DUI Enforcement

Bill Introduced To Require Ignition Interlock Devices (IID’s) For 2nd Or Subsequent DUI Convictions

December 31, 2012 | The Law Offices of Susan L. Hartman

In California, a bill was introduced that would require all people with a second or subsequent drunk driving conviction to install an ignition interlock device, or IID, in their car, State Senator Jerry Hill announced on Friday, according to NBCSanDiego.com. According to the bill, a second conviction would require the installation and use of the IID for one year. Upon the third conviction, the IID would be required for two years. On a fourth or subsequent conviction, the defendant would be ordered to comply for three years.

An ignition interlock device is a machine that is installed in your car’s ignition. In order for your car to start, the driver must first blow into the machine. If no alcohol is detected, the car will start. If alcohol is detected, the car will not start. In addition, as the car is running, it requires additional breath samples with no alcohol detected to keep the car operational.

As of July 1, 2010, California began a pilot program for IID use. According to the pilot program, if the DUI violation occurred in Alameda, Los Angeles, Sacramento, or Tulare, California, the convicted is required to install an IID in all vehicles that s/he owns or operates, even on their first drunk driving offense, before applying for a restricted driver’s license. First time offenders must maintain the device for 5 months. Second time offenders must maintain the device for a year. Third time is 2 years and the fourth and subsequent offenders must comply for three years. (Note: This program is expected to expire on January 1st, 2016.)

Under the current law, if you are not in one of the above-referenced counties, such as San Diego, you usually will not be ordered to install an IID on a first driving under the influence conviction. However, courts do have discretion to order this and it “shall give heightened consideration to applying this sanction to a first offense violator with 0.15 percent or more, by weight, of alcohol in his or her blood at arrest, or with two or more prior moving traffic violations, or to persons who refused the chemical tests at arrest.” (See California Vehicle Code Section 23575.) The court has discretion in ordering a term not to exceed three years from the date of conviction.

In a second or subsequent DUI conviction that involved alcohol not drugs, the defendant may shorten the license suspension or revocation by agreeing to install the IID.

Even if the court does not order the IID, the DMV is required to order the installation when a person is convicted of driving with a suspended or revoked license and that suspension or revocation is due to a prior DUI, California Vehicle Code Section 14601.2, 14601.4, or 14601.5.

The above blog article is by no means all-inclusive and is not legal advice. Laws may change and may not apply to your case. For the latest information or to get legal advice, speak to a DUI attorney in your area.

San Diego Sheriff’s Announced The Following DUI Checkpoints

December 7, 2012 | The Law Offices of Susan L. Hartman

The San Diego Sheriff’s website, (see press release dated December 5th), announced the following drunk driving roadblocks and saturation patrols during this holiday season:

December 14- Sobriety Checkpoint in Vista and Santee, 8:00 p.m. to 3:00 a.m.
December 15 – Warrant Sweep, South Bay
December 15- Sobriety Checkpoint in Lemon Grove and Encinitas, 8:00 p.m. to 3:00 a.m.
December 20 – DUI Saturation Patrol for the Poinsettia Bowl, 5:00 p.m. to midnight
December 21 – Sobriety Checkpoint in San Marcos, 8:00 p.m. to 3:00 a.m.
December 22 – Sobriety Checkpoint in Rancho San Diego (AVOID), 8:00 p.m. to 3:00 a.m.
December 28 – Sobriety Checkpoint in Poway and Imperial Beach, 8:00 p.m. to 3:00 a.m.
December 29 – Sobriety Checkpoint in Chula Vista, 8:00 p.m. to 3:00 a.m.
December 30 – DUI Saturation Patrol for Chargers/Raiders game, 5:00 p.m. to midnight
December 31 – DUI Saturation Patrol, Sheriff’s Department contract cities: San Marcos, Vista, Poway, Encinitas, Lemon Grove, Imperial Beach, and Santee.

Keep in mind, this is not an exhaustive list. Other local law enforcement, including the California Highway Patrol (CHP), San Diego Police, and others, may conduct their own driving under the influence patrols over the coming weeks.

“Like” The Law Offices of Susan L. Hartman on Facebook for more drunk driving information and notifications of other DUI patrols by law enforcement in San Diego County. And, get real time DUI checkpoint alerts text to your cell phone through Mr. Checkpoint.

