Recent Posts in DUI Category

Criminal Law Update

Driving Under the Influence

-CDL Suspension/Restriction

Further research regarding the recent amendment to CVC Sections 13352, et. al. has answered some questions.  It has, however, also raised more questions.

It appears that amended CVC Section 13352(a)(3) allows a conviction triggering suspension for only some types of DUI convictions (i.e., 2^nd offense driving under the influence of alcohol only). However, it also appears that the APS suspension [§ 13353.3(b)(2)] has remained the same.  This means that an individual cannot get a license after only a 90 day suspension unless he/she wins the APS hearing. 

This amendment seems both pointless and confusing.  Apparently, however, some form of emergency legislation aimed at clarifying this issue is pending.  Please wait to be advised.         

As a continuation of my previous criminal law articles concerning California Driver's License restrictions, what follows is the new California Vehicle Code Section 13352, et.al:

As of July 1, 2010, these new amendments, particularly CVC § 13352(a)(3), indicate that an individual convicted of a 2^nd offense driving under the influencemay, under certain circumstances, be able to reduce his CDL suspension from 1 year to 90 days.

Although no one is happy to have their license suspended for 90 days, there is a big difference between 90 days and 1 year.  The question that will be addressed next is: What effect does this have on the 1 year APS restriction?  

Amendment to California Vehicle Code Section 13352.5(a)(3):  The person completes not less than 90 days of the suspension period imposed under paragraph 3 of subsection (a) ofCVC § 13352. The 90 days may include credit for any suspension period served under subsection (c) of CVC § 13353.3.

This replaces previous CVC § 13352.5 insofar as it changes from a mandatory 1 year suspension to a mandatory 90 day suspension in 2^nd time DUIs.  This may mean that under certain circumstances, an individual may be able to acquire a restricted license sooner - Stay tuned for Part 2 of this discussion.   

[Effective July 1, 2010] Amendments to California Vehicle Code Sections 13352, 13352.5, 23109, 23550, 23550.5, 23552, 23566 and 23568:

The ultimate purpose of these changes will result in some people being able to get their California Driver's License back earlier than before.   

According to California Highway Patrol reports, DUI arrests in Orange County over the July 4^th holiday dropped slightly from 2009. 

While 57 people were arrested for suspicion of drunken driving on Orange County freeways over the 2009 holiday weekend, only 51 were arrested during the same period this year.  Fortunately, no Orange County fatalities within theCHP jurisdiction were reported in 2009 or 2010.  Statewide, however, CHP reported over 1200 people were arrested for driving under the influence and 24 people were killed in alcohol-related accidents (80% of which were not wearing seatbelts) during the 2009 4^th of July holiday weekend.           

Effective July 1, 2010, a new California law applicable in four counties requires those convicted of driving under the influence to install a breathing tube and ignition interlock device on their vehicles. 

The installation of this device, which prevents the vehicle from starting if alcohol is detected on the person's breath, will be required of all first-time and repeat offenders in the Counties of Alameda, Los Angeles, Sacramento and Tulare.

The cost to the DUI offender is estimated to be $125 for installation, $60 per month for maintenance and $45 for administration fees.  A low-income program, however, is available for those who cannot afford these fees.      

Charges of drunken driving were dropped against a 54-year-old Dana Point woman after it was determined she was "not lawfully arrested."

According to the Newport Beach officer's report, the woman was stopped in March 2009 for having a broken rear license plate light.  The arresting officer (a second officer was waiting in the patrol car) indicated he observed the objective symptoms of intoxication, including the odor of alcohol and bloodshot eyes, while speaking with the woman.  A breath test subsequently yielded a .12 blood alcohol level and the woman was arrested for suspicion of driving under the influence. 

As discovered during DMV proceedings, however, the patrol car's own video "clearly demonstrated" the light was on and functioning properly.  No probable cause, thus, existed for the stop making the arrest unlawful. 

While comments are not forthcoming from city officials, the city did agree to reimburse the woman for her attorney's fees and towing costs.      

