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Orange County law enforcement agencies have been aggressively tackling the DUI problem for several years now, pushing for more saturation and grants for DUI checkpoints. Officers on foot patrol have also been put in place in an effort to, according to officials, help intoxicated individuals get rides home.

According to the Office of Traffic and Safety, in 2011 Huntington Beach was number 1 out of 56 California Cities, with alcohol-related collisions. More recently, The State Office of Traffic and Safety has once again released information suggesting that Huntington Beach has the most alcohol-related crashes in California.

The Huntington Beach Police Department has complained that there is one bar in particular being linked to excessive drunk driving arrests. According to authorities, within a 22- month period, 72 individuals were arrested for driving under the influence after leaving this particular bar. There are two other bars in Huntington Beach that come in second and third as being linked to the most arrests for DUI in Orange County.

Obviously, these particular establishments are being watched by law enforcement agencies. There are officers who are trained as DUI specialists, trained to seek out drivers who are drinking and driving. So if they know that a particular bar has been linked to several dui related accidents that is where they will be waiting and watching.

Other top ranking cities were Costa Mesa, City of Orange, Fullerton, Mission Viejo, Irvine and Garden Grove. In 2010, Huntington Beach was ranked at number 16 and Santa Ana was the top ranked Orange County City at number 8. Newport Beach and Fullerton were also mentioned in the ranking.

All Orange County law enforcement agencies beef up their DUI campaigns during the holidays. This year, during the 4th of July holiday, the “Avoid the 38″ crackdown on DUI was expanded from Wednesday through Sunday, because the Fourth of July fell on a Thursday. This resulted in 240 arrests for being made for allegedly driving under the influence. The “Avoid the 38” name refers to the 38 law enforcement agencies in Orange County.

In other counties, such as Sacramento, law enforcement agencies have begun sending under cover officers into bars, posing as patrons, and looking for people who appear to be intoxicated. They follow them out to their car, and once they get in and drive away, they call officers who are waiting in marked police cars and give them the description of the vehicle and the individual. The officers in the marked cars then locate the car and proceed to pull them over and arrest them.

Whether it is a DUI checkpoint or a roving patrol, there is no doubt that arresting officers make mistakes. Breathalyzers and field sobriety tests are unreliable in that the breathalyzers results are easily manipulated and the field sobriety tests are strictly subjective. Although the officers who conduct the roving saturation patrols are “trained to look for signs of impairment”, they are not experts; they are human beings capable of making mistakes and misjudging.

Anyone who has been arrested for a DUI should contact an experienced DUI Defense Attorney. A good Orange County Criminal Defense Attorney, specializing in DUI’s will examine the stop, the tests administered and the details surrounding the arrest to determine whether or not the arresting agency followed proper procedures.

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Most individuals arrested for driving under the influence are employed and have families that depend on them. If convicted, the consequences can be an enormous burden on one’s life and can jeopardize the job that provides the income for the family. For this reason, alternative sentencing is something that should be considered.

If you have been convicted of a DUI there are options for alternative sentencing. Some of these may include:

Community Service: Community service can sometimes be an option when negotiating with the district attorney in an effort to lower the charges.

Caltrans Work Program: The Caltrans Work Program is another option, generally set as a condition of probation. The Caltrans Work Program involves cleaning up litter along the roadways, clearing brush and cleaning graffiti where needed.

Sober Living Programs: As an alternative to jail, I will often suggest a sober living program rather than jail. These programs provide housing, alcohol and drug counseling, education and employment assistance.

House Arrest with Electronic Monitoring: House arrest or home confinement allows an individual to continue their regular activities, such as going to work, attending school and caring for children or other family members.

Private Jail or Work Furlough: There are a few private jails in that often allow work furlough privileges and are a nicer alternative to county jail. These facilities can be expensive but much less disruptive to one’s life.

The option for alternative sentencing depends largely on whether this is your first conviction for dui, second, third or more.

