Eight months ago California lawmakers enacted legislation requiring all DUI offenders to have an ignition interlock device placed in their vehicles. It was just one move to further penalize drunk drivers in hopes of making roadways safer and appeasing political cries for tough-on-crime measures related to DUI offenders. But, according to a piece published this week in The Sacramento Bee, the measure might not be working as well as anticipated.

Between July 2010 and February 2011 only one out of ten DUI offenders has had an ignition interlock device installed. In four populous counties (Sacramento, Los Angeles, Alameda, and Tulare), there were 13,288 people convicted of DUI but only 1,335 ignition interlock devices installed.

While DMV officials caution against judging the effectiveness of the law just yet, others are wondering how many DUI offenders are on the roadways illegally, without the required device.

The DMV is correct in that many people convicted of DUI lose their license for a time, making an ignition interlock device not yet appropriate. However, they fail to recognize the truth of the matter which is, many of these people may continue to drive regardless.

Having your driving privileges suspended can have a seriously negative impact on your quality of life. Many people simply can’t find rides for every single venture they need to leave the house for, including work. So, many drive without a license. And, if they have successfully driven without a valid license, there’s a good chance they will avoid getting the ignition interlock device as well.

The Assemblyman who wrote the law, Mike Feuer (D-Los Angeles) is concerned about the numbers and will be meeting with DMV and other state officials in coming weeks to see if changes need to occur.

Ignition Interlock Devices are best described as a breathalyzer connected to your car’s ignition system. If you can’t pass a breath test, your car won’t start. Wrought with technical malfunctions and false positives, these machines can be a hassle to say the least. And they can prevent a person from holding a job, if driving a company vehicle is a requirement.

DUI charges seem to carry more serious penalties with every year that passes. A first-time DUI offense carries a mandatory 48 hours in jail, DUI school, license suspension, fines and costs, and a potential 3 to 5 years court probation. All of this is in addition to the aforementioned ignition interlock device if you are unfortunate enough to live in one of the four counties.

If you’re facing DUI charges, you need an advocate in the court system. We may be able to help. Contact our local California defense attorneys today for a free consultation on your case.

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A bill before the US Senate would pay for research into a passive alcohol detecting device that could become standard in all vehicles in the future. But serious questions exist if all cars can stop you from driving if you trigger the alcohol detector, and what the legal implications of such a supposedly “voluntary” system would be.

The bill would have a goal of having an accurate alcohol impairment monitoring device ready to be used in new cars in 5 years.

This article from NBC Los Angeles notes that interlock devices from smart start set a threshold for failure at .03% BAC, or well below the legal limit of .08% for impairment.

But the Smart Start interlock device is a court mandated systems to track those already convicted of DUI in California, and not a voluntary preventative warning. The goals are clearly different, but questions remain.

• Would these devices be set to prevent the car from starting at the legal limit of .08, or lower as a warning?
• Would these devices report” failures” to police?
• How much would they cost?
• Who would voluntarily pay extra for such a device in their new car?
• Would they eventually become mandatory safety devices required by law, like safety belts and air bags?

Beverage industry lobbyists are unsurprisingly wary of these systems, concerned that they could prevent people from consuming a drink or two with dinner, and being able to drive their car home, depending on the settings of these supposedly unobtrusive, passive systems. And there would certainly be a preventative effect from anyone who has one in their car. Especially if they are worried about what happens if they are half a drink over whatever level their own car thinks warrants a warning.

Everyone is against drunk driving. Seriously impaired drivers do kill people on the roads, and continue to be a threat to public safety, despite evidence that drunk driving is on the decline nationwide.

But there is a world of difference between serious alcoholics unable to exercise any judgement or concerns about safety and the law, and everyday people who should legally be allowed to have a drink or two and are perfectly capable of getting themselves home.

We need to make sure that the law keeps this critical distinction in mind.

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Note the following is a Guest Post from CaliforniaCarInsurance.com

A DUI can disrupt a lot of things in life. It could mean losing your license, paying fines, and enrolling yourself in an alcohol treatment plan. In addition to this, it can affect your California car insurance. So how does a DUI in California change your relationship with your car insurance company? Here are a few things to consider.

You Don’t Necessarily Have to Report a DUI to Your Insurance Provider

There is no legal requirement for you to let your insurance company know if you have been pulled over for a DUI. There are several reasons for this. You might not be found guilty, for one. In addition, you might come to an out of court settlement that reduces your DUI to another offense. You might win your DMV DUI hearing.