POSSIBLE WAYS TO BE STOPPED FOR DRUNK DRIVING OR
DRIVING UNDER THE INFLUENCE:

While everyone is familiar with the typical probable cause(s) for a DUI stop (i.e., weaving), CVC 23111 provides that "no person or no pedestrian shall throw or discharge from or upon any road or highway or adjoining area, private or public, any lighted or non-lighted cigarette, cigar, match or any flaming or glowing substance." 

Although this section appears to be self-explanatory, the question exists: "Does this apply to flicking an ash out the window?"

Update:

The Anaheim police officer charged with three DUIs in less than a year, has resigned.

According to reports, the 37-year-old now former officer faces up to 2 ½ years in jail if convicted of the three counts of driving under the influence of drugs alleged in his three pending cases.

According to OC Watchdog, the Orange County Register was overwhelmed with stories regarding DUI arrests of police officers after its recent story about the arrest of an Orange County deputy for suspicion of driving under the influence hit the newsstands. 

The story sparking such response detailed an incident in which an off-duty deputy was involved in a traffic accident then allowed by his fellow deputies to simply drive away after the collision report was taken.  A mere 35 minutes later, the deputy crashed into another car injuring its elderly occupants.  It was only at this point he was investigated and arrested for drunken driving.   

In following up with the tips, OC Watchdog spotlighted what it described as an even worse case involving an Anaheim officer who picked up three DUIs between March 2009 and March 2010. 

According to reports, the officer was first arrested for alleged driving under the influence of prescription drugs on March 18, 2009, after hitting the right shoulder on the 405-Freeway and nearly colliding with a CHP squad car.  While this case was pending, he was arrested twice more on DUI charges.  The officer's January 21, 2010 arrest involved a single-car accident in Huntington Beach while the most recent, occurring on March 2, 2010, involved the officer smashing into 4 parked cars in his Costa Mesa neighborhood.  The impact tore his vehicle's right wheel off its axle and the officer was treated at the hospital for minor injuries.

The officer has been on leave from the Anaheim Police Department, for undisclosed reasons, since November 2008.  Inexplicably, this administrative leave was changed from unpaid to paid in November 2009.                

The Orange County Sheriff's deputy who crashed into a planter in front of Supervisor Bill Campbell's home last December has been charged with DUI and is scheduled to be arraigned next month.

According to reports, the off-duty deputy consumed several alcoholic beverages at a friend's house then lost control of his vehicle while driving home.  His blood alcohol level is alleged to have been 0.13 percent almost two hours after the accident.  He was also found to be in possession of Xanax for which he did not have a prescription.

The Orange County District Attorney's Office has charged the deputy with misdemeanor counts of driving under the influence of alcohol, driving with a blood-alcohol level greater than 0.08 percent and possession of a controlled substance without a prescription.  The deputy has returned to full duty pending a personnel investigation.       

Another Orange County Deputy Sheriff was arrested earlier this month for suspicion of felony driving under the influence causing injury after crashing into an elderly couple’s vehicle and sending it into a tree in Laguna Niguel.        

According to reports, the deputy, a 13-veteran of the Sheriff’s Department, was also involved in an accident with a Lexus in Dana Point just 33 minutes before.  The deputies responding to this crash, however, simply took a report and sent both drivers on their way. 

An investigation is pending, though, it has been revealed a concerned citizen called 911 that night to report his erratic driving and was following the deputy’s car until police arrived.

This is the second high-profile DUI arrest for an Orange County deputy in less than a year.  The harbormaster was arrested for a DUI and reassigned in April 2009 after crashing an unmarked sheriff’s car into the back of a vehicle at a stoplight.  Her blood alcohol level was said to have been nearly twice the legal limit.         

A recent investigation conducted by the Investigative Reporting Program at UC Berkeley and California Watch has found  DUI checkpoints in  California are more effective in increasing profits for a number of police departments than in catching drunken drivers.

According to reports, in 2009, many  checkpoints actually netted more car impounds from unlicensed drivers than arrests related to driving under the influence.  In fact, the number was up 53 percent from 2007.  The towing fees and police fines related to these impounds amounted to approximately $40 million dollars.  In addition, the crackdown on  DUIs generated an estimated $30 million in overtime pay to police officers.