These tools are not meant to help you drink and drive. Use them for informational purposes only. The best holidays start with safe, undistracted driving. If you think you will be drinking, plan ahead to avoid being a DUI statistic.

San Diego Cops To Run DUI Task Force This Weekend

October 26, 2012 | The Law Offices of Susan L. Hartman

San Diego Sheriff’s Department announced today 15 law enforcement agencies throughout the County of San Diego will conduct a drunk driving crackdown involving saturation patrols, (increased law enforcement specifically looking for impaired drivers), during Halloween week. They started yesterday and will continue through November 4th.

San Diego State University’s (SDSU) surrounding area will be targeted for DUI patrols on Saturday night.

The Sheriff’s recommend you plan ahead to avoid ending your party with a drunk driving charge. They encourage all partiers to designate a sober driver, call a taxi or a friend or family member, or use San Diego’s public transportation. You can also plan to spend the night at the house where the party is taking place.

If you happen to be pulled over by law enforcement, you do not want to help them build a case against you. Unless you are DUI probation, you are not required to do the field sobriety tests (FST’s) and you do not have to blow into the portable alcohol screening (PAS) test at the scene. You also should not answer the officer’s questions including what you had to drink, when did you last drink, etc. Everything you say to the officer is often included in the police report and used against you later in court.

You should understand law enforcement does not like it when a person does not cooperate with their investigation. So, you may end up being arrested and spending the night in jail if you do not comply with their requests.

If the officer has probable cause to arrest you for driving under the influence, you are required to take either a blood or breath test. If you refuse to take the test, additional penalties are added.

If you get arrested and you are charged with drunk driving, you owe it to yourself to hire a accessible, aggressive, DUI defense attorney. Many criminal defense attorneys and even civil attorneys will often take drunk driving cases. These matters can be quite complex and it is best to hire someone who only deals with these type of matters to get the best results.

Do not just plead guilty, even if your blood alcohol content (BAC) was over a .08. There may still be defenses in your case that can lead to reduced charges or even a dismissal!

The above blog article is by no means all-inclusive and is not legal advice. Laws may change and may not apply to your case. For the latest information or to get legal advice, speak to a DUI attorney in your area.

Downtown San Diego Is The Target Of Another Drunk Driving Roadblock

September 10, 2012 | The Law Offices of Susan L. Hartman

San Diego law enforcement conducted another DUI checkpoint in the East Village area of downtown San Diego on Saturday from 10:35 p.m. until Sunday morning at 3:05 a.m., according to swrnn.com. Of the 2,519 drivers that went through the roadblock, 820 were contacted by the cops, 55 were pulled over to secondary for further evaluation, and 18 people were arrested for drunk driving.

Even though it’s after the height of the summer months and after the Labor Day holiday weekend, San Diego Police are continuing their efforts to stop people who are driving under the influence. You can expect with football season starting and the holiday season kicking off soon, sobriety checkpoints and saturation patrols will continue around San Diego, especially on the weekend.

If you are arrested for a DUI, usually there is an administrative process through the DMV involving your driving privilege. In addition, there is a court or criminal process involving punishment for breaking the law.

If you have been arrested for drunk driving, do not just ignore the DMV action or plead guilty. Even if your blood-alcohol content, BAC, was over a .08, there may be defenses in your case that can lead to your driving privilege being reinstated, reduced charges, or even a dismissal!! You owe it to yourself to hire a lawyer who exclusively deals with drunk driving matters to review the specific facts and evidence in your case and mitigate your penalties.

An added benefit of hiring legal counsel, if your matter is charged as a misdemeanor, in most cases, you will not have to appear at the DMV hearing or for any court proceedings. Your attorney can make all appearances on your behalf.

Chula Vista, Rancho SD, Oceanside, IB, San Diego, Encinitas, Santee, And Poway To Conduct DUI Checkpoints & Saturation Patrols

August 31, 2012 | The Law Offices of Susan L. Hartman

labor day.jpg Numerous San Diego law enforcement agencies announced they will be out in full force over the Labor Day weekend conducting drunk driving roadblocks and saturation patrols, according to 10news.com.

Chula Vista Police will conduct a DUI checkpoint on Friday, August 31st, from 6:00 p.m. until 2:00 a.m. on Saturday morning. They will also have roadblocks on Saturday and Sunday, but the exact locations and times have not been announced.

