Articles Posted in DUI

A BRIEF HISTORY OF DUI LAWS

A couple of generations ago, drunk driving was almost acceptable. You’ve probably heard about “one for the road” — it was a common refrain at parties and bars and the phrase was often used in songs and movies during the last century. Maybe you saw the many Mad Men episodes depicting the various characters driving while way too inebriated. That wasn’t artistic license, that happened back then – a lot. And it was not uncommon to hear the “funny” anecdotes like the one about old Uncle Joe driving home so drunk that he hit a tree. When the local sheriff arrived, they woke up Uncle Joe, who was slumped over the steering wheel snoozing, and escorted him home to sleep it off—warning him to lay off the booze as they left.

Yet, driving under the influence of alcohol has been unlawful almost since the time the first automobile hit the road. The first state to enact a law that made it illegal to drive under the influence of alcohol was New Jersey, although some claim New York had a law before New Jersey. The New Jersey law, enacted in 1906 had no specific threshold level. If the cop thought you were too drunk to be driving, you were arrested (or perhaps sent home with a warning). Other states soon followed New Jersey’s lead. I suppose since most people still got around in carriages during those day and horse and buggy driver could just as easily be arrested for drunken driving as the dapper gentleman driving a new-fangled horseless carriage.

DUI CHARGES CAN BE FILED UP TO ONE YEAR AFTER A DUI ARREST              

When a person is arrested for suspected misdemeanor DUI, he or she is typically booked at the police station, issued a citation to appear in court, and released once someone comes to pick them up. The citation to appear in court concerns the criminal charges, not the DMV administrative sanctions. The citation advises the arrestee of the court location and date in which he or she is to appear. If the arrestee does not appear on that date, a bench warrant for his or her arrest will probably be issued. The bench warrant is usually recalled once the person does appear in court.

But what if the person appears in court on the date and time stated on the citation and the clerk informs him or her that the case is not on the court’s calendar. It happens. Unfortunately, that doesn’t mean that the arrestee somehow lucked out and the criminal charges disappeared. Rather, what it probably means is that prosecutor just hasn’t gotten around to filing the charges.

IS A PERSON’S DRIVING ABILITY AFFECTED BY MARIJUANA?

As the laws and law enforcement scramble to keep up with the rapidly changing laws on marijuana use, researchers are asking the question: How does marijuana affect driving ability? The answer to this question has important implications for the establishment of driving under the influence of marijuana thresholds such as those already in place for driving under the influence of alcohol.

As to be expected, law enforcement organizations with an anti-drug agenda, say that any amount of marijuana use significantly impairs driving ability but studies, perhaps with a less biased point of view, have not yet definitively answered the question. The primary psychoactive ingredient in marijuana, THC, affects a person’s coordination, sensory and time perceptions (according to the National Institute on Drug Abuse (NIDA)). These brain activities are important in driving so it would stand to reason that marijuana use would affect a person’s ability to drive safely.

So, you are out with your buddies at the golf course on a beautiful Southern California day–putting along in your golf cart, knocking in a few balls and beers – ah, this is the life. Maybe you are having too much fun because you and your buddies are getting a little rowdy—enough to trigger a complaint. Suddenly the good life goes bad as you see one of Orange County’s finest approaching you and your buddies. “Step out of the golf cart please.” Next thing you know, the officer is conducting field sobriety tests on you.

Does this sound far-fetched? Well, an arrest for driving a golf cart under the influence can and has happened in this state. Under California law, it is unlawful to drive a vehicle while under the influence of alcohol, which as everyone knows is defined as more than 0.08% BAC. You are certainly driving as defined by California’s vehicle code and a golf cart is a vehicle. As defined in Vehicle Code section 670, a vehicle is “a device by which any person or property may be propelled, moved, or drawn upon a highway.” A golf cart is such a device under this broad definition but what about that “highway” part? Under California law, “highway” means any public street or roadway. Technically speaking, a golf cart could motor down a “highway,” even if these vehicles are usually confined to the links.

