DUI Blogger

Adrian Pasdar, one of the stars of the show “Heroes” was arrested early Wednesday morning on suspicion of DUI. Although he refused to submit to a chemical blood or breath test, he allegedly smelled of alcohol, “failed” his field sobriety tests (FSTs), and was driving erratically. Because of these facts, Pasdar faces increased California DUI penalties.

The California Highway Patrol observed Pasdar on the 405 San Diego Freeway driving over 90 miles per hour and straddling two lanes. When they pulled him over, they smelled the alcohol within the car.

If Los Angeles Prosecutors convict Pasdar of DUI, he will likely face at least 96 hours in a county jail. This is because factors such as excessive speed and refusing to submit to a blood or breath test are considered aggravating circumstances. Each aggravating circumstance typically results in a minimum 48-hour jail sentence in addition to whatever other DUI penalties are imposed.

As a practical matter, DUI defense attorneys oftentimes are able to negotiate DUI diversion sentences that eliminate these jail requirements.

Late last week, police arrested a Tennessee man for his third DUI. While there’s nothing particularly noteworthy about that, what is interesting is that he was driving home from DUI school at the time.

DUI school (otherwise referred to as alcohol and drug education programs) are required when an individual is convicted of DUI charges. It is supposed to educate participants on the dangers of drinking and driving.

In California, these DUI schools range in length from 12 hours to 30 months, depending on:

1. how many DUIs you have suffered within a ten-year period, and


2. whether your blood alcohol concentration (BAC) was particularly high (California considers a .20 an “aggravating” factor that increases the length of the DUI program).

Many argue that DUI school is a waste of time…that true alcoholics need more help than DUI school offers and that even first-time offenders don’t always take the classes seriously. If the instructor realizes that you are under the influence during the class, he/she will excuse you from the program and violate your probation.

As a Los Angeles DUI defense attorney, people frequently ask me the following question: If I’m stopped for DUI, should I take a blood/breath test or refuse to do so? And here’s how I respond: It depends.

If you can live without your driver’s license for a year, then politely refusing to submit to a chemical blood or breath test is a good choice. I say this because the California DMV will automatically suspend your driver’s license for a minimum of one year (more if it’s your second or subsequent DUI arrest) if you refuse to submit to a blood/breath test.

But if you can suffer that consequence because either (1) you can rely on friends/family to drive you, or (2) have a good public transportation system, prosecutors have a difficult time proving refusal cases. Often times the arresting officer can’t articulate exactly why he/she believed you were DUI. And even when he/she can, a good drunk driving defense lawyer can usually challenge those observations.

If you can’t give up your driving privilege, then take a test…but only at the station, not a hand-held test in the field. And opt for the breath test, as it’s much easier to effectively dispute the accuracy of breath test results over blood test results.

Hope this helps!

Since California has designated 2010 the “year of the DUI checkpoint”, California DUI arrests will undoubtedly be on the rise. And with DUI arrests come DMV driver’s license suspensions. This is a friendly reminder that you only have ten days to request a DMV DUI hearing in order to keep your driver’s license.

When you are arrested, the cop takes your driver’s license and replaces it with a pink paper. This pink paper acts as a temporary driver’s license, valid for 30 days beyond your arrest. Your driver’s license will automatically be suspended at that time if you don’t request a California DMV DUI hearing.

You only have ten days from the date of your drunk driving arrest to request this hearing. If you contact the DMV within this timeframe, your suspension will be postponed until your hearing. Typically your California DUI defense attorney will represent you at this hearing to explain to the DMV hearing officer why you were falsely arrested for DUI…and therefore should have your driving privilege reinstated.

Here are a few of this weekend’s upcoming California DUI sobriety checkpoints that have already been publicized:

The Los Angeles Police Department will operate a DUI checkpoint on Saturday, January 23rd between 6:00pm and 1:00am on Manchester Avenue between Hoover and Figueroa Streets.

