A Story: Michelle was involved in a serious accident at an Orange County intersection. Witnesses reported that Michelle caused the accident when she ran a red light. The occupant of the vehicle Michelle hit was killed. Michelle was injured and transported by ambulance to the hospital. At the hospital, a nurse administered a narcotic to Michelle to subdue her pain. The narcotic affected Michelle’s awareness. Shortly after she arrived at the hospital, a police officer who was assigned to investigate the accident responded to Michelle’s hospital bed to question her about the accident. As the offi ..read more

Whether you think this is a good thing or another step towards a “Big Brother” future, there is an effort to make drunk driving detection a standard feature in all new cars.  New technologies allow impaired driving detection through sensors that can monitor the driver’s eye movement as well as touch and breath sensors that detect alcohol. We already have breath sensors (Ignition Interlock Devices (IIDS)) that many who are convicted of drunk driving are required to install. Reportedly there are approximately 250 such technologies which use smell, touch, camera and/or audio or visual detect ..read more

The holidays are upon us – don’t ruin your merriment by driving under the influence. Now is the time to consider your plans. Do you have a designated driver? Is ride sharing an option? Or how about resolving not to drink more than one drink (or none is better) at that Christmas party? Drinking impairs a person’s judgment and that is often why someone gets behind the wheel when they shouldn’t. You should have a plan for your holiday celebrations that includes a strategy for getting back home without getting behind the wheel if you are going to drink. California law enforcement typically see a 2 ..read more

According to the National Highway Traffic Safety Administration (NHTSA) 13,384 people died in drunk driving related incidents in 2021 (the latest year for which the statistic is available).  This number, according to the NHTSA, represents one-third of all traffic-related fatalities and equates to approximately 37 individuals who die per day as a result of drunk driving.  Approximately 40 percent plus of the drunk drivers who were killed were ages 16 to 24 years old, with 21 to 24 -year-olds having the most drunk driving accidents in the United States. According to Mothers Against Dru ..read more

If you have been arrested for a DUI in California, you may be wondering if the police can search your vehicle. The answer is not always straightforward. In general, the police can only search your vehicle if they have probable cause to believe that the search will yield evidence of a crime. This means that they must have a reasonable belief that you have committed a crime, and that the evidence of that crime is in your vehicle. Here are some examples: Scenario One: You have been stopped for a traffic violation. The officer smells alcohol on your breath and believes you are over the per se limi ..read more

If you are convicted on a DUI (driving under the influence of alcohol or drugs) violation in California, you will be required to attend DUI classes as part of your sentence. The court may also order additional terms of your DUI probation such as attending AA meetings or community service. Failure to abide by the terms of your probation order can result in a number of consequences. Typically, what happens after the court orders probation on a DUI conviction is that the DUI probationer is required to report his or her progress and/or completion of probation terms. Failing to complete any of the ..read more

For over four years now in California, ignition interlock installations are required after an arrest for driving under the influence of alcohol (even  for first-time offenses) if the driver wants to avoid a temporary suspension of his or her license to drive and mandatory for almost all D.U.I. convictions. The ignition interlock law has been heralded as a “win-win.” The law allows a driver to avoid a suspension of driving privileges and makes it near impossible for that driver to drive under the influence of alcohol as long as the device is installed. But, how effective has the mandatory ..read more

In California, a first-time driving under the influence (DUI) is a misdemeanor offense. However, there are a few exceptions where even a first time DUI may be charged as a felony. Under Vehicle Code section 23550.5, subdivision (b) a conviction for a first time DUI within a ten-year period can result in a felony conviction punishable by imprisonment in state prison if the defendant had been previously convicted of gross vehicular manslaughter while intoxicated (Penal Code section 191.5) or vehicular manslaughter (Penal Code section 192.5). While section 191.5 has the element of intoxicati ..read more

A DUI arrest may surprise the casual drinker. That happened to my client Linda. She is not a big drinker but several years ago she had two glasses of wine while out to dinner. She drank those glasses over the hour-long dinner and thought she was fine to drive. She exited the parking lot onto PCH and got stopped because she failed to use her turn signal. Linda is a small woman and those two glasses of wine put her just over the BAC limit of 0.08%. She was shocked when she got arrested for driving under the influence. But this post is not about Linda. This post is about most of the DUI clients t ..read more

Is driving while high on marijuana as dangerous as driving under the influence of alcohol? Obviously, how much alcohol or marijuana matters. A driver who has a .19 blood alcohol content (BAC) is almost certainly going to be a more dangerous driver than someone who took two hits of marijuana. There are far fewer studies on the effects of driving under the influence of marijuana compared to the years of research on how alcohol affects a driver. Experts who study the impacts of driving while high are still sorting it out. One thing is clear: fatal vehicular accidents involving a driver under the ..read more