It is possible that your insurance company will never discover that you had a DUI. While this is unlikely, there is nothing illegal about it. You don’t have to notify your insurance company about a DUI unless you are required to obtain SR 22 coverage.

The Purpose of an SR 22

A California SR 22 is a document that proves you meet the California state requirements for liability coverage. It demonstrates that you are legal to drive as long as you have a valid driver’s license. In order to qualify for an SR 22, your insurance must meet the state minimums. This means that your insurance:

- Will pay as much as fifteen thousand dollars on any person that you kill in an accident.
- Will pay a total of thirty thousand dollars for any injuries or deaths that you inflict.
- Will pay five thousand dollars for any property damage that you cause.

If you are arrested for a DUI, even if you haven’t yet been convicted, the DMV will suspend or revoke your license. When it does so, you will be required to provide an SR 22 form to the DMV in order to get your license reinstated. The only way to obtain an SR 22 form is to get one from your insurance provider.

The California DMV may ask for an SR 22 form for any of the following reasons:

- Your license is suspended in relation to a DUI
- You are declared a negligent driver
- You have an accident when you do not have insurance

Unfortunately, when you ask for an SR 22 form, you will be asked why you are requesting one. All of the above reasons would label you as a high risk driver and ensure that you are only eligible for high risk auto insurance which will quite possibly dramatically increase your premiums.

How and When Your Insurance Company Will Find Out

There are two ways that a California car insurance provider will find out about your DUI. The first is that you need to request an SR 22 form from them.

Your DUI could also get discovered when your DMV record gets checked. This will only occur if your policy is being renewed or if you make a change to your policy. Any DUI’s that have occurred in the past ten years will show when your insurance company runs a record check.

In addition to this, if you were to fail to appear in court for a DUI, this would also show up on your record. Like a DUI, a failure to appear stays on record for ten years. If the DUI were somehow missed, this would also alert them to the fact that you had a DUI.

Your Premiums Will Not Change Midterm

The good news is that according to the California Department of Insurance the current California insurance lawson the books makes it impossible for an auto insurance company to make any changes to your policy in the middle of the term. Thankfully, this means that your rates will not go up, nor will your insurance be canceled, until it is time for you to renew your insurance.

An auto insurance company in California can not make any changes to your premiums unless you are renewing your policy or first applying.

It is also worth noting that if you have pending charges, these will not affect your policy until you are found guilty. Some insurance companies will deny you coverage if you apply for them, but they can not make any changes to your policy until after you have been convicted.

Your Premiums Are Not Guaranteed to Go Up But Likely Will

It is very likely that your insurance company will raise your premiums if you are convicted of a DUI, but it is possible that they will not. Insurance companies have their own individual formulas for deciding how to charge you based on factors that they consider to be high risk.

How Much Will Your Premiums Go Up?

This is different for every company. You certainly won’t qualify for a “good driver” discount for another ten years. If you had this discount, it means your premiums will increase at least twenty percent. In addition, high risk drivers will pay between $300 and $800 a year for the three years that they are in SR 22 status. The cost will still vary greatly between insurance companies, so it is worth contacting your agent before your policy needs to be renewed.

You Can Always Find Somebody to Insure You

California requires everybody to have insurance, so there is always a company that will provide you with coverage. If you can’t find coverage on your own, the California Automobile Assigned Risk Plan can connect you with a provider. Even though it may be more difficult to find insurance after a DUI, it is advisable to consider all of your options in order to find out what is most cost effective.

If a DUI is Reduced to a Lesser Conviction, Will the Premiums Go Up as High?

Reduced sentences will almost always affect your premiums just as harshly as a DUI. It is certainly important to fight for a reduced sentence for legal reasons, but financially they are very similar. In either case it adds two points to your driving record, which causes insurance companies to view you as being a high risk driver.

DUIs are not completely indistinguishable from their reduced cousins, however. A “wet reckless,” “dry reckless,” or “exhibition of speed” differ from a DUI in that they will only stay on your record for seven years. This means you have three more years that you can qualify for a “good driver” discount.

Summmary:

You don’t have to notify your insurance provider about your DUI except when getting an SR 22 to reinstate your license. Your policy can’t be changed midterm and there is no specific formula for how much it will effect your insurance. Any effects will be erased after ten years. You can always find somebody to insure you.

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A Petaluma man was interviewed for an in-depth look at DUI offenders in the Argus-Courier this past week. He tells that only intensive probation and treatment were able to finally crack his own DUI problems, after multiple convictions and penalties. He suggests the same is necessary for others like him.