The investigation also revealed the majority of these impounds involved minority drivers, many illegal immigrants.  It has been suggested this is due to police frequently conducting checkpoints in and around neighborhoods with a predominantly Hispanic population.  Whatever the reason, such impounds seem at odds with a 2005 federal appellate court ruling preventing the police from impounding cars solely based on the driver being unlicensed. 

The state grant funding  DUI checkpoints in Orange County has netted another seven arrests for suspicion of driving under the influence. 

The checkpoint, conducted last weekend on Pacific Coast Highway in Seal Beach, also resulted in the impound of ten cars, arrests for driving on a suspended license as well as fifteen separate citations for various other violations. 

Newport Beach police arrested a man in the early morning hours of Tuesday on suspicion of driving under the influence.  According to reports, the man was driving northbound on East Coast Highway when he drove his Escalade onto the curb, knocked over a parking sign and crashed into a brick planter before proceeding back onto the road.  He then continued another block before again jumping the curb, destroying another parking sign, sideswiping a palm tree, hitting a bus stop bench and coming to a stop inside a Corona Del Mar business. 

A DUI checkpoint in Newport Beach last Saturday netted 6 drunken drivers and 2 other non  DUI arrests.  The checkpoint, which was just one of many expected to be executed throughout Orange County as a result of the recent grant from the California Office of Traffic Safety and the National Highway Traffic Safety Administration, was strategically positioned near bars and restaurants in the area.  Drivers stopped by officers were also given an educational brochure on driving under the influence.      

A  DUI crash in  Orange sent 10 people to the hospital with minor injuries.  According to reports, a minivan driven by a 21-year-old Garden Grove man collided with a sedan and then an OCTA bus.  Following a police investigation, the minivan driver, who was among those taken to the hospital, was arrested on suspicion of felony driving under the influence.

According to reports, the man has recent prior convictions for drunken driving,  hit and run as well as domestic violence.  He has also been cited in the past for  driving without a valid license and being a passenger in possession of alcohol.  At the time of this accident, the man, still on probation for his prior DUI, was driving on a suspended license and had two outstanding  warrants for his arrest.               

The New Year’s holiday brought an increase in Orange County DUI arrests.  According to CHP reports, between December 31, 2009 and January 3, 2010, 69 drivers were apprehended for driving under the influence of alcohol.  Fortunately, however, no DUI-related deaths were reported.  By comparison, only 59 such arrests, one of which involved a fatality, were made from December 31, 2008 to January 4, 2009.   

Police departments throughout Orange County will be upping the number of DUI checkpoints this holiday season, and in 2010, thanks to recent state grants totaling over $400,000. 

This increase in sobriety checkpoints is part of a statewide effort to target drunk drivers as well as people with outstanding warrants and suspended licenses.  According to reports, in order to obtain the money, cities must agree to execute at least one checkpoint per month and otherwise increase efforts to combat drinking and driving during the Christmas-New Year holiday and Labor Day weekend.  Costa Mesa, Fullerton, Irvine, Orange and Westminster are among several Orange County cities on board to participate.

While over 200,000 DUI arrests were made last year, Orange County ranked high in the number of alcohol-related accidents involving death or injury.  In fact, Santa Ana ranked 5^th highest in this category among California’s largest cities.      

News reports suggest Tiger Woods may have been driving under the influence at the time of his recent car accident. 

According to an unnamed witness, Woods was drinking alcohol earlier in the day and also has prescriptions for both Ambien and Vicodin.  The witness is believed to be the same individual who pulled Woods from his wrecked vehicle.  Police attempted to obtain Woods’ medical records to confirm the information, however, lacked sufficient evidence to attain the necessary subpoena.

Speculations persist that the single-car accident, in which Woods hit a fire hydrant and a tree in the early morning hours of November 27, 2009, stemmed from a dispute between Woods and his wife.  Despite ongoing rumors, however, no charges of domestic violence have been, or are expected to be, filed against either party.  Rather, authorities cited Woods for “careless driving”, imposed a fine of $164 and closed the case.