San Diego DUI Lawyers Blog

Drunk Driving Not Reduced By Designated Driver Programs?

December 21, 2010 | The Law Offices of Susan L. Hartman

designated driver.jpg Driving under the influence (DUI) prevention includes the use of designated driver programs. Since the 1980’s, there have been two types of these programs in the United States: 1.) Incentive programs; and, 2.) Population-based campaigns.

The incentive programs involve drinking establishments offering designated drivers free non-alcoholic drinks, food, or admission. Population-based programs use mass media to change the social norms, encouraging people to use a designated driver.

A review of the two programs found that both lack sufficient evidence to determine the effectiveness of the use of designated drivers in lowering the number of people who drive while under the influence (DUI) of alcohol or drugs.

Chula Vista to Conduct Sobriety Checkpoint

December 17, 2010 | The Law Offices of Susan L. Hartman

A DUI checkpoint will be conducted by the Chula Vista Police Department on December 17th, 18th, and 19th, at an undisclosed location in the city.

Chula Vista Police recommends holiday partiers plan a safe way home before the festivities begin, use a designated driver, call a taxi, sober friend or family member, or use public transportation.

The California Office of Traffic Safety (OTS) provides funding for these operations.

San Diego County To Conduct More DUI Holiday Checkpoints

December 16, 2010 | The Law Offices of Susan L. Hartman

santa hat 2.jpg The San Diego Sheriff’s Department warned San Diego residents they are conducting saturation patrols, looking for under the influence (DUI) drivers between December 17th and New Year’s weekend.

DUI checkpoints will also be conducted in the following cities in San Diego:

Vista: 12/17, 900 Vista Village Drive.

Encinitas DUI Checkpoint Statistics Announced By San Diego Sheriff

December 13, 2010 | The Law Offices of Susan L. Hartman

The San Diego Sheriff’s Department announced the results of their Encinitas DUI checkpoint. According to the press release, the checkpoint was conducted on the 1800 block of South El Camino Real.

Only two DUI arrests were made even though 929 cars passed through, 521 drivers were contacted, and five people did the field sobriety tests (FST’s).

The American Beverage Institute (ABI), a restaurant trade association, claims that only 1% of those who pass through a checkpoint are charged with DUI. In this particular checkpoint, less than 1% of those who passed through were arrested.

Encinitas to Conduct a DUI Checkpoint and Saturation Patrol

December 9, 2010 | The Law Offices of Susan L. Hartman

The Encinitas Station of the San Diego Sheriff’s Department announced in a press release they will be conducting a holiday DUI checkpoint and saturation patrol on Friday, December 10th, from 8 p.m. until 3 a.m. The checkpoint will be located at the 1700 block of South El Camino Real.

It is the holiday season. You can expect that law enforcement from Chula Vista and El Cajon to Oceanside and Temecula will be out in full force looking for drivers who are under the influence. Do not take a chance of getting arrested. Plan ahead before you head out to your holiday party.

The California Highway Patrol (CHP) recommends you use a designated driver, prepare to stay the night, call a friend for a ride, or call a cab. BUT, If you do get arrested for DUI, an aggressive DUI attorney can protect your rights. You have to act fast. You only have 10 days from the date of arrest to request a DMV hearing; otherwise, your driving privilege will be revoked or suspended.

Santee Sobriety Checkpoint Results In 5 DUI Arrests

December 7, 2010 | The Law Offices of Susan L. Hartman

A Santee DUI checkpoint was conducted by the San Diego Sheriff’s Department on Saturday, December 4th, from 8:30 p.m. until 3 a.m. Sunday morning. 751 cars were contacted on the 8800 block of Mission Gorge Road, which yielded 5 DUI arrests, according to the Sheriff’s Department Press Release.

The checkpoint was conducted under a grant provided by the California Office of Traffic Safety.

Now that the holidays are here, you can expect that all law enforcement, including the San Diego Sheriff’s Department, San Diego, Chula Vista, National City, El Cajon, and La Mesa Police Departments, and the California Highway Patrol, will be stepping up their efforts to find drunk drivers.

