they draw.
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Actor Chris Klein was arrested for DUI recently in Los Angeles, according to Popeater.com. News reports state that the actor was pulled over by authorities after he was “driving erratically.” Klein was charged with driving with a blood alcohol level of over 0.08 percent (the legal limit in California), and driving under the influence of alcohol with a prior conviction.

California DUI laws make jail time mandatory for repeat DUI offenders. Klein was convicted of a prior DUI back in 2005. California law may also require the actor to have an ignition interlock device (IID) installed in his car. A second DUI conviction in California can result in jail time of up to one year, a fine of up to $1,000 and a license suspension for up to two years.

It doesn’t matter if you are a movie star or an office intern, you will face severe punishment if you are convicted of a DUI in Los Angeles. Even a first-time offender can face jail time and license suspensions. Multiple drunk driving offenses result in even harsher penalties. This is why it is crucial to have an experienced Los Angeles DUI defense attorney to help protect your rights.

The New York Post reports that Chris Klein, the star of “American Pie,” has been arrested for drunk driving in Los Angeles. The 31-year-old actor was stopped by a California Highway Patrol officer on the 101 Freeway in Los Angeles County. The officer reportedly administered a field sobriety test, also known as FST’s, which Klein failed.

DUI or driving with a blood alcohol level of 0.08 percent or higher is illegal in California. 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.” According to CHP’s statistics, there were 258 deaths and 4,832 injuries involving alcohol-related crashes in Los Angeles County in the year 2008.

In Los Angeles or Orange County, the penalties for a first-time DUI offense can be significant. If you have been arrested for DUI and are convicted, in addition to jail time, alcohol counseling and fines, you may also be required to install an ignition interlock device; which tests your breath for traces of alcohol before you are able to start the car. Having this IID alcohol testing device in your vehicle also involves a monthly fee.

As of July 1, 2010, some offenders convicted for driving under the influence (DUI) in California will be required to install ignition-interlock devices (IIDs) in their vehicles in Los Angeles. While several states, including California, require IIDs for repeat drunk driving offenders, the stakes are even higher for first-time offenders who may now be required to install one of these devices in their vehicle.

Ignition-interlock devices test a driver’s breath through a small handheld alcohol device that is connected to the dashboard. If an individual’s breath test displays a blood alcohol level higher than the pre-set level (typically around .02% and .04%), then the vehicle’s engine will not start. To make sure that a driver is not DUI and does not have their friend take the test for them, some IIDs have a rolling retest which requires the driver to breathe into it again while driving.

According to The San Francisco Chronicle, the new IID law will undergo an experimental phase of five years in which lawmakers can decide whether to expand the program beyond the counties of Los Angeles, Alameda, Sacramento, and Tulare.