DUI Blogger

As the holiday California DUI crackdown comes to an end, here is a list of the California DUI sobriety / driver’s license checkpoints scheduled to take place tonight and over the weekend.

New Year’s Eve:

• The LAPD will be operating DUI roadblocks in Hollywood at Hollywood Blvd. and Las Palmas Ave. from 8:00pm until 3:00am and in North Hollywood at Lankershim Blvd. and Chandler Blvd. beginning at 5:30pm.


• The CHP will be conducting DUI checkpoints in Winterhaven in an unincorporated area of Imperial County between 2:30pm and 10:30pm and in the Woodcrest area from 8:00pm until 2:00am. The CHP will also be operating checkpoints in Santa Maria at undisclosed locations and times tonight, Friday night, and Saturday night.


• The Porterville P.D. will conduct two to three sobriety checkpoints in the city at undisclosed locations and times.


• San Francisco Bay area law enforcement agencies are teaming up to operate DUI sobriety / license checkpoints in the cities of Alameda, Hayward, Newark, San Leandro, and Union City beginning tonight and running through January 3rd. They have also announced that they will have increased DUI patrols around the Oakland Coliseum on January 3rd, when the Oakland Raiders host the Baltimore Ravens.

Friday, January 1, 2010:

• The LAPD will operate its DUI roadblock in Los Angeles at South Figueroa St. between 8th and 9th Street from 6:00pm until 1:00am.


• The CHP will conduct its sobriety checkpoint in the unincorporated area of Santa Barbara in the South County from 8:00pm until 2:00am.


• The Lompoc P.D. will operate a DUI checkpoint from 6:00pm until midnight with the city limits.


• The Seal Beach P.D. will operate a DUI sobriety checkpoint in the south end of the city, beginning at 8:00pm.


• The Suisun City P.D. will conduct its sobriety checkpoint on southbound Sunset Ave. between Railroad Ave. and Pintail Dr. from 7:00pm until midnight.

Continue reading "California DUI Sobriety Checkpoint Schedule -- New Year's Eve Weekend" »

In another amazing affront to our country’s bedrock principle “innocent until proven guilty”, the Texas District Attorney is now posting DUI arrestees on Twitter. It’s not as if he’s posting the names of those convicted of DUI on the popular on-line social network, but he’s actually posting the names of those who have only been arrested for the charge. Well that seems fair…I mean, as a California DUI defense attorney, I never see anyone get falsely arrested for driving under the influence. HA!

Unfortunately, it’s not at all uncommon for the police to falsely accuse and wrongly arrest those they suspect of drunk driving. There are a wide variety of DUI defenses that exonerate those who the police arrest. In fact, I can think of at least 20 California DUI defenses just off the top of my head. These defenses effectively challenge officer’s observations, DUI chemical blood and breath test results, field sobriety tests (“FSTs”)…EVERY aspect of a DUI investigation and arrest.

Although publicly humiliating those arrested for DUI isn’t a new or novel concept, it invites severe repercussions for those who are falsely accused. But since when has that been a prosecutor’s concern…

The California Highway Patrol reported that it made 71 DUI arrests in Los Angeles County over the holiday weekend. And although this was more than double the number last year, there were no deaths reported.

Keep in mind these statistics are just for L.A. County…just for DUI arrests that the CHP made…and just from Christmas Eve. Statewide, the number of DUI arrests was in the high hundreds. And for the holiday period beginning December 18th until Christmas Day, the number of California DUI arrests was in the thousands.

For the last few weeks, California law enforcement agencies have been warning motorists that they would be conducting California DUI “saturation” patrols and would operate an increased number of DUI sobriety checkpoints. With all the grants that have been pouring into these agencies to combat drunk driving, police better respond with arrests.

Continue reading "Number of California DUI Arrests Up for 2009 Holiday Season" »

Because the holiday season results in an increased number of California DUI arrests, I thought I’d take this opportunity to remind you how the California DUI court process works in the unfortunate event that you are arrested for a DUI.

After the arrest, your first court date will be your arraignment. This is your first opportunity to plead not guilty and to obtain a copy of the police report. If you are charged with misdemeanor DUI, you don’t even need to appear in court, as your California DUI defense attorney can appear on your behalf.

Following the arraignment, there will be a series of pre-trial motions and hearings. It is during this time…which can last as long as several months…where you will receive more of the prosecution’s evidence, which is critical when trying to resolve your case during DUI plea bargaining.

