DUI Blogger

Here’s some information about the latest California DUI sobriety / driver’s license checkpoints for the weekend.

Friday, July 30th
The California Highway Patrol will conduct a DUI /driver's license checkpoint beginning at 8p.m. at an undisclosed location in El Dorado County. Additional CHP officers will be assigned to roving patrols in the checkpoint areas to seek out the DUI drivers.

The Cypress Police Department will be conducting a DUI / driver’s License checkpoint from 8p.m. to 3 a.m. within the city limits.

The Temecula Police Department will be conducting a driving under the influence / traffic safety checkpoint at an undisclosed location within the City of Temecula from 8p.m. until 2a.m.

The LAPD will be operating a DUI sobriety / driver’s license checkpoint from 8p.m. to 2a.m. on Slauson Avenue between Buckler Avenue and Edgemar Avenue in Los Angeles.

Saturday, July 31st
The El Cajon Police Department will be conducting a DUI / driver’s license checkpoint at approximately 7p.m. until 2a.m.

The LAPD will be running a DUI / driver’s license roadblock from 8p.m. to 2a.m. on Cahuenga Boulevard West at Broadlawn Drive in North Hollywood.

The Redlands Police Department will conduct a sobriety and driver’s license checkpoint from 10p.m. until 3a.m. in the eastbound lane of San Timoteo Canyon Road, between Fern Avenue and Refuse Road.

The San Jose Police Department will conduct a sobriety and driver license checkpoint in the City of San Jose from 9p.m. to 3a.m.

The Escondido Police Department will be holding a DUI / driver’s license checkpoint from 6p.m. to 1a.m. in the City of Escondido.

The Norco Office of the Riverside County Sheriff’s Department will conduct a DUI / driver’s license safety checkpoint in Norco from 7p.m. to 3a.m.

The Roseville Police Department will be conducting a DUI roadblock from 6p.m. until approximately midnight at an undisclosed location.

For the more “general” announcements, you can call the corresponding law enforcement agency a couple of hours before the scheduled DUI roadblock to find out more specific details.

And remember, just because you are arrested for DUI at a checkpoint doesn’t mean that you are automatically guilty as charged. California sobriety checkpoints must adhere to very strict requirements. If they don’t, your arrest and subsequent case may be dismissed. Be sure to consult with a California DUI attorney immediately following a sobriety checkpoint arrest.

Drive safely!

First time “typical” misdemeanor California DUIs generally don’t trigger bail. If you are arrested for this type of DUI, you will most likely be released from jail on citation or on your own recognizance as soon as you sober up enough to drive.

However, if the case is aggravated…if, for example, you are involved in an accident…you will generally be required to post bail in order to be released from jail. The amount of bail is predetermined by a local bail schedule, each county having its own.

But let’s say that you weren’t responsible for the accident. Why then should you be penalized for something that wasn’t your fault? You shouldn’t. In cases like this…or for that matter, in most cases…you might want to request a California bail hearing.

A California bail hearing gives you the opportunity to ask the judge to lower your bail or to release you on your own recognizance (which means based simply on your promise to return). Most California bail hearings take place at the arraignment and are informal in nature…you or your attorney simply tells the court why you should benefit from a reduced bail (or from having no bail).

California DUI law is primarily regulated under Vehicle Code 23152 VC. Vehicle Code 23152 VC establishes two distinct laws: Vehicle Code 23152(a) VC driving under the influence and Vehicle Code 23152(b) VC driving with a blood alcohol concentration (BAC) of 0.08% or greater.

Vehicle Code 23152(a) VC California’s “driving under the influence” law penalizes driving “under the influence”. You are under the influence regardless of what your BAC reveals if you are unable to drive with the caution characteristic of a sober person.

Vehicle Code 23152(b) VC California’s “driving with a BAC of 0.08% or greater” law penalizes just that…driving with a BAC of 0.08% or greater regardless of whether you are “under the influence”.

Unless a suspect refuses to submit to a DUI chemical blood or breath test, most people arrested for a California DUI are charged with both sections, which carry the exact same penalties. In fact, whether you are convicted of one or both of these charges, California law only sentences you as if you were convicted of one.

And despite the fact that these laws are proven in very different ways, prosecutors often rely on each to help prove the other. In fact, the court instructs the jury that they may (but are not required to) presume that if you were driving with a BAC of 0.08% or greater, you were also under the influence.

Obviously, suffering a California drunk driving conviction is never a good thing. You face substantial fines, participation in alcohol and/or drug education classes, car insurance repercussions, and…depending on the severity of the offense…sometimes even a jail or prison sentence.

But perhaps one of the harshest penalties is the possibility of losing…or never obtaining…a professional license. Whether you’re convicted of a DUI, drug charge, theft charge, or almost any other California crime, your livelihood is at risk.

