Posted: 7/10/2005 1:30:29 PM EDT
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DUI is the most common crime "decent" people in California get convicted of, here is some random info about DUI enforcent, some of which might keep you out of trouble. If you are under 21 years old it is "unlawfull" for you to drive with any measurable amount of alcohol in your system. If you are a .01 - .049% it is an administrative, non criminal violation only. You are required to submitt to a "breathalizer" type test if under 21 and the police have reasonable suspician you have a measurable amount of alcohol in your system. If you refuse the test your license to drive will be suspended for 1-3 years. If you complete the test and the results are .01% -.049% your will lose your license for one year, but not be criminally prosecuted. If the results are .05% - .079% you will be ticketed for CVC 23140(a), an infraction. You will lose your license for 1 year and be given the option of a 6 month diversion plan that cost $150.00 and includeds stuff like visting the morgue or hospital ER. For all drivers if you are a .08% or higher you will be arrested for CVC 23152(a) & (b). You will be booked into jail overnight and released on a written promise to appear after you sober up. You will typically have your first court appearance in about 30-days. Your license will likely be restricted for 3 months, and your fines will total about $1,000.00. Your auto insurance will skyrocket. A great majority of first time DUI arrests plead guilty, as the punishments are not that severe. If you blow under a .08%, but do horrible on the FST's, you can still be arrested for CVC 23152(a). If you are convicted twice withen 7 years you are looking at 90-days in jail. if you are arrested 3 times withen 10 years you are looking at state prison time. CHP officers are expected to make one DUI arrest per night. They work two man cars at night so its an easy goal to meet. The arresting officer will likely have the report finished before his partner gets you through the booking process at the jail. DUI defense attornies are getting rich a few ways. They charge $500.00 for a 1-hour DMV hearing. They charge about $10,000.00 to take a DUI case to trial. They teach seminars to police for detection of .08% BAC DUI's. Any cop can spot a .16% DUI, its the .08's that untrained cops miss. A cop that has completed thse defense atttorny taught classes is likely to be recognised by the court as an expect witness and its unless the defense will be able to discredit his testimony/expertise. The defense attornies get rich by training cops to find and arrest .08% DUI's, then defending those arrests at the DMV/Court hearings. (There is so much money being made in DUI defense that I know cops who are going to law school at night just so they can represent people in DMV hearings at $500.00 an hour.) The federal and state Govt both officer local agencies DUI grants. The grant money can be used for stuff like DUI check points, DUI roving patrols, or special DUI task force units. The grant money pays for the overtime to staf those positions. When working those positions the cops are looking hard for drunks, becuase there are performance goasl that must be met to keep the grant money flowing. If arrested for DUI you are required to submitt to a breath or blood test. If you refuse DMV will suspend your license for 1-3 years, and the cops will force you to give your blood anyway. They can force you, without a warrant, becuase your body is "destroying evidence" through the natural process of metabolizing the alcohol in your system. They may also use a ruse to trick you into submitting blood, although that is still considered "forced" blood in court and a good/expensive DUI lawyer may be able to get the blood evidence supressed. If you submitt to a chemical test, you get to pick which one, blood or breath. If you pick breath, but are unable to complete the test, such as having asthma, you will have to give a blood test. Additioanlly, if the officer has PC to believe you are under the combined influence of alcohol and any drug, to include legal Rx medication, and you chose a breath test, he can require a blood test AFTER you complete the breath test. The DA's will prosecute you for DUI Drug for stuff like Xanax, wellbutrin, Prozac, Valium, Vicodin, Adderal, Soma. If that pill bottle say's do not operate heavy machinery, you can probubly be convicted for driving while taking it. 50 percent of drivers killed in traffic collisions have a BAC of .10% or more. 75 percent of drivers involved in single vehicle collisions have a BAC of .10% or more. Think about that! If you hit the curb, a parked car, a mailbox or a tree, the cops know there is a 75% chance you are a .10% BAC or higher even before they set eyes on you. You can be arrested for DUI if you are addicted to any drug., CVC 23152(c). Even if you are not "under the influence" of that drug! The court believes that the drug addict is always unsafe to drive because he is always either under the influence of the drug, or suffering the withdrawal symptoms of the drug. However, if you are an addict in a recognized rehab program, CVC 23152(c) does not apply to you. A DUI traffic collison resulting in ANY injury is now prosecutable as a felony. Expect to see that changed to resulting in any injury or any property damage withen the next few years. |
Only in DUI drug cases and only if available. in other words if the agency has a policy of not taking urine samples, or if they are out of collection kits, you will not be able to choose a urine test. Ive never seen urine used for a DUI case, only simple H^&S 11550(a) Under the influence of controlled substance arrests and then only when the suspect has destoyed every vein making a blood draw impossible. they will try your arms, hands, feet and shoulders for a blood draw first. Drug addicts should save at least one usable vein for medical emergencies, but they rarely do. |