California Highway Patrol (CHP) will set up a drunken driving checkpoint in Rancho San Diego from 7:00 p.m. Saturday through 1:30 a.m. Sunday. The precise location has not been announced. Also, CHP will be in a maximum enforcement period Friday at 6:00 p.m. through Monday at 11:59 p.m., actively looking for drunk drivers, speeders, and other violators.

Oceanside Police Department will conduct a roadblock looking for impaired drivers on Friday starting at 8:00 p.m. and ending at 3:00 a.m. The exact location of this checkpoint has not been released.

The San Diego Sheriff’s Department will conduct a DUI checkpoint at an undisclosed location in Imperial Beach from 8:00 p.m. Saturday through 2:30 a.m. Sunday with additional saturation patrols on Saturday.

San Diego Police Department plans to conduct a DUI roadblock starting at 9:00 p.m. Friday and continuing into early Saturday morning. In addition, another checkpoint will be held on Monday starting at 4:00 p.m. The locations for these two have not been disclosed.

Encinitas, Santee, Poway, and Imperial Beach will add additional San Diego Sheriff patrols specifically looking for impaired drivers. They also plan on setting up sobriety checkpoints in Encinitas, Santee, and Poway on Friday night, Imperial Beach on Saturday evening, and Santee on Sunday. The times and locations for these DUI checkpoints and saturation patrols were not released.

As you can see, local law enforcement is actively looking for drunk drivers this Labor Day weekend. Do not be a statistic; plan ahead before you go out to celebrate your three day weekend. Pack a bag and plan on staying at the home of the party host. Designate a driver to remain sober and be responsible to drive you home. Save a San Diego taxi company’s telephone number in your phone and use it. Use public transportation or call a sober friend or family member for a ride.

However, If you are unfortunate and you do get arrested for driving under the influence, you owe it to yourself to hire an exclusively DUI defense firm.

San Diego County’s Driving Under The Influence (DUI) News

August 27, 2012 | The Law Offices of Susan L. Hartman

San Diego Sheriffs and San Diego Police have been busy arresting drivers for DUI within the past week. The San Diego Sheriff’s Department conducted drunk driving checkpoints this past weekend in Imperial Beach, Poway, San Marcos, Vista, and Santee, according to the sandiegoreader.com. In addition, they set up a checkpoint in the Vista Courthouse parking lot on Wednesday and conducted a DUI warrant sweep in the East County on Saturday.

The sobriety checkpoints, in which 7,647 drivers were contacted, resulted in 27 people doing field sobriety tests (FST’s) and 13 arrested for allegedly driving while impaired. The Vista Courthouse sting resulted in 300 drivers being contacted and 22 people arrested for various violations including driving on a suspended license.

San Diego Police conducted two DUI checkpoints this past weekend, according to ranchobernardo.patch.com. One was held on Friday night on College Avenue near SDSU. Of the 1,367 cars that went through the roadblock, 962 drivers were contacted and 11 arrests were made for suspicion of driving under the influence.

The second DUI roadblock was set up in Pacific Beach at the 2600 block of Ingraham Street on Saturday night. In this checkpoint, 1,448 cars passed through, resulting in 16 arrested for alleged drunk driving offenses.

In Spring Valley, at Campo and Jamacha Road, an alleged drunk driver hit a sheriff’s patrol car Saturday night. 760kfmb.com reported that the San Diego Sheriff was not seriously injured but was taken to the hospital for observation. The alleged drunk driver was arrested but the person’s name was not released

Driving under the influence charges are pending against the San Francisco Archbishop, Reverend Salvatore Cordileone. The utsandiego.com reported that the Archbishop was arrested on College Avenue near Montezuma Road in the collage area on Saturday after midnight.

As the summer comes to a close and with the Labor Day Weekend coming up this weekend, you can expect San Diego law enforcement will remain vigilant in drunk driving enforcement. Do not be a statistic. Plan ahead before you go out to celebrate your three day weekend. Pack a bag and plan on staying at the home of the party host. Designate a driver to remain sober and be responsible to drive you home. Save a San Diego taxi company’s telephone number in your phone and use it. Use public transportation or call a sober friend or family member for a ride.

But if you do get arrested and are charged with drunk driving, you owe it to yourself to hire an exclusively DUI defense firm.