Continue reading "Understanding the California DUI Court Process" »

As Christmas and the end of the holiday season approaches, we’d like to provide you with an end-of-the-year California DUI sobriety checkpoint schedule. The following DUI / driver’s license roadblocks are set to take place over the next week. Here’s as much information as we know.

There will be a DUI / driver’s license checkpoint on Friday in the city of Pomona.

On Saturday, December 26th, the following cities will conduct DUI / license checkpoints:
Redwood City - Baldwin Park - El Monte – Palmdale – Azusa – Lancaster – Altadena - Antelope Valley - LAPD Central Traffic, Harbor, and Southwest Divisions

The LAPD will operate a sobriety / license checkpoint from 8:00pm until 3:00am Sunday morning on Crenshaw Blvd. between Coliseum St. and West 39th St.

On Sunday, December 27th, the following cities will operate sobriety / license checkpoints:
San Francisco - Huntington Park - Lennox

Because California DUI laws provide that DUI checkpoints must give the public advance notice of an upcoming sobriety checkpoint, you can contact your local police, sheriff, or CHP office to try to find out more details about these listed DUI checkpoints.

After actually being convicted of a DUI, Jaimil Choudhry is now pleading guilty to a reduced charge. Before he was sentenced, Choudhry’s DUI defense attorney and the prosecutor decided to dismiss the DUI and instead to let Choudhry plead guilty to reckless driving. Why?

Because Choudhry’s attorney convinced the prosecutor that Choudhry, who is 5’10” and 230 pounds…which is technically “obese”…couldn’t properly perform his field sobriety tests. The defense team maintained that it was nearly impossible for Choudhry to stand on one foot due to his weight.

Continue reading "Man Uses His Obesity as a DUI Defense" »

We’ve talked quite a bit about the increase in California DUI sobriety checkpoints and other DUI patrols due to the holiday season. The fact is that boaters should be more cautious of increased patrols as well.

A common California holiday tradition includes boat parades. People decorate their boats with holiday lights and other festive decorations and then tour harbors, bays, and lakes, displaying their designs. San Diego, Newport, and Ventura are just a few of the cities that routinely partake in this tradition.

People who participate in these parades are often drinking, enjoying the festivities and holiday spirit. But boaters beware…boating under the influence is a crime under California Harbors and Navigation Code 655.

Continue reading "Boaters Beware of Holiday BUI Busts" »

Last week, California law enforcement officials launched their holiday crackdown on DUIs. The California Holiday Crackdown Campaign will operate over 300 California DUI sobriety checkpoints this holiday season through January 3, 2010. The campaign began on December 16, 2009 and is funded by a record $8 million in grants.

Local law enforcement agencies throughout the state are participating in the program in an effort to get drunk drivers off the road. However, the fact is that these checkpoints are very expensive to operate, pull a large number of officers off the streets, and typically only result in a few arrests.

California law enforcement officers have declared 2010 “the year of the checkpoint”. As a result, don’t be surprised if you run into more DUI roadblocks than you are used to. But keep in mind that California DUI sobriety checkpoints must adhere to very strict procedures. If they don’t, any arrests…and subsequent charges made in connection with an unlawful checkpoint must be dismissed.

With the holiday season underway, one thing is certain…the number of California DUIs will increase. If you find yourself in the unfortunate position of being arrested for drunk driving, it’s important to understand that pleading guilty to the charge or securing an acquittal are not the only two options. Oftentimes it may be in your best interest to try to negotiate for a reduced California DUI charge.

There are three general California DUI charge reductions. The first…and most common…is what’s known as a wet reckless. A “wet reckless” under Vehicle Code 23103 per 23103.5 VC offers less jail time, a shorter probation period, a shorter DUI school, and doesn’t require a mandatory driver’s license suspension.

Continue reading "Understanding California DUI Reductions" »

Kenneth Aragon, a 19-year veteran of the LAPD died earlier this month when he crashed his motorcycle after drinking at the police academy bar. Although the department wouldn’t release his exact blood alcohol concentration level, a Los Angeles Police Department spokesman said it was “well over the legal limit” of a California DUI.

The accident followed “payday Wednesday”…an unofficial but regular event held every other week to celebrate officer’s latest paychecks. This decades-old tradition has always been an allegedly rowdy event, involving drunk officers.

Department officials are evaluating this tradition, wondering if the bartenders that work at the academy are plying officers with too much to drink. Are you kidding me?