The DUI laws in California once made it illegal to drive a vehicle while under the influence on highways or other areas open to the general public. But in 1982, the law was changed to prohibit simply driving under the influence without any reference as to where. The courts have held that the wording of the statute means that it is unlawful to drive under the influence anywhere in California and that includes private property and even golf courses.

ALCOHOL EDUCATION PROGRAMS AFTER CONVICTION FOR DUI

When a person is convicted of DUI in California, or even if he or she is not but the DMV admin per se hearing officers finds that the driver was driving under the influence, the offender will be required to attend an alcohol education program. This requirement is written into the statute and there is usually no way out if the driver want to get his or her driver’s license back. There are varying levels of DUI education programs depending on the driver’s BAC and whether it is a first or subsequent DUI offense.  The programs are offered by private entities that are licensed by the state. The offender must pay for this education and the price tag can be hefty.

The least onerous of the alcohol education programs are those required when a person is convicted of a “wet reckless.” A wet reckless is basically a plea to something less than a straight-out DUI and is usually available to those defendants whose DUI case is weak, for example, a border-line BAC. Persons convicted of a wet reckless need only complete 12 hours of lectures, which is the educational component of the first-time DUI offenders program.

ASLEEP AT THE WHEEL

Have you ever heard this one: A guy in Any City California drank too much and decided to sleep it off in his car. He was snoozing in the driver’s seat with the keys in the ignition but the car was not running. Police spotted him, tapped on his window and woke him. Upon investigation, they arrested him for drunk driving because he tested above the legal blood alcohol threshold.

This is a common “urban legend” …well sort of. In fact, in California a person is not driving under the influence if the person is not driving. Makes sense. Under California case law, the word “drive” as it applies to the DUI laws means that a person by his or her own conscious efforts causes the vehicle to move. However, if there were any witnesses that reported the sleeping driver drove to his resting spot or if there is other evidence that the driver had been driving, even though he is not driving now, he can still be arrested.

NO, A CALIFORNIA MAN DID NOT GET ARRESTED DRIVING UNDER THE INFLUENCE OF CAFFEINE

Maybe you read the many news stories recently about the Solano County man who was stopped and arrested for DUI when an officer observed him driving erratically, so erratically that it was reported he almost caused several accidents. He field tested a 0.00% blood alcohol level but he was still arrested and taken in for a blood test because the officer suspected he was under the influence of a substance other than alcohol. The blood test came back positive…. for caffeine, nothing else, and boy did the media run with it. This story got so much traction it was even reported by CNN and other big-time news outlets.

What many of the news stories neglected to report is that the police believe he was under the influence of a substance that did not show up on the toxicology tests. The Solano County District Attorney even made it clear that he was not arrested for the caffeine in his system. But that didn’t stop the media from reporting the sensationalist headline: “CALIFORNIA MAN ARRESTED, CHARGED WITH DRIVING UNDE THE INFLUENCE OF CAFFEINE,” neglecting to mention (or leaving it as an afterthought at the bottom of the article) that the district attorney said it was not the caffeine that prompted the DUI charge. You can almost bet that this will become an urban myth with people swearing that you can be arrested for driving under the influence of caffeine.

A DUI WILL PROHIBIT YOU FROM VOLUNTEERING WITH CHILDREN

For five years Kayla volunteered with a local after-school reading program helping disadvantaged children improve their reading skills. Because the volunteer position was working with children, Kayla had to get the state-required clearance, which consisted of a fingerprint criminal background check, known as a “live scan.”

After Kayla got a DUI, the volunteer program was informed that Kayla’s clearance was revoked and that effective immediately, she could no longer volunteer with the program. Kayla was surprised to say the least. What does a first-time DUI have to do with helping under-privileged children learn to read? In order to continue as a volunteer, Kayla would have to apply for a criminal record exemption. Kayla was humiliated; she felt like she had just been accused of being a child molester.