San Diego Sheriff’s Conduct Sting Operation In Vista Court Parking Lot

August 23, 2012 | The Law Offices of Susan L. Hartman

As part of San Diego County’s “Avoid the 14” Summer Holiday Anti-DUI crackdown, a driver’s safety checkpoint was conducted by the San Diego Sheriff’s Department in the Vista Courthouse parking lot on August 22nd, from 3:30 until 5:30pm. During this operation, 300 drivers were screened and 22 people were cited. The citations included driving without a license, driving on a suspended license, and allowing an unlicensed driver to drive.

The San Diego Sheriffs and other local law enforcement will continue their efforts to arrest drunk drivers in connection with the nationwide “Drive Sober or Get Pulled Over” campaign. This campaign will continue through the end of summer and the Labor Day holiday, August 17th through September 3rd.

If you are arrested for drunk driving, your driver’s license is automatically suspended by the Department of Motor Vehicles, DMV, 30 days after the arrest unless you request an Administrative Per Se Hearing, challenging the suspension, within 10 days of the arrest. In addition, once you plead guilty or you are convicted after a trial, the court will usually order your driver’s license suspended. (Note, the amount of time of the suspension depends on a variety of factors.)

If you choose to drive while your license is suspended and you are subsequently contacted by law enforcement, you will likely be arrested and charged with driving on a suspended license when the driving privilege was suspended for driving under the influence. The first conviction of such a charge carries a mandatory minimum 10 days in jail!!

Be aware, law enforcement often sets up these sting operations at the courthouses especially around the time of the MADD, Mother’s Against Drunk Driving, panel class, which is a required class for many people who are on probation for drunk driving. Therefore, if you are going to the MADD panel class, heading to court for your SAAU, Substance Abuse Assessment Unit, meeting, paying your fine, or doing any other business at the courthouse, you should not drive if your license is suspended.

Because of the mandatory minimum jail time, you will not want to put yourself at risk by driving until you are able to either get your driving privileges back in full or you obtain a restricted license. The restricted license will allow you to drive to, from, and during the course of your employment and to and from any court ordered DUI programs.

The Law Offices of Susan L. Hartman is an exclusively DUI defense firm; however, we also assist people with DUI related matters such as driving on a suspended license.

El Cajon DUI Crash & Chula Vista And Escondido Conduct Drunk Driving Checkpoints

July 16, 2012 | The Law Offices of Susan L. Hartman

A suspected drunk driver allegedly drove his vehicle into two other cars in El Cajon on July 14th, at approximately 9:15 p.m. The accident happened near Melrose Lane and Royal Road in El Cajon. Apparently, one car was side swiped on the passenger side, as it was waiting to turn left into a driveway. The other car was behind the turning car, waiting to proceed. Four people were taken to the hospital. The driver was arrested for felony drunk driving, but his name has not been released.

Chula Vista law enforcement held a sobriety checkpoint at the 300 block of L Street on July 14th. Out of the 776 vehicles that passed through the checkpoint, 327 were screened, 11 drivers were asked to perform field sobriety tests, and 2 drivers were arrested on suspicion of driving under the influence of alcohol. In addition, one driver was arrested on suspicion of driving while under the influence of drugs.

Chula Vista announced it will have another DUI checkpoint this Saturday, July 21st. The location of this one has not been announced.

Escondido Police Department conducted a DUI checkpoint at San Pasqual Valley Road and Oakhill Drive on Friday, July 13th. Officers also conducted a saturation patrol in Escondido until 3am, looking specifically for drunk drivers. (Note, Escondido Police did not publish the results of the saturation patrol.)

Of the 1287 drivers that passed through the sobriety checkpoint, 867 were screened, 60 were sent to secondary, 4 drivers were given field sobriety tests, and 2 people were arrested on suspicion of drunk driving.

The Chula Vista and Escondido DUI checkpoints were funded by grants from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration (NHTSA).

In order for the police to lawfully conduct these sobriety checkpoints or DUI roadblocks, they must comply with the guidelines that have been established through the courts. If your arrest was the result of a DUI checkpoint, contact an exclusively DUI defense firm that can review the law enforcement’s procedures and determine if the guidelines were followed. If they were not, the checkpoint could be ruled unlawful and the evidence against you may be inadmissible, often resulting in a dismissal!

