If you were to commit fraud, theft, sexual harassment, or any other job-related offense while on the job, the State Bar of California would certainly discipline you…no surprise there. However, this also means that even if you are driving home from a wedding and are arrested for a DUI, are accused of domestic violence against your spouse, or are caught carrying a concealed weapon, the Bar will likely take action as well.

Arrests and convictions subject California attorneys to discipline…whether job-related or not. And what’s worse is that you have a personal obligation to report any pending criminal matters or convictions to the State Bar.

The good news is that the Bar will not revoke or suspend your license without a hearing. This is your opportunity to show why your personal arrest or conviction does not justify professional discipline.

So California attorneys, beware…your personal life can significantly impact your professional life.

Friday 8/27

The California Highway Patrol King City area office will be conducting a sobriety checkpoint today on Jolon Road from 2:30 to 7:30 p.m. in South Monterey County.

The LAPD will be operating its sobriety and driver’s license checkpoint from 6 p.m. to 1 a.m. on Florence Avenue between Broadway and Main Street.

The Riverside Police Department will be conducting a DUI / drivers license checkpoint from 6:00 p.m. until 12:00 a.m., in the city of Riverside.

The Rancho Cucamonga Police Department will be conducting a D.U.I. and drivers license checkpoint in the city of Rancho Cucamonga between the hours of 6 p.m. and 2 a.m.

The City of Berkeley Police Department will be holding a sobriety checkpoint at Adeline between Harmon and Fairview Streets in South Berkeley from 8 p.m. until 2 a.m.

The Moreno Valley Police Department will be conducting a DUI / driver’s license checkpoint from 6:00 p.m. to 11:00 p.m. at an unannounced location within the city limits.

The Redlands Police Department will conduct a sobriety and driver’s license checkpoint beginning at 10 p.m. until 3 a.m. in the northbound lane of Orange Street, south of Pearl Avenue.

The Rancho Cordova Police Department will be hosting a DUI roadblock in the city of Rancho Cordova from 8 p.m. until 2 a.m.

The Oxnard Police Department will be on DUI saturation patrol from 8 p.m. until 3 a.m. Friday and Saturday nights. Additionally, there will be multiple sobriety and driver’s license checkpoints on Saturday night from 6 p.m. until 2 a.m.

Saturday 8/28

The Escondido Police Department will be conducting a DUI / drivers license checkpoint at an undisclosed location in the city.

The Coachella Police Department will be conducting a sobriety / license checkpoint between the hours of 7:00 p.m. and 2:00 a.m.

The Cypress Police Department will be running its DUI sobriety checkpoint from 8 p.m. to 3 a.m. within the city limits.

Oxnard Police officers will be joining forces with officers from the California Highway Patrol, Ventura County Sheriff’s Department, Ventura Police Department, Simi Valley Police Department, Santa Paula Police Department, and California State University Channel Islands during a DUI task force operation that will target the 101 Freeway. Over 25 officers from these agencies will be patrolling the freeway from the city of Ventura to the LA County line searching for impaired drivers. The operation will start at 7 p.m. and end at 3 a.m.

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!

Examples of some of these “routines” that occur with great frequency in drunk driving California jury trials include officer testimony about how the defendant “failed” all of his/her field sobriety tests; officer testimony about how the defendant displayed the “objective signs and symptoms of impairment”; expert witness testimony that no one can safely drive above California’s legal limit; and expert witness testimony that the defendant’s blood alcohol concentration was probably much higher than what was reflected in the blood or breath test.

But don’t despair. Skilled California DUI defense attorneys not only expect this type of evidence in a California jury trial, but know the most effective strategies to refute it. Whether to take your DUI to the jury is a consideration that you and your lawyer should discuss based on the facts and circumstances of your individual case.

But fortunately, there is relief. If you’ve been the victim of this type of police misconduct, it’s likely that someone else has as well. And your California criminal defense attorney can file what’s known as a Pitchess motion to find out if this is the case.

A California Pitchess motion is a request to obtain information contained in an officer’s personnel file. If the judge finds prior complaints, he/she will turn over the contact information of all those who have previously complained about the officer’s conduct.

Typically prior complaints will undermine an officer’s credibility…a major issue when it comes to a jury trial. In reality, such complaints will usually persuade the prosecutor to reduce or even dismiss your charge(s).

Because California preliminary hearings aren’t held in misdemeanor cases, the majority of this state’s drunk driving cases skip this phase of the California criminal court process, since most DUIs are misdemeanor offenses.

This means that persons who face felony DUI charges…either because they have four or more DUI convictions within a ten-year period or were involved in DUIs that caused injury or death…will want to make sure they put the prosecution to the test at the preliminary hearing.

If, for example, you are charged with a DUI causing injury, your California criminal defense attorney will likely try to introduce evidence at the preliminary hearing to prove that it wasn’t your negligence that caused the injury. If you were not the cause of the injury, you are not guilty of the offense.

This is why the California preliminary hearing is so important. It saves a defendant the time and expense of enduring a trial when there simply isn’t enough evidence to support the charge(s).

Although the case is still under investigation, authorities announced that Hemperly was arrested for felony drunk driving, vehicular manslaughter, and possession of a controlled substance.

Whether prosecutors charge Hemperly with Penal Code 191.5(a) California’s gross vehicular manslaughter while intoxicated law or Penal Code 191.5(b) “vehicular manslaughter while intoxicated” will depend on what the investigation reveals.

If the facts reveal that…in addition to driving under the influence…Hemperly committed an additional wrongful act with gross negligence, prosecutors will likely file the more serious charge Penal Code 191.5(a), California’s gross vehicular manslaughter while intoxicated law.

However, if the facts demonstrate that Hemperly only acted with “ordinary” negligence, they may pursue the less serious charge of ordinary vehicular manslaughter while intoxicated.

The less serious charge may be filed as either a misdemeanor or a felony and carries no mandatory jail or prison time. However, Penal Code 191.5(a) California’s gross vehicular manslaughter while intoxicated law is a straight felony that subjects an offender to four to ten years in the California state prison or to 15 years-to-life if he has a prior PC 191.5 conviction or two or more prior DUI convictions.

Although jail overcrowding and “good time” credits are responsible for significantly reducing jail sentences, the prosecutor on the case has stated that Lohan will have to serve her entire 90-day rehab sentence.

This is because judges have little control over when jail facilities release their inmates. They do, however, retain control over other California DUI probation conditions, which can include participation in drug and/or alcohol rehabilitation programs.

If Lohan doesn’t comply with the program…and, yet again, violates her probation…she will likely serve another jail sentence.

This pilot program will last for five years. If successful, it will expand into other California counties as well.

Multiple DUI offenders will also be required to install these IIDs in order to regain their licenses. The length of time the instrument will have to remain in the vehicle depends on how many prior DUIs the offender has. First time offenders must keep them in for five months…fourth time offenders as long as three years.

Offenders will be responsible for the costs of installation and maintenance of the ignition interlock devices “IIDs”, which can be quite costly. If a defendant is unable to pay, the state may provide assistance.

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!

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).

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.

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.

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.

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.

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.