In California, we have what is called Sentence Enhancements. What this means is that if convicted of DUI, under certain circumstances the Court can impose a greater penalty. Those circumstances include: 1) Prior Convictions – If convicted of a DUI within the last ten years, jail time, DUI school and license suspension periods are increased. Two priors within ten years results in even further penalty increases and if you have three or more, you will be charged with; 2) High Blood Alcohol Level: A BAC level of .15 or higher, results in an enhanced sentence; 3) Test Refusal: There are two consequences to refusing to take a chemical test. The amount of jail time is increased and the DMV will impose their administrative suspension of your driving privilege; 4) Speeding and/or Reckless Driving: At the time of arrest, a sentence enhancement will be imposed for 20 mph over the speed limit on a surface street and 30 mph over the limit on a freeway.

A conviction for DUI can carry long lasting effects on a person’s life and for that reason, it is important for anyone facing a DUI conviction, to have experienced legal representation. A good Orange County Criminal Defense Attorney, who has expertise in DUI arrests, will make every effort to have the charges reduced and/or dismissed. A key factor in choosing an attorney is to look for an attorney who is familiar with the Court in which the case is pending, as well as the other Courts in that County. A good relationship with the Judges, District Attorneys, Court Clerks and other personnel can influence a positive outcome and ensure that you get the best possible result.

Anyone who has been arrested for DUI, needs an attorney who is skilled and will gather the appropriate evidence, know how to use it intelligently and efficiently, and render the best possible outcome for their client.

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DUI, or driving under the influence, charges are typically charged as misdemeanors. However, some DUI’s can be charged as felonies. The circumstances under which an arrest for DUI may result in a felony filing, may include the following:

1. DUI Manslaughter – This is also referred to as vehicular manslaughter while intoxicated with gross negligence. The penalty, if convicted depends upon the circumstances but can be up to 1 year in county jail, or 4,6 or 10 years in state prison. However, in a situation where someone has one or more prior convictions for driving under the influence or, certain other vehicular felonies, the sentence can be 15 years to life in state prison. DUI manslaughter can also be charged as murder under certain circumstances. Anytime someone is convicted of a dui, the judge will advise the defendant of the dangers of driving under the influence and, caution them that if they do it again and it results in the death of another person, they may be charged with murder.

2. DUI causing serious injury – Someone who drives while intoxicated and who causes injury to another person, is sometimes referred to as a “wobbler” charge. A “wobbler” means that it can be charged as either a felony or misdemeanor. However, prosecutors typically pursue the charge that carries the most punishment, but the deciding factor typically depends upon how serious the injuries of the other person are. If the situation is such that a complete dismissal is unattainable, and the case is filed as a felony, the obvious focus is on having the felony reduced to a misdemeanor.

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Driving Under the Influence or DUI is considered a serious offense in California and the Prosecution pursues the penalties and punishments seriously. Orange County specifically is extremely strict when it comes to prosecuting those charged with this offense. Recent statistics have shown that there are approximately 13,000 DUI arrests per year in Orange County alone.

When I meet with clients who are facing a possible conviction for driving under the influence, I am extremely aware of the fact that a conviction for DUI can carry long lasting effects on a person’s life. This is why I always advise anyone who contacts me for advice to hire an experienced DUI defense attorney. My goal is always to make every effort to have the charges reduced and/or dismissed. A key factor in my success has been that I am familiar with all of the Courts in Orange County; I have a good relationship with the Judges, District Attorneys, and Court Clerks. I have developed these relationships over the past 20 plus years practicing criminal defense law in Orange County, California. These positive and mutually respectful relationships can often times influence a positive outcome and ensure the best possible result.

DUI, or driving under the influence, charges are typically charged as misdemeanors. However, some DUI’s can be charged as felonies. A DUI that is charged as a Felony usually involves DUI manslaughter; DUI causing serious injury; 3rd DUI conviction within 10 years; and 4th DUI conviction at any time. Drunk drivers who cause injury, or DUI with injury is sometimes referred to as a “wobbler” charge, which means that it can be charged as either a felony or misdemeanor. However, prosecutors typically pursue the charge that carries the most punishment. In this type of situation, my experience has given me the tools and knowledge that is necessary to determine whether there is a possibility of having a felony charge reduced to a misdemeanor.