San Diego County DUI Patrols & Checkpoints Increase For Summer

July 3, 2012 | The Law Offices of Susan L. Hartman

4th of july drink.jpg San Diego DUI defense attorney, Susan Hartman, warns San Diego County drivers to be aware that local law enforcement will be out in full force this 4th of July week looking for drunk drivers. In fact, the San Diego Police Department and the California Highway Patrol already started to increase their DUI patrols this summer. They conducted a sobriety checkpoint in the 4200 block of Mission Bay Drive in Mission Bay Park by on June 22nd, between approximately 10:30pm and 3:30am. Ten drivers were arrested for driving under the influence and two people were cited for having an open container in a vehicle, according to scoopsandiego.com.

The San Diego Sheriff’s Department also announced its plans to step up saturation patrols and DUI checkpoints throughout San Diego County, starting July 3rd, in an effort to curb drunk driving over the 4th of July holiday, according to 10news.com.

California Highway Patrol (CHP) announced a Maximum Enforcement Period, MEP, beginning 6:00pm on July 3rd, and continuing through midnight on July 4th. They are specifically targeting drunk driving, seat belts, and speed.

In Coronado, a drunk driving checkpoint will be conducted on Saturday, July 7th, from 6:00pm until 2:00am. The exact address has not been released.

Do not become a statistic…plan ahead. Plan on staying at the home of the party host. Designate a driver to remain sober and drive you home. Save a San Diego taxi company’s telephone number in your phone and use it. Use public transportation or call a sober friend or family member for a ride.

But, if you happen to get arrested for drunk driving, you owe it to yourself to hire an exclusively DUI defense attorney. Do not just plead guilty even if your blood alcohol content (BAC) was at or above the legal limit of .08%. There may still be defenses in your case that can lead to reduced charges with less punishment, or even a dismissal!

The above blog article is by no means all-inclusive and is not legal advice. Laws and facts may change and may not apply to your case. For the latest information or to get legal advice, speak to a DUI attorney in your area.

Misdemeanor Drunk Driving Charges: The Court Process

June 25, 2012 | The Law Offices of Susan L. Hartman

In California, including San Diego County, when a driver is arrested for driving under the influence, two processes start. There is an administrative process that is handled through the Department of Motor Vehicles, (DMV). That portion of the case addresses the status of the arrestee’s driver’s license. In addition, there is a criminal court process that addresses the crime of DUI. This article specifically addresses what happens in the court process. For information on the DMV, see “Driving Under The Influence And The DMV Hearing.”

The person suspected of drunk driving is often arrested and booked into the San Diego County Jail or the Las Colinas Women’s Detention Facility. They are given an opportunity to post bail and be released. Upon release, they are given a Bail Receipt which states the recommended charges and the date, time, and place of the first court hearing, the Arraignment.

At the Arraignment, the defendant is informed of the actual filed charges. Also, they are given a copy of the complaint and an opportunity to enter a plea of guilty or not guilty. (Be aware of accepting an offer at this early stage! You and your attorney will not have all the evidence to review to help make an informed decision about pleading guilty. However, the prosecutor often gives a decent offer at this stage in hopes of getting the case resolved quickly.)

If the defendant chooses not to plead guilty, a Readiness Hearing is scheduled. Between the Arraignment and the Readiness Hearing, the prosecuting agency will forward all of the discovery to the defendant or the defendant’s drunk driving attorney. The discovery is reviewed by the attorney and the defendant. The defense attorney may find issues with the case and proceed with filing motions to challenge the State’s case. Winning a motion can result in a better offer or even a dismissal of the entire case!

In addition, there is a negotiation meeting between the prosecutor and the DUI defense attorney and another offer is made on the case. The defendant may choose to accept the offer, and enter a change of plea at the next Readiness Hearing.

However, if the DUI defendant chooses not to accept the offer, the next step is a trial. At the conclusion of the trial, the jurors, (or the judge if it is a court trial), will decide if the defendant is guilty of the charges. If found guilty, the judge will proceed with drunk driving sentencing. If the defendant is found not guilty, the defendant is acquitted and the court no longer has jurisdiction over the case.

The above blog is by no means all-inclusive and is not legal advice. Laws may change and some may not apply to your case. For the latest information, or to get legal advice about your specific drunk driving matter, speak to a DUI attorney in your area.