Poway Station of the San Diego Sheriff’s Department Conducts Driving Under The Influence Checkpoint

December 6, 2010 | The Law Offices of Susan L. Hartman

The Poway Station of the San Diego Sheriff’s Department announced in a press release that it conducted a DUI checkpoint on Friday, December 3rd, 2010, from 7 p.m. until 3 a.m., near the 11700 block of Poway Road. 1,328 vehicles passed through; however, no DUI arrests were made.

During that time, the deputies stepped up their patrol for DUI suspects in a saturation patrol and two suspected DUI arrests were made.

In their press release, the Sheriff’s Department claimed such checkpoints have been proven effective to lower the number of DUI deaths. They specifically cited the National Highway Traffic Safety Administration (NHTSA) which claims the total traffic fatalities are at their lowest levels in six decades and in California DUI deaths declined by 16 percent, from 1,132 in 2007 to 950 in 2009.

San Diego Under Age Youth Sentenced for DUI Injury Accident

November 30, 2010 | The Law Offices of Susan L. Hartman

A San Diego teenager was sentenced after he admitted to driving under the influence and causing an injury accident. (This is a follow-up to the story originally posted on November 17th.)

According to the Union Tribune, the seventeen year old was sentenced to the maximum penalty allowed under state law, 480 days in custody in the San Diego County’s Youthful Offender Unit. Once released, the juvenile will be placed on probation.

This teen’s blood alcohol content (BAC) was .21. Under California Vehicle Code (VC) Section 23136, “[I]t is unlawful for a person under the age of 21 years who has a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test, to drive a vehicle.”

VC Section 23136 does not preclude prosecution under California Vehicle Code Section 23153, which makes it “unlawful for any person, while under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.”

California Court of Appeal Rules Evidence of a Refusal to Submit to a PAS Test is Not Admissible.

November 22, 2010 | The Law Offices of Susan L. Hartman

pas.officer.jpg The California Court of Appeal ruled in People v. Jackson that the trial court incorrectly allowed evidence in at trial that the defendant refused to take a preliminary alcohol screening test (PAS).

Defendant was arrested and was subsequently on trial for driving under the influence, DUI, in violation of Vehicle Code Section 23152 (a) & (b) . An officer was allowed to testify that the defendant refused to take the PAS test, even though he did agree to perform all the other field sobriety tests (FST’s).

After a conviction, the defendant appealed, claiming that the officer’s statements about his refusal should not have been admitted. The defendant cited Vehicle Code Section 23612(i), which states, “If the officer decides to use a preliminary alcohol screening test, the officer shall advise the person that he or she is requesting that person to take a preliminary alcohol screening test to assist the officer in determining if that person is under the influence of alcohol or drugs, or a combination of alcohol and drugs. The person’s obligation to submit to a blood, breath, or urine test, as required by this section, for the purpose of determining the alcohol or drug content of that person’s blood, is not satisfied by the person submitting to a preliminary alcohol screening test. The officer shall advise the person of that fact and of the person’s right to refuse to take the preliminary alcohol screening test.”

In the appeal, the Respondent claimed that the trial court correctly admitted the evidence because the PAS test is simply another FST. When the defendant refused to submit a sample, he was demonstrating consciousness of guilt.

The Court of Appeal agreed with the Appellant “because it is logically consistent with the clear intent of the statute [VC 23612] and serves to protect the statutory right defined therein.” However, in this case, it was found to be harmless error and the Appellant’s conviction stood.

Vista Teen Apologizes For Oceanside DUI Accident that Injured Two

November 17, 2010 | The Law Offices of Susan L. Hartman

A Vista teen admitted he was driving while under the influence (DUI) of alcohol on October 18th, when the car he was driving struck a grandfather and toddler in Oceanside. The teen’s blood alcohol content (BAC) was reported by 10news.com as .21.

California has a Zero Tolerance Law that applies to all drivers under the age of 21. This means that it is illegal for anyone under 21 to have a BAC over .01, and on your first offense your driving privilege will be suspended for one year. Further, refusing to take or failing to complete the preliminary alcohol screening (PAS) test will also result in a one year license suspension.

According to the California Department of Alcohol and Drug Programs, the proportion of under age DUI arrests increased from 7.7% in 1996 to 9.4% in 2006. Less than 1% of all DUI arrests involved juveniles under the age of 18. In this case, the teen was only 17 when the accident occurred.

(“San Diego Under Age Youth Sentenced for DUI Injury Accident” is the follow-up to this story and was posted on November 30th.)