A conviction for felony DUI carries a much more serious punishment than a misdemeanor DUI. A misdemeanor first offense DUI can be punishable by up to six months in the county jail, whereas a felony DUI can carry a year or more in state prison sentence.

My first priority is always to look closely at the police report and at the conduct of the investigating officers. Specifically, any misconduct or violation of rights must be taken into consideration. Further, if a field sobriety test was performed, and this is what the arrest was based on, it should be challenged due to the fact that field sobriety tests are subjective, basically the opinion of the officer performing the test. If a roadside Breathalyzer is used, this must also be looked at carefully as the results are unreliable and there are too many ways to skew the results.

The law does require that anyone being arrested for suspicion of DUI must take a chemical test. Blood or breath, at the police station, are the two choices. However, there is no legal obligation for anyone to perform a field sobriety test or roadside, handheld breath test. If a breath test was used at the police station, the maintenance logs of the breath machine need to be examined. If blood was taken, the attorney may want to employ the services of an expert to perform a “Blood Split”, which can help determine the blood alcohol level at the time of the stop rather than at the time the blood was taken. This can sometimes result in a lower blood alcohol level.

Anyone who has been arrested for DUI, Driving Under the Influence or Drunk Driving, needs an attorney who is skilled and will gather the appropriate evidence, know how to use it intelligently and efficiently, and render the best possible outcome.

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As the summer approaches, students head home from college and that California fun in the sun state of mind sets in, Orange County law enforcement agencies are gearing up for one of the busiest DUI seasons.

In an effort to crackdown on impaired drivers, the Santa Ana Police Department will begin their summer campaign. This actually doesn’t really end until after Labor Day. Saturation Patrols and DUI Checkpoints will be utilized to apprehend drivers who are driving under the influence of alcohol and/or drugs.

DUI Roving Saturation Patrols and DUI Checkpoints are now regularly used tools in the Sheriff’s Department’s efforts to crack down on drunk drivers. However, law enforcement officials believe that roving patrols are more effective than DUI checkpoints. The deputies working the roving patrols are trained specifically to identify impaired or intoxicated drivers and look specifically for signs of impairment. The California Office of Traffic Safety funds these roving patrols.

DUI Checkpoints, also known as, Sobriety Checkpoints, are roadblocks, set up temporarily on public streets, to catch drunk drivers and to cite others for Vehicle Code violations. The police departments conducting these checkpoints must adhere to strict guidelines, which have been established by the Courts. Anyone who is arrested for DUI, at a sobriety checkpoint, should contact an experienced DUI attorney to determine whether the checkpoint was conducted according to the guidelines. If the police department conducting the checkpoint did not follow the guidelines properly, the checkpoint is determined to be unlawful and any evidence obtained during the arrest may not be admissible in Court.

What Are The Guidelines For Conducting a DUI Checkpoint?

1) The establishment and location of the checkpoints must be decided by supervisory police officers, not officers in the field;
2) Police must use a neutral mathematical formula, such as every driver or every third, fifth, or tenth driver to determine who to stop;
3) Proper lighting, warning signs and signals, and clearly identifiable official vehicles are required;
4) The location chosen must be most effective in actually stopping drunk drivers, such as roads which have a high incidence of alcohol-related accidents and arrests;
5) The time and duration of sobriety checkpoints are also important;
6) High visibility is required so that the drivers can easily see the nature of the roadblock as they are approaching;
7) Each motorist stopped should be detained only long enough for the officer to question the driver briefly and to look for signs of intoxication; and
8) Sobriety checkpoints must be announced to the public in advance.

Most people don’t know that you may avoid a checkpoint, if you come upon one. You may choose to turn and go around the checkpoint rather than going through it. The Supreme Court has ruled that motorists who want to avoid a roadblock may do so and not be subjected to being detained merely because they attempted to avoid the roadblock. The motorist must have committed a vehicle code violation or displayed obvious signs of intoxication for there to be probable cause to pull the motorist over.

Anyone who is arrested at a DUI checkpoint in Orange County should contact an experienced DUI Criminal Defense Attorney to determine whether or not their Fourth Amendment rights against unreasonable searches and seizures, were violated.