Continue reading "Cop Killed in DUI After Drinking at Academy Bar" »

As the holidays approach…with holiday parties already underway…California law enforcement agencies are stepping up their DUI patrols. This includes increasing the number of California DUI sobriety checkpoints that are on the road.

We know of at least three Southern California DUI sobriety roadblocks that are scheduled for this weekend. These include:

An LAPD DUI / driver’s license checkpoint that will operate on West Slauson Avenue between the 110 Freeway and South Broadway in Los Angeles. This sobriety checkpoint will be operated from 8:00pm on Friday to 3:00am on Saturday.

Continue reading "December 11-13th California DUI Sobriety Checkpoints" »

Two men (ages 21 and 24) pleaded guilty to charges under Penal Code 191.5a gross vehicular manslaughter while intoxicated last Friday in Pomona, California. The charges stem from an incident when a female passenger was killed last year when one of the men lost control of his car while they were street racing. Each man faces ten years in the California State Prison.

What distinguishes Penal Code 191.5a gross vehicular manslaughter while intoxicated from Penal Code 191.5b “ordinary” vehicular manslaughter while intoxicated is the level of culpability.

If the men hadn’t been racing…but were guilty of DUI and had an accident that caused the woman’s death…they could have alternatively been charged with DUI with injury or ordinary vehicular manslaughter while intoxicated. Both of these charges are “wobblers” which means prosecutors have the discretion to charge the offenses as either misdemeanors or felonies.

Continue reading "Southern California Men Plead Guilty to Gross Vehicular Manslaughter while Intoxicated" »

There are at least four California DUI sobriety / driver’s license checkpoints scheduled for this weekend. Here is what we know:

The San Bernardino Police Department will conduct its sobriety / license roadblock from 6:00pm tonight until 2:00am Saturday morning at the intersection of Baseline Rd. and Medical Center Dr.

The Rancho Cordova Police Department will operate its DUI sobriety checkpoint from 8:00pm tonight until 2:00am Saturday morning at an undisclosed location in the city of Rancho Cordova.

The Lake Elsinore Police Department will conduct a sobriety / license checkpoint from 6:00pm until midnight tonight at an undisclosed location in the city of Lake Elsinore.

The Oakland Police Department will operate a drunk driving / driver’s license checkpoint from 6:00pm tonight until 2:00am Saturday morning at an undisclosed intersection in the city of Oakland.

If you encounter a California DUI sobriety / driver’s license checkpoint…and have been drinking…always be polite, respectfully decline to answer any questions, respectfully decline to take any field sobriety tests, and respectfully decline the mini handheld breathalyzer test…following these steps is your best bet when it comes to fighting a California DUI.

Defensive superstar Carlos Dunlap of the Florida Gators was arrested for DUI early yesterday. Police approached his car when it was stopped at an intersection while he had a green light. Dunlap was allegedly found asleep, slumped over his steering wheel. As expected, the police reported that he failed his field sobriety tests. He also reportedly refused to submit to a chemical DUI blood or breath test.

At first glance, the “evidence” against Dunlap looks pretty bad. However, DUI charges are always worth fighting! Maybe he was suffering from a medical condition that caused him to pass out behind the wheel…maybe he was fatigued from practice which is why he “failed” his FSTs…maybe he was, in fact, DUI but the officers didn’t follow the proper legal procedures…procedures that compromised the integrity of the entire DUI case.

Continue reading "Florida Gators Carlos Dunlap Arrested for DUI" »

As if California DUI laws weren’t strict enough, commercial drivers face an even harsher set of drunk driving laws. Commercial drivers who are arrested for a California DUI not only risk a one-year suspension of their commercial driver’s license for a DUI, but possibly a lifetime suspension as well…even if the DUI wasn’t while the driver was driving a commercial vehicle.

California Vehicle Code 23152d prohibits an individual from driving a commercial vehicle with a BAC of 0.04% or greater. Commercial drivers are subject to this law, to the California DUI statutes that apply to the general population…that is, Vehicle Code 23152a driving under the influence and Vehicle Code 23152b driving with a BAC of 0.08% or greater…and the law preventing an individual from refusing to submit to a California chemical DUI blood or breath test.

While a commercial driver faces the same general DUI penalties as anyone else, he/she faces an even greater driver’s license restriction. For a first DUI offense, he/she faces a one-year commercial driver’s license suspension. For a second offense, he/she faces a lifetime commercial driver’s license suspension. Such a suspension will obviously have a huge impact on a commercial driver’s ability to earn a living.

Continue reading "Commercial Drivers Face Tougher California DUI Laws" »