Susan L. Hartman is licensed to practice law in California and Massachusetts

martini.holidays.jpgSan Diego County recorded twenty-two driving under the influence (DUI) arrests by the California Highway Patrol (CHP) from Christmas Eve through 6 a.m., Sunday, December 26th. This is down from the 38 arrests made over the same period last year.

There have been 202 total DUI arrests in San Diego County from December 23rd through December 27th, 2010, according to californiaavoid.com. That is down from the 224 DUI arrests made for the same period last year.

More DUI checkpoints and saturation patrols are expected throughout the New Year’s weekend. This blog will continue to update information regarding the cities, exact locations, and times as the information is published.

The San Diego Sheriff’s Department announced that 122 driving under the influence (DUI) arrests were made in San Diego County from 12:01am Friday, December 17th, through midnight on Saturday, December 18th. According to the press release, the number of DUI arrests is up from the 57 arrests made during the same time period last year.

Throughout San Diego it is expected that DUI checkpoints and saturation patrols will continue as the Christmas holiday approaches. California Avoid lists the following upcoming DUI checkpoints:

  • San Diego / SDSU Area: Thursday, Dec. 23rd, 7:00 p.m. – 3:00 a.m.

designated driver.jpgDriving 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.

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.

santa hat 2.jpgThe 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.

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.

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.

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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.

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.

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.”

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