For example, the California Department of Real Estate may suspend or revoke your license for a DUI conviction…even if you have the conviction expunged or go so far as to obtain a pardon. And the California Department of Real Estate isn’t the only agency that will suspend or revoke your license for a criminal conviction.

The medical profession, the dental board, attorneys, teachers…these are just a sample of the professions that discipline members for their criminal conduct. If you are arrested for any California crime, you should immediately consult with a California criminal defense attorney to protect yourself from these often unduly harsh penalties.

As the weekend approaches, officers throughout California are placing themselves in “DUI mode”. DUI sobriety checkpoints, DUI saturation patrols, and DUI officers will be operating in full force, trying to make as many DUI arrests as possible.

But don’t assume that just because you’ve been arrested for drunk driving means that you must plead guilty to drunk driving.

Vehicle Code 23152(a) California’s “driving under the influence” law is very subjective. When an officer pulls someone over at night on the weekend, he/she already has a biased opinion that the driver will most likely be DUI. The officer then conducts a so-called “investigation” with that already in mind.

Regardless of the actual circumstances, they pretty much assume anyone who has been drinking any amount of alcohol is DUI…and that’s not the case. Vehicle Code 23152(a) California’s “driving under the influence” law only punishes driving under the influence. And just because you’ve been drinking does not mean that you are affected to the point that you can’t safely drive a car.

Fatigue, allergies, illness, intimidation, car troubles, distraction…the list is endless. Any of these factors can influence the way you drive and can mimic the effects of alcohol. And a skilled California DUI defense attorney knows the most effective ways to convince prosecutors, judges, and juries that just because an overzealous officer personally believed you were driving under the influence does not mean that you legally were.

California professional boards discipline their members when they are convicted of crimes that are “substantially related to the qualifications, functions, or duties of their professions”. I don’t think anyone can reasonably argue that this rule is irrational. It furthers an important public policy.

So now let’s take a look at the definition of a “substantially related” conviction. A substantially related conviction is one that "evidences present or potential unfitness of a licensee or registrant to perform the functions authorized by his license or registration in a manner consistent with the public health, safety, or welfare." Still valid.

What is invalid and completely illogical is how courts apply this definition to criminal activity. For example, a criminal conviction can affect a California pharmacist’s license. A California pharmacist can lose his/her license for suffering a DUI. And it’s not just DUIs, courts have held that lewd acts with a minor, reckless driving, and rape are all “substantially related” to the qualifications, functions, or duties of a pharmacist, entitling the Board to discipline its members for these types of convictions.

This connection is ludicrous. I could certainly understand how a drug offense would logically relate, but think that the definition of “substantially related” has been expanded too far. Looking at this definition, virtually any criminal conviction can result in a license suspension or revocation.

Whether you’re a California pharmacist, a dentist (see my July 8th blog for information on that), a doctor, a lawyer, a teacher, etc…it doesn’t matter. If you are a professional charged with any criminal act, you should immediately consult with an experienced California criminal defense attorney to help protect your career.

Last week, Chris Simms was arrested in New York for allegedly driving under the influence of marijuana. He pled “not guilty” and refused the prosecution’s offer of a $500 fine, three days of community service, and a six-month driver’s license suspension.

If Simms had been arrested for driving under the influence of any drug other than marijuana, he would have also likely been charged for being under the influence of a controlled substance.
In California, for example, Health and Safety Code 11550 HS California’s “under the influence of a controlled substance” law prohibits being under the influence of a controlled substance in “any detectable manner”.

“Any detectable manner” is a lesser standard than that used in California DUI cases which require impairment to such a degree that you can’t drive with the caution characteristic of a sober person.

Because Health and Safety Code 11550 HS California’s “under the influence of a controlled substance” law uses this lower standard of impairment, it is common for someone who is charged with driving under the influence of drugs to simultaneously be charged with this offense as well.

However, marijuana is not considered a “controlled substance”, which exempts a user from prosecution under this code.

Yes, that’s right. Even though it sounds unduly harsh (and utterly ridiculous), the Dental Board of California may suspend your California dental license based on a misdemeanor conviction.

The Board takes disciplinary action against any dentist who suffers a conviction (a felony or misdemeanor) that is “substantially related to the qualifications, functions, or duties of being a dentist”. Okay, that makes sense. But how is a DUI substantially related to those duties?

It’s really not. The Board has determined that a dentist who suffers two or more misdemeanor convictions involving the consumption of alcoholic beverages has engaged in “unprofessional conduct”...and that’s how they justify it.

I definitely think one can make the argument that just because one has too much to drink at a social gathering (or in this case, two) and then drives home doesn’t mean that his/her professional judgment should necessarily be called into question.

One’s personal and professional life is many times separate and distinct. One’s professional reputation should be built on just that…his/her professional decisions and actions.

If you’ve been arrested for a DUI and are in jeopardy of losing your California dental license, it is critical that you immediately contact a criminal defense attorney who specializes in California DUI defense.