The Placentia Police Department will conduct a sobriety checkpoint on Saturday, January 23rd from 6:00pm until 1:00am. Placentia P.D. have announced that they will arrest drivers who are DUI and that unlicensed drivers’ cars will be impounded for 30 days.

Continue reading "California DUI Sobriety Checkpoint Schedule: 1/22-1/24" »

California DUI sobriety checkpoints aren’t “criminal investigations”, they’re simply tools to help deter drunk drivers…at least that’s what the California Supreme Court said when it held that sobriety checkpoints are legal despite the fact that people are being stopped without probable cause.

The court got around that issue by requiring that California DUI checkpoints must adhere to certain guidelines in order to be legally valid. One of the guidelines that regulate these California DUI checkpoints is that their location be publicly advertised.

Why then are the police so upset that people are “tweeting” and “texting” each other to spread the word about a checkpoint’s location? Public awareness is, after all, important in “deterring” DUIs…

Continue reading "The Outrageous Hypocrisy behind DUI Sobriety Checkpoints" »

In an effort to combat underage drinking and DUI, Arizona will set up DUI sobriety checkpoints to target underage drinkers returning from Mexico. If successful, other states will no doubt quickly follow suit. The legal drinking age is 18 in Mexico, although local establishments rarely, if ever, ask for anyone’s ID. This makes cities like Tijuana, Mexicali, Tecate, and Juarez popular hangouts for the “under 21” American crowd.

Teens from California, Arizona, Texas, and New Mexico frequent these Mexican cities to party, drink, and then drive home. If caught driving, these underage drinkers face a variety of penalties.

Continue reading "State Agencies Step Up Underage DUI Enforcement" »

And we’re not talking about any ordinary cop…we’re talking a DUI / sobriety checkpoint officer and a trained drug recognition expert. And to top it off, he had an open container of alcohol in his car. Does the old adage “do as I say, not as I do” come to mind?

Officers discovered Officer John Quigg (a 24-year veteran with the Pennsylvania Police Department) slumped over and unresponsive after he crashed his car into a pole last month. He was off-duty at the time and driving his personal car. Quigg was placed on administrative leave following the accident.

Quigg’s attorney made a statement that Quigg was very stressed, “dealing with the senseless loss of lives and limbs in a recent rash of fatal crashes”. While I can imagine that he could absolutely feel that way, becoming part of the problem is hardly the answer. And even more disturbing is the fact that his personal stress is supposed to draw sympathy for someone who clearly knew first-hand how destructive his behavior could be. I would love to know how many DUI suspects he released instead of arrested based on their stress levels…as a Los Angeles DUI defense attorney I can guess the answer is pretty close to none…shameless, isn’t it?

Last week, Mariah Carey accepted an award at the Palm Springs International Film Festival while she was visibly under the influence. Carey was giddy, her behavior was a bit erratic and her speech was slurred. But here’s the question – was Mariah Carey “drunk in public”?

And the answer is no…at least not according to Penal Code 647(f) California’s “drunk in public” law. This is because Penal Code 647(f) California’s “drunk in public” law prohibits

1. being intoxicated to the point that you are a safety risk to yourself or others, or


2. being so intoxicated that you obstruct or prevent others from using public areas.

As long as you aren’t so impaired that you meet either of the above criteria, being “drunk in public” is not a criminal offense in California. If it were, the police would be inundated with arrests at nightclubs, bars, sporting events, concerts, and any other venue where alcohol is commonly served.

So the answer to the question is that even though Mariah was publicly drunk, she was not guilty of being drunk in public.

Having declared 2010 “the year of the checkpoint”, California law enforcement agencies will no doubt be on the lookout for DUIs. Coming off of a holiday DUI crackdown that included over 300 DUI sobriety checkpoints and DUI saturation patrols, California drunk driving arrests are up.

And, unfortunately, along with DUI arrests come DUI pleas. Naïve individuals plead guilty at the outset, assuming that just because their blood alcohol concentration (BAC) was above the legal limit means that they are guilty of DUI. THAT IS NOT NECESSARILY THE CASE!!!