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Up until last week, the law allowed police officers to forcibly draw blood from any person suspected of driving under the influence, if that person refused to voluntarily submit to a chemical test of their blood, breath or urine. The U.S. Supreme Court has now determined that “forced blood draw” is a violation of the Fourth Amendment warrant requirement.

A 1966 U.S. Supreme Court decision made an exception to the Fourth Amendment warrant requirement in DUI related forced blood draws. It basically stated that no warrant is required to forcibly draw a person’s blood if the arresting officer believes that the person is driving under the influence. The rationale was that blood-alcohol evidence is time sensitive because alcohol dissipates quickly in the bloodstream, and the time it would take to obtain a warrant would affect the evidence, the evidence being the blood.

On April 17, 2013, the U.S. Supreme Court limited the 1966 decision to say basically that police officers must follow the Fourth Amendment requirement to obtain a warrant before forcibly drawing blood from a DUI suspect. It further went on to say that there is no automatic exception to the warrant requirement as stated in the 1966 case and that quick dissipation does not warrant the exception to the Fourth Amendment. However, it did provide that not every situation would require a warrant and that it should be determined case by case, after taking into consideration all of the circumstances in any individual case.

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Do prior convictions for DUIs in other states qualify as priors in California?

The answer is yes, but, according to California law, it must be a “qualifying offense”, meaning that the prior must have the same elements as a conviction for DUI in California. What this means is that in order to be convicted for DUI in California, the prosecution must prove two basic elements: 1) That you drove, and 2) That you drove with a blood alcohol level of .08 or higher. Other states have similar or the same elements. So, if you have had a DUI in another state, where the elements are different, it would not qualify as a “qualifying conviction” and therefore, could not be considered a prior for purposes of an enhanced sentence in California.

In a recent case entitled People v. Self, the trial court allowed a prior Arizona conviction for DUI to enhance his conviction in California. Self appealed the conviction on the grounds that Arizona’s DUI elements are different. Arizona law states that you are in violation by “the slightest impairment from drugs or alcohol.” California law states that you are dui if your blood alcohol is .08 or higher. Clearly the elements are different.

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If you have been arrested for driving under the influence in Orange County, there are two separate proceedings that are triggered by the arrest. One is the court proceeding and the other is the Department of Motor Vehicles suspension hearing. These proceedings and hearings are independent of each other and each has their own set of rules.

Once arrested, the arresting officer will take your drivers license away and issue you a temporary license. The temporary license is good for 30 days and provides important information. One very important piece of information is that you have only 10 days from the date you are arrested to request an Administrative Per Se Hearing with the Department of Motor Vehicles. The hearing will be scheduled approximately 30 to 60 days out and your driving privilege is then extended until after the hearing and a decision has been made. You have a right to have an attorney represent you at the DMV hearing, as well as throughout the Court process.

The benefit of having an attorney represent you in both the DMV hearing as well as the Court hearing is that, an experienced DUI defense attorney will be familiar with the laws associated with the stop, detention and tests associated with an arrest for driving under the influence. Police reports can reveal very important information about the stop and ultimate arrest that may be beneficial to the defense of a driving under the influence charge. Police Officers have strict guidelines as to the procedures they must follow when stopping and questioning someone for DUI. If the report is not properly documented or there are inconsistencies, an experienced DUI defense lawyer will use these inconsistencies or errors in an attempt to have the case dismissed.

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When someone has been arrested for driving under the influence, the arresting agency submits a report to the Orange County District Attorney for their review and ultimate filing of charges. It may seem pretty straight forward in that someone has been pulled over, given a test and then determined to be driving under the influence. However, there are five main pieces of evidence that the district attorney is relying upon when determining whether or not to file charges. To follow is an explanation of the evidence, and how it is relied upon, when determining whether or not to file charges against someone who has been arrested for DUI.

1. The police officer’s observation of the accused’s driving: Someone who is driving too slow or too fast, straddling the lines or weaving in the lanes.

