Orange County DUI Lawyer Blog
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 lost their lives during that period due to alcohol or drug impaired driving. This year we are likely to see higher numbers since the 4th of July holiday period is longer than it was in 2023.
The CHP and other law enforcement agencies run “Maximum Enforcement Periods” during holidays, the Fourth of July being one of them. This year, most Southern California locales will run Maximum Enforcements Periods through July 7 since Independence Day falls on a Thursday and many people will be taking a long holiday weekend. During Maximum Enforcement Periods, CHP and local law enforcement agencies put added patrols on the road specifically to target speeders, reckless drivers, and impaired drivers.
Expect more checkpoints too. During the 2023 4th of July period, there were 19 checkpoints in Orange County alone. Even though checkpoints are legal in California, that doesn’t mean you have no rights. When you pull up to a checkpoint, the officer will usually ask you if you have been drinking. During this brief encounter, the officer will be looking for signs that you, the driver, are impaired. It could be the smell of alcohol or marijuana, or slurred speech, or any number of signs officers are trained to detect. If the officer suspects that you are impaired, you will be asked to pull over where the officer will conduct a further investigation.
But remember, the officer must have a reasonable suspicion that you are impaired and that suspicion must be more than a hunch. If you are asked to pull to the side, you are within your legal rights to ask the officer to explain his or her reasonable suspicion. Let’s say, for example, you had one glass of wine, and you are under the 0.08% blood alcohol content (BAC) limit, but the officer smelled the alcohol on your breath. That is a legitimate cause for reasonable suspicion. On the other hand, if the officer cannot enunciate any reasonable suspicion other than, for example, you look sleepy, you may have grounds to challenge that if you do indeed end up being arrested for driving under the influence.
Once you are asked to pull to the side, the officer will ask you to participate in field sobriety tests (FSTs) and, in most cases, to blow into a device for a preliminary BAC reading. You DO NOT have to participate in the FSTs or the preliminary breath screening. These screening are used to help establish the officer’s suspicion but don’t help you in any way.
Even if you haven’t had a thing to drink, you might think twice about participating. The officer has to have probable cause to arrest you for DUI and then arrest you before you must cooperate with a BAC screening. If you are sober and you politely decline to participate in preliminary screenings, the officer will have a hard time justifying an arrest. On the other hand, if you are under the influence, even if only slightly, the preliminary screening will not help you, even if you think you can pass the screenings.
However, if you are placed under arrest, you must submit to the screening or risk enhanced penalties and losing your license for a time. The problem with these screenings is that you will be separated from your vehicle, and if you have no sober driver to whom you can turn over the keys, your vehicle might be towed. Furthermore, you will be taken to the police station for a blood or breath screening. You will be subject to this even if you participate in FSTs and don’t pass because you will be placed under arrest.
If you feel certain you are safe to drive, whether to participate in the FSTs will require your assessment of the circumstances. Let’s say you only had one glass of wine and you blow a 0.05% on a preliminary breath test. Will you be arrested and be subject to the relinquishment of your vehicle and a trip to the polices station? You might. It will be dependent on a number of factors, too varied to discuss in this post.
In another example, say you blow a 0.00% but the officer is convinced you are under the influence of drugs and still arrests you. As long as the officer has probable cause to believe you are under the influence of something and can articulate that probable cause, you can still find yourself on the way to the police station for a blood test.
Clearly, unless you are sober – that means no alcohol and no drugs – you not only present a danger to yourself and others but may find yourself one of the 1,200.
A DUI is no fun, but Orange County DUI defense attorney can make it a little easier. He has defended countless DUI drivers in his near 30 years as an attorney in Orange County and he always strives to achieve the best outcome for his clients. He is available for a complimentary consultation to discuss your DUI matter. You can contact him at his Irvine office at 949-474-8008 or by emailing him at bill@williamweinberg.com.