The man, an admitted alcoholic and six time DUI offender, recommends mandatory education for DUI convictions and multiple reviews and alcohol checks. Ignition interlock devices are said to be highly effective as well. What doesn’t work, he says, is suspending a license or sentences to jail.

He may be on to something as he remarks “When you take licenses away from them, all you end up with is having a bunch of drunks driving around with suspended licenses.” Often a DUI is much deeper than just a wild night out—it’s an indication of a deeper problem. However, as the convictions mount, you are less likely to be recommended to probation and treatment and more likely to serve jail time.

From 2003 to 2009 DUI arrests in Petaluma rose from 335 to 608. It’s hard to say what’s behind the jump but it doesn’t take a genius or a multiple DUI offender to know that another approach should be taken to prevent the DUI incidences in the first place. Seven percent of DUI arrests are said to be from multiple time DUI offenders—a fact that should be looked into.

DUI Treatment Courts are one way in which the law is focusing more on treatment and prevention than punishment, and they seem to be working. These courts combine efforts from the typical courtroom personalities but also feature collaboration with community treatment programs.

Education and treatment in the DUI Treatment courts are seen as central to preventing further DUI law violations. These are an excellent option, though not available in all jurisdictions.

If you are facing charges of DUI, whether it’s your first or your fourth—We can help. Contact our offices today to see if there are DUI Courts in your area and find out what we can do to fight your case.

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California’s three strikes laws have been extremely controversial, often punishing people harshly and out of proportion for an offense or mistake that seems relatively minor. But some cases, like a recent conviction for a DUI murder, by a career criminal is not likely to  be one of those controversial cases.

One man, who is said to have had a long criminal history, won’t be able to rack up any more charges for quite sometime, according to the Sacramento Bee. The Bee reports that this man, convicted of second degree murder, will be sentenced next month. The sentence for this charge is typically 15 years to life, but this defendant’s criminal history serves to dramatically change that.

The defendant will be sentenced under California’s notorious Three Strikes law. The Bee reports his sentence, therefore is more likely to be somewhere between 30 years and a life sentence. His prior convictions of felony burglary, drug possession, and possession of a firearm will bolster his punishment.

The Three Strikes law has gotten negative publicity over the years for incarcerating nonviolent criminals to lengthy and potentially ill fitting sentences. This one, however, is likely to pass society’s litmus test as a young woman’s life was cut short in this tragic accident.

The victim was a 30 year old woman who had aspirations of teaching college English. Her family, and so many others like them, hoped to watch her grow old and blossom. But like her brother said: “She was a flower who was picked before her time.”

The results of this case may have been drastically different if the defendant had no criminal history. If this was his first offense and he had no prior run ins with the law, no addiction or alcoholic history, he may have faced a far less serious charge and a far more lenient sentence.

Your criminal history plays a big role at sentencing, even when the Three Strikes Laws don’t apply.

Typically, a judge used a presentence investigation to determine your sentence. The report from this investigation tells the judge all about your history, your ties to the community, and your potential success or failure on probation.

Having an aggressive defense attorney on your side from your arraignment to your sentencing date can ensure the judge is being made aware of the positive aspects of your life. I won’t let them trash your name in court.

Whether you are facing charges as serious as a DUI influenced accident or as simple as drug possession, I can help. Contact me today to discuss the details of your case.

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Starting on July 1st, 4 California counties begin a tough pilot program that requires an ignition interlock device for any driver convicted of a single DUI.The Fresno Bee reports that the counties are Tulare, Sacramento, Los Angeles and Alameda, which will join Arizona, Illinois, and a number of other states in enforcing the toughest restrictions on convicted drunk drivers.

Ingition interlock devices prevent a car’s ignition from starting unless a clean breath sample is provided. It is often called a “rolling breathalyzer”. Typically the threshold is set to a very low number, such as .02% BAC, which can be triggered by consuming one drink or less. The legal limit for intoxication is .08% BAC (Blood alcohol content).

The offenders will be required to keep and maintain these systems in their cars for at least 5 months. The cost for the operation and maintenance of the ignition interlock includes and installation fee, and monthly monitoring fees.

Controversies over the program include complaints from restaurant and beverage associations that it unfairly targets and inconveniences people who made a one time mistake. The American Beverage Association supports interlock programs for High BAC offenders (.15%) which is more correlated with chronic alcoholics and multiple DUI offenders.