2. The police officer’s observations of the accused’s personal symptoms: The odor of alcohol, slurred speech, watery eyes, swaying and/or off-balance.

3. How well the accused performed the field sobriety tests: These tests are designed to determine balance and coordination. Although field sobriety tests are not required, most people don’t know this and comply when asked to perform the roadside field sobriety tests. These tests are difficult to pass, even for a sober person and are subjective. They are based on the officer’s opinion on how well they were performed and thus are unreliable.

4. The statements the accused makes after being pulled over: When the officer asks whether or not the accused has had anything to drink, the response will obviously is evidence.

5. The blood alcohol results: When trying to determine whether or not someone is driving under the influence, there are two “road-side” tests the officer can perform. Neither of which, by the way, is required by law. One is the field sobriety test mentioned above; the other is the roadside Breathalyzer. This is a handheld device used by officers in the field to assist them in determining whether or not to arrest a suspected drunk driver. These tests are also unreliable in that they are not considered 100% accurate.

What most people don’t know is that, both the field sobriety test and the hand-held, roadside Breathalyzer tests can be refused without any legal repercussions. However, In the event that a person refuses to submit to either of these road-side tests, the officers can then make a determination that you are under the influence, arrest you and then require you to take a chemical test of your breath, blood or urine at the station. It should be noted that urine tests are only used when a breath or blood test is unavailable. Law requires the chemical test at the police station, unlike the roadside test, and if refused, the officers can then forcibly take blood to determine whether or not you were driving under the influence of alcohol and/or drugs.

There are guidelines that law enforcement personnel must follow when detaining and questioning someone for DUI. It is important to understand that if these strict guidelines are not followed and documented, your attorney may be able to have the charges dismissed.

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In California, if you are charged with driving under the influence, whether it is alcohol or drug related, the prosecution could add to the charges what is known as sentence enhancements. These enhancements can substantially increase the severity of the punishments imposed by the Court. Here are some of the more common enhancements:

DUI Sentence Enhancements

1. Prior Convictions – If you have been convicted of a DUI within the last 10 years, the penalties are increased. So this means that the jail time imposed can be increased, the length of the DUI School, and your driver’s license suspension period are both increased. On a first conviction for DUI, a 3 month DUI school is standard, unless your blood alcohol level was very high, and in that case, the class will be six or nine months. Your driver’s license suspension period on a 1st DUI is six months.

2. High Blood Alcohol Content – An enhanced sentence can be imposed if your blood alcohol level is .15 or higher.

3. Test Refusal – The Court will increase the amount of jail time you are ordered to do if you refuse to submit to a chemical test. Further, the Department of Motor Vehicles will impose a one-year suspension of your driver’s license for refusing. The Court proceedings are separate from the DMV proceedings. If it is determined by the DMV that you refused to submit to a chemical test, your license will be suspended for one year. There is no negotiating with the Department of Motor Vehicles when it comes to a refusal.

4. Speeding and/or Reckless Driving – If you were speeding at the time of your arrest for DUI, sentence enhancements can be imposed. If you were on a surface street, you must have been travelling 20 miles over the speed limit and 30 miles over the speed limit on the freeway for enhancements to apply.

5. Minor Passenger – If at the time you are arrested for DUI, you have a minor child, under the age of 14 years, you may be subject to an enhancement charge or the additional charge of child endangerment. If you are convicted of DUI with a minor child in the car, the additional time you may face is as follows: a) 48 hours for a first time DUI; b) 10 days for a second DUI; c) 30 days for a third DUI and d) 90 days for a fourth DUI conviction.

6. Accident – If you are involved in an accident while driving under the influence, sentence enhancements will be imposed. If the accident results in injuries to another, the prosecution can file felony charges. If you are convicted of DUI involving an accident, along with felony DUI for causing injuries, the time you may be facing is an additional 90 days to one year.

The prosecution typically will include as many enhancements in the charges as are applicable. For purposes of a plea bargain, an experienced DUI defense attorney will begin negotiations with the District Attorney, in an effort to get all of some of the enhancements dismissed. This will significantly reduce the jail time exposure, as well as reduce the fines and penalties associated with sentence enhancements.

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