Articles Posted in DUI

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Did you know that you can get a DUI for operating a boat while intoxicated? According to the California Department of Boating and Waterways, the same rules that apply to driving a car also apply to operating a boat. A person who is operating a boat cannot have a blood alcohol level of .08% or higher, or else they will be charged with a DUI. If a person under 21 is operating a boat with a blood alcohol level of .01% or higher, they will get their license suspended.

The California Department of Boating and Waterways also reminds you that drinking while on a boat gives you a false sense of warmth because you actually lose body heat when you drink. Additionally, drinking and operating a boat leads to poor judgment and slow response time which can ultimately lead to more boating accidents.

Since it is summer and many Californians own boats, I guess its a good reminder to the residents living in Laguna Beach, Huntington Beach, Newport Beach not to drink and operate boats.

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Early Thursday morning, a drunk driver was driving through a residential part of Trabuco Canyon when he hit a light pole. After hitting the light pole he decided to flee the scene, running through a resident’s backyard. The homeowners heard the commotion and ran outside to see what was happening. They saw the man running and detained him until officers arrived. The man was taken to the hospital and then jail for suspicion of drunk driving.

A good attorney would check the lab results immediately to see if in fact the suspect was drunk. Even if he was not drunk, fleeing the scene of an accident can carry some criminal charges with it, whether you live in Irvine, Newport Beach or Fullerton.

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A Fountain Valley man, was stopped in front of a Newport Beach restaurant on suspicion of driving under the influence.  The individual says he was just waiting for his car at the valet station when police stopped him. Police claim that they had received a call that someone was driving drunk so they stopped him as he was pulling into the restaurant. He had a .18% blood alcohol level at the time of his arrest. At trial, nobody testified that he had been driving, but he was still convicted of a DUI and was sentenced to jail time, an alcohol program and probation.

A good attorney would argue that since no one testified at trial that he was driving, he should not have been convicted of a DUI.

The humorous (albeit sad) part of the story was that during the field sobriety tests, he told officers he needed to use the restroom. As is common police procedure in every city, including Laguna Hills, Fullerton or Irvine, no one can use the restroom until they are taken to jail. The rule is such because suspects may have to take a urine test in jail so officers can get an accurate blood alcohol level reading. He asked several times if you could use a nearby restroom but could not hold it any longer and wet himself during the tests. He claims he is going to sue the city for $100,000 for the pain and suffering he was put through by the officers.

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In the city of Gardena this weekend, volunteers of the Safe and Sober Summer Campaign were offering free water bottles to drivers as they were waiting at red lights in busy intersections. This program is geared towards quenching the community’s thirst so that they don’t have to reach for liquor and then drink and drive. Additionally, on hot summer days when violence is high, water can cool off hot tempers and hopefully reduce violence and crime in the community. One driver even exchanged a can of beer for the bottle of water, proving that the program is effective. Volunteers of the program have all come from troubled backgrounds and are ready to help resolve problems in the community instead of causing them.

I think that this program is a great idea that should be implemented in Orange County cities such as Westminster, Garden Grove and Santa Ana. Crime and DUI’s are higher in summer months because people are hot, irritated and bored. Someone offering free water bottles and a smile to drivers may change someone’s mood and make them think twice before doing something that could get them in legal trouble.

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Last week, the Los Alamitos City Council discussed possibly charging drunk drivers who cause accidents, up to $1,000 more in fees. In addition to the court, attorney and DMV fees DUI offenders already pay (that sometimes exceed $10,000), the city wants to charge for the fire, ambulance and police assistance that may be required if the offender causes an accident. Already, a few Orange County cities including Anaheim, Huntington Beach and Costa Mesa have a similar program. The city of Westminster has had a similar program for about 10 years and says it recovers about 60% of the costs of a DUI accident.

Some people argue that DUI fees reach between $10,000 and $15,000 already and most DUI offenders cannot afford anymore. Others argue that DUI offenders should pay for the costs that they incurred, instead of the city having to pay for it. Either way you come out on the issue, DUI accidents affect everyone involved, so if you get a DUI, please call an attorney right away to help you through the legal system.