DUI breath tests…the most popular California DUI chemical test…are by no means always reliable or trustworthy. DUI breath testing instruments are frequently plagued by error, which can result in completely inaccurate readings. Human error with respect to the instrument’s operation…physiological errors that the breath testing machines aren’t sophisticated enough to recognize…environmental errors that contaminate BAC results… the list goes on and on.

Continue reading "Don't Let the Numbers Fool You..." »

One of 2010’s new California driving laws relates to television and broadcast signals. Known as California Assembly Bill 62, this law allows you to drive with a television or video monitor as long as the equipment prevents the driver from watching the screen while operating the car in “a safe and reasonable manner”.

However, automakers and high-tech companies are about to introduce their newest developments…like 10-inch screens above the gearshift showing high-definition videos, 3-D maps, and Web pages directly to the driver. These “infotainment systems” will hit the market this year and are expected to be “standard” features before long.

So how will California’s new law jive with this new technology? In all honesty, probably in a slew of tickets and an increase in accidents. As people crave technology…and ignore laws such as driving while holding a cell phone or “driving while texting”…public safety is frequently compromised.

Continue reading "Mixing California's New Driving Law and Technology: A Recipe for Disaster" »

As 2010 begins, California drivers face a new set of laws. There are two that deal specifically with California DUI law.

The first relates to California ignition interlock devices (“IIDs”). Ignition interlock devices are mini-breathalyzer instruments that prevent your car from operating unless and until you provide an alcohol-free breath sample.

As of July 1, 2010, any driver convicted of a DUI…even a first offense…must install an IID on his/her car in order to obtain a restricted California driver’s license (“restricted” licenses are discussed below). This law is a “pilot program” that will only be enforced in Los Angeles, Sacramento, Alameda, and Tulare.

Continue reading "New California Driving Laws for 2010" »

A 21-year old Temecula woman was arrested for DUI early Sunday morning after she overturned her vehicle, injuring her passenger. He reportedly suffered moderate to major injuries.

Depending on what the California Highway Patrol investigation reveals, prosecutors could charge the woman under Vehicle Code 23152 driving under the influence or Vehicle Code 23153 driving under the influence causing injury.

If the accident occurred as any “typical” accident would…and the driver just happened to be DUI at the time…prosecutors will most likely charge her with a non-injury DUI. Even if this is the case, she will likely face a sentencing enhancement for injuring her passenger.

Continue reading "San Diego Woman Arrested for DUI Following Crash" »

A Lawndale man is wanted on suspicion of DUI and a fatal hit and run that took place this past weekend. The Los Angeles Times reported that after hitting a big rig on the 10 freeway, the driver of a BMW fled on foot, leaving his 20-year-old passenger to die, and another passenger and the driver of the truck to deal with their moderate injuries.

The L.A. Times didn’t include facts to explain why the California Highway Patrol suspected the driver of DUI. But if the CHP’s suspicion is confirmed, the driver not only faces felony hit and run charges…which subject him to up to four years in the state prison and a fine of up to $10,000…but to Penal Code 191.5 PC “vehicular manslaughter while intoxicated” charges as well.

Continue reading "Los Angeles Man Wanted for Fatal Hit and Run Following DUI" »

As a Los Angeles DUI defense attorney, people frequently ask me if it’s worth fighting a DUI charge if their BAC was above the legal limit…and my answer is always a resounding YES!!!

Just because a California DUI blood, breath, or even urine test reports that your blood alcohol concentration (BAC) is 0.08% or above doesn’t mean that it actually was. There are a variety of factors, such as machine failure, procedural errors, physiological issues, and even outside environmental influences that can all contaminate blood, breath, or urine samples. And the fact of the matter is that each one of these factors can result in a falsely high BAC level.

So if you have the misfortune of being popped for a DUI over the holiday weekend as a part of the California DUI “saturation” patrol, don’t despair…all hope is not lost! And so I repeat…regardless of how high your reported BAC is, your DUI charge is ALWAYS worth fighting.