Vehicle Code 23152 VC California’s DUI law and Penal Code 148 PC California’s “resisting arrest” law are frequently charged in the same criminal complaint. Often times a person who is intoxicated may be less inhibited than a sober person and may therefore feel more comfortable resisting or otherwise obstructing the officer who is trying to arrest him.

But what if the person is so drunk that he doesn’t even realize what he is doing? Surely there is a legitimate case for a DUI under those circumstances, but is there for a resisting charge as well?

Penal Code 148 PC California’s “resisting arrest” law prohibits willfully delaying, obstructing, or otherwise resisting an officer who is engaged in the performance of his/her duties. If a drunk driver is legitimately drunk, is he necessarily willfully delaying an officer if he gives false information or could he simply be too drunk to recall the correct information? Does he necessarily willfully resist an officer who is trying to arrest him or could it be that he is so under the influence of drugs that he doesn’t realize what’s actually happening?

Certainly there is an argument to be made here when the charges coincide…

A Beverly Hills Judge sentenced actress Lindsay Lohan to serve 90 days in a county jail and a consecutive 90 days at an inpatient drug/alcohol treatment center for a probation violation. This probation violation stems from a 2007 conviction for being under the influence of cocaine, DUI, and reckless driving.

The judge imposed this punishment because she believed that the actress violated the terms and conditions of her California probation sentence when she didn’t attend her regularly scheduled alcohol classes, missed a May court date, repeatedly “lied” to the court, and “didn’t take her case seriously”.

Lohan made a tearful plea in court, stating that she believed she was in compliance with her probation because she had received permission to miss and reschedule many of those classes due to her “on location” work as an actress. The judge had specifically called the alcohol program, instructing the administration that Lohan was to attend weekly meetings.

Lohan had already been granted a one-year probation extension because she wasn’t able to complete her alcohol education classes during the initial three-year probation period.

She is set to surrender to the Lynwood county jail on July 20 where she will likely serve less than one-quarter of her sentence due to jail overcrowding and “good-time” credits.

Here’s the most up-to-date DUI sobriety checkpoint information we have for California this 4th of July weekend.

DUI saturation patrols
Many agencies will be on roving DUI saturation patrols. This means that more cops will be on-duty specifically looking for drunk drivers. These DUI patrols are scheduled to begin tonight and end late Sunday night /early Monday morning. The following California cities will be participating in this tactic:

• Seaside, Soledad, Monterey, Greenfield, and Salinas;


• California State University Channel Islands, Camarillo, Fillmore, Moorpark, Ojai, Oxnard, Port Hueneme, Thousand Oaks, and Ventura; and


• Brea, Cypress, Garden Grove, La Habra, Los Alamitos, Orange, Placentia, Seal Beach as well as the Cal State Fullerton and UCI Police Departments.

Friday, July 2nd checkpoints
The California Highway Patrol will be conducting a DUI and driver's license checkpoint in Southern Santa Rosa from 6:30pm to midnight. The location of the checkpoint has not been disclosed.

The Oxnard Police Department will operate sobriety checkpoints at undisclosed locations in the city tonight and Saturday night between 6pm and 2am.

The LAPD Valley Traffic Division will conduct its DUI roadblock tonight between 6pm and 1am at Cahuenga Blvd. and Broadlawn Drive in North Hollywood.

The Orange County Sheriff’s Department will run a sobriety checkpoint from 6pm to 2am in the City of San Juan Capistrano at an undisclosed location.

The Victorville Police Department will be conducting a DUI/Drivers License checkpoint starting at 7:00pm in the City of Victorville.

The Redlands Police Department will conduct a sobriety and driver’s license checkpoint beginning at 10:00pm until 3:00am in the westbound lane of Redlands Boulevard, between Seventh and Ninth streets.

Saturday, July 3rd checkpoints
The Cypress Police Department will be conducting a DUI/Drivers License checkpoint from 7p.m. to 3a.m., on Lincoln west of Moody.

The Oxnard Police Department will operate sobriety checkpoints at undisclosed locations in the city Friday and Saturday night between 6pm and 2am.

The LAPD South Traffic Division will run its sobriety and driver’s license checkpoint between 6pm and 1am on Florence Ave. between Broadway and Main St. in Los Angeles.

The Buena Park Police Department will conduct a DUI checkpoint from 7pm to 3am at an undisclosed location in the city.

The Irvine Police Department will also be operating a DUI roadblock from 7pm to 3am at an undisclosed location in the city.

For the more “general” announcements, you can call the corresponding law enforcement agency a couple of hours before the scheduled DUI roadblock to find out more specific details.

And remember, just because you are arrested for DUI at a checkpoint doesn’t mean that you are automatically guilty as charged. California sobriety checkpoints must adhere to very strict requirements. If they don’t, your arrest and subsequent case may be dismissed. Be sure to consult with a California DUI attorney immediately following a sobriety checkpoint arrest.

Happy 4th everyone – drive safely!