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An older article in the OC Register caught my eye today. At Mission Viejo High School in Southern Orange County, the drama department put on a performance of a “mock DUI accident” in April of 2009. The school, along with the Orange County Sheriff’s Department and many other agencies, wanted to show high school students what a mangled car and bloody victims look like, in hopes to scare them into not drinking and driving. The performance included the actor’s decision to drink and drive, the fatal accident, a few injured and dead victims and the legal ramifications that followed for the drunk driver.

I think that this sort of performance should be done in all high schools and colleges throughout Orange County, including Irvine, Garden Grove, Westminster, Anaheim and Fullerton. Looking at the pictures in the article, the accident looked so real. The authenticity of the DUI performance along with the fact that the actors were fellow classmates, likely left a lasting impression in the minds of the youth. Let’s hope that the message lasts until they are actually old enough to drink.

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On Thursday in Fullerton, a man was pulled over by cops for a routine traffic stop. Once stopped, Mr. Robert Castro threw a methamphetamine pipe out of the car. After giving officers his driver’s license and being questioned for a few minutes about suspected drug use, he decided to try and run from the cops. After a short chase, police officers used Taser darts to subdue the suspect. He was then taken to the hospital. He was later charged with driving under the influence and resisting arrest.

When most people think of DUI’s, they think the person has consumed too much alcohol. However, often people forget that if someone is under the influence of drugs while driving, they will also be charged with a DUI. This applies no matter if you are stopped by officers in Irvine, Fullerton, Anaheim or Newport Beach.

It is also important to note that fleeing from the cops is a huge crime and comes with additional charges and penalties. Instead of resisting arrest, suspects who are arrested should call a trusted and reliable defense attorney to help them through the legal process.

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Jeffrey Donovan, star of the cable hit TV show “Burn Notice” was arrested in Miami Beach for DUI. He told the cops he felt the effects of the alcohol, combined with Benadryl, an allergy medication that has the side effect of drowsiness, particularly when mixed with alcohol.

Driving DUI is dangerous, mixing drugs with it even more so. Judges in Orange County look harshly upon people who have been arrested in this scenario. An experienced DUI attorney in Orange County, whether in Newport Beach or Westminster or Santa Ana, will look to see the timing of the stop, look to see what drug screens were performed by the crime lab in order to determine if the drugs had any effect on driving performance. Additionally, a person could face separate charges of being under the influence of a controlled substance, which carries jail time.

It would be interesting to see if the actor was asked to perform Field Sobriety Tests by the police. Orange County courts will allow testimony about a person’s performance on these tests if administered correctly.

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A Costa Mesa man pled guilty to a DUI and hit-and-run this Monday that occurred in Newport Beach, and was sentenced to 163 days in jail, three years probation, alcohol classes and a revoked license. James Arlen Peterson was driving drunk in Newport Beach on July 10th. He hit a woman who was standing by her car and kept driving until he ended up in the ocean. He then got out of the car and tried to swim away from the shore. Police helicopters and lifeguards saw the fully clothed man in the ocean and eventually rescued him. After being checked at a local hospital, he was arrested and taken to jail.

It is amazing that Peterson was not injured after driving into the ocean. Hopefully the victim did not sustain substantial injuries from the hit-and-run.

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According to Mothers Against Drunk Drivers, DUI drivers across the nation (and by extension in Orange County, California) have driven drunk 87 times on average before they are finally arrested.

So when I hear from people that they have NEVER driven drunk before they were arrested, I’m skeptical. What this means to Orange County residents, whether living in Newport Beach, Irvine, Orange, Fullerton or Santa Ana, is that the person at the side of the road being questioned by the police, particularly later in the evening, has likely avoided this scenario over 80 times in the past.

A person charged with DUI in Orange County has the right to due process and should hire a capable DUI attorney who practices in Orange County and knows all the courts well. There are many instances when the police simply get it wrong when they make an arrest.

An example of this are the Field Sobriety Tests. This is a collection of “divided attention” tests that police officers are supposed to give to suspected DUI drivers in Orange County. But the tests are subjective. That is, they are given by the officer and the “results” are interpreted by the officer anyway the officer sees fit. If he or she thinks a person should be able to stand on one leg for 30 seconds, but can’t, the officer can include that “failure” as part of their subjective, personal belief that the driver is DUI. That is one of many reasons that a person charged with DUI in Orange County should call a qualified, experienced DUI attorney who handles cases from Fullerton, to Irvine, to Westminster and Santa Ana.

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