In 2012, an Orange County woman, Sandra Hernandez, was camping with her family in North Dakota when a drunk driver ran over the family tent, killing her two young sons, ages 5 and 9. The driver who ran over the tent had four previous DUIs in California. Had he committed…
Orange County DUI Lawyer Blog
LAW ENFORCEMENT AND DISTRICT ATTORNEY NEED A MATH REFRESHER COURSE
What is the per se blood alcohol content (BAC) in California? Most people know it is, with certain exceptions, 0.08%. Above that limit and a driver is considered per se under the influence of alcohol. Which number is greater: 0.08% (0.0008) or 0.013% (0.00013)? If you answered 0.0008, congratulations, you…
0.08 PERCENT BLOOD ALCOHOL CONTENT THRESHOLD IS TOO HIGH
So say many experts who have studied the U.S. (including California’s) DUI limit of 0.08 percent. The only state that has a lower limit is Utah, which has a 0.05 percent per se limit. After Utah lowered it limit in 2018, there was a near 20 percent decrease in fatal…
POTENTIAL CONSEQUENCE OF DUI WITH A CHILD IN THE CAR
Driving under the influence with a child under the age of 14 can result in a punishment enhancement and may also result in child endangerment charges. But there are other potential consequences to this offense of which most people are unaware. Among those potential consequences is being added to the…
DON’T BE ONE OF THE 1,200
As we enter one of the biggest holiday periods in California, it might be time for an important PSA: DON’T DRINK OR TAKE DRUGS AND DRIVE. Last July 4th holiday period (June 30 through July 4), over 1,200 drivers were arrested for driving under the influence. Unfortunately, 90 individuals also…
CAN I EXPUNGE MY DUI CONVICTION?
In California, many convictions can be “expunged.” (The common term most people use is “expungement,” but it’s not actually an expungement, as will be clear as you read further.) In most cases, an individual (defendant) convicted of DUI will be eligible to petition the court for this relief. Upon a…
WHEN IS A DUI BLOOD DRAW LEGAL?
A Story: Michelle was involved in a serious accident at an Orange County intersection. Witnesses reported that Michelle caused the accident when she ran a red light. The occupant of the vehicle Michelle hit was killed. Michelle was injured and transported by ambulance to the hospital. At the hospital, a…
PASSIVE IMPAIRED DRIVING PREVENTION SYSTEMS WILL BE REQUIRED IN FUTURE CARS
Whether you think this is a good thing or another step towards a “Big Brother” future, there is an effort to make drunk driving detection a standard feature in all new cars. New technologies allow impaired driving detection through sensors that can monitor the driver’s eye movement as well as…
DRINKING AND DRIVING DURING THE HOLIDAYS
The holidays are upon us – don’t ruin your merriment by driving under the influence. Now is the time to consider your plans. Do you have a designated driver? Is ride sharing an option? Or how about resolving not to drink more than one drink (or none is better) at…
DUI STATISTICS: A MIXED BAG
According to the National Highway Traffic Safety Administration (NHTSA) 13,384 people died in drunk driving related incidents in 2021 (the latest year for which the statistic is available). This number, according to the NHTSA, represents one-third of all traffic-related fatalities and equates to approximately 37 individuals who die per day…