If it is declared a success, the interlock  pilot program is expected to gradually expand to all California counties over the next several years.

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In an extreme, though not unusual enough case, a Redlands man is predicted to be facing serious charges in a police chase that ended with the death of a CHP trooper. The twenty year old is reportedly being held in San Bernardino County on suspicion of homicide and a slew of additional charges.

According to the San Bernardino Sun the man may also face charges of evading a police officer, DUI, and vehicle theft. They state he was driving a stolen car, fleeing from police, when the trooper’s vehicle slammed into a tractor trailer, killing the officer on impact.

What began as a foolish decision to drive drunk, ended in tragedy. Unfortunately, this is often how it goes with serious charges like this: one criminal violation leads to another and another before something tragic happens to stop the chain of events.

There’s no doubt in my mind that the defendant likely feels remorse. He probably wishes he would have never driven drunk, never got behind the wheel of a stolen car, and certainly never tried to get away from the police. Now, however, he faces a string of serious criminal charges and a potential lengthy, possibly even life, sentence.

When police chases occur it is usually the result of panic. Whether you are driving without a license or insurance, or if you are intoxicated—when you see those lights in the rear view, your initial reaction is to panic. That split second before you begin to slow down, a decision is made. This particular suspect made the decision to try and get away.

Whether you are drunk or simply driving recklessly, when the police try to pull you over, the best decision to make (for everyone involved) is to pull over. If you don’t, they will catch you and you will face additional charges.

Not all driving offenses are a simple ticket. Reckless driving, DUI, and extremely aggressive driving, are all serious criminal offenses that require the assistance of a local defense lawyer. Perhaps you have an explanation but feel like no one has taken the time to listen—I will.

As your defense lawyer, it’s my job to listen to what you have to say; explain your options to you; and represent you in court. Contact us today to discuss your case and see how I can help.

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Memorial Day weekend is upon us, and there will be “sobriety checkpoints”, also known as DUI roadblocks, out in many California cities and towns. There has always been a significant question about whether these roadblocks are an effective use of police manpower when if comes to keeping our roads safe.

As this op-ed in the Daily News suggests, these checkpoints are unlikely to catch chronic drunk drivers, who know to avoid these traps. They more often ensnare the average person who may have had a drink or two, and is perhaps just over, or even under the legal BAC limit, but may “fail” the so-called field sobriety test, as 1/3 of all people cannot perform balancing acts under threat of arrest.

Many law enforcement experts argue that roving patrols, out looking for dangerous and swerving drivers are a much better use of limited police resources than efforts to stop every driver at a certain location.

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This summer, four California counties will take place in a pilot program for first time DUI offenders. The goal of this program is to see how the installation of ignition interlock devices prevent first time DUI’s and second offense DUI’s.

According to the language of AB91 this pilot program will only be instated in Los Angeles, Alameda, Sacramento, and Tulare counties. The program will go into effect on July 1, 2010 and is anticipated to last until January 1, 2016.

Under current California law, ignition interlock devices (IIDs) are only installed after a first-time DUI when the offender’s blood alcohol content is over .15%. This new program will require it be installed on all first time DUI convictions.

An ignition interlock device is simply a lock placed on your car, preventing it from starting until a breath test is taken. The idea is to prevent people convicted of DUI from getting behind the wheel after drinking. More than just that, however, the devices are an extreme inconvenience, simply adding to the headache that is a DUI conviction.

AB91 will apply to all first time DUI convictions in these four counties. People who are convicted and then issued a restricted license or reissued their license after a period of suspension would also be affected. The bill requires the manufacturers and technicians of the devices to adopt a flexible fee schedule, allowing offenders to pay according to their ability.

Although this pilot program only affects four counties, it will make things extremely difficult for DUI convicts in those counties. When you consider how long maintenance and installation on an IID already takes, imagine if every DUI conviction required the equipment. This is somewhat of an extreme measure to put on first time offenders.

Interestingly, part of AB91 not getting a lot of attention is the language that requires makers of the ignition interlock devices to report incidences of false positives to the Department of Motor Vehicles. This aspect could play a crucial role in the defense of repeat DUI offenses when an IID is installed.

If you are facing charges of DUI, whether it’s your first or your fifth charge, I can help. The laws surrounding offenses like this can be confusing and overwhelming, particularly when things like this stand to muddle things from county to county.

Contact our defense lawyers today for assistance on your DUI case. Together we can look at the charges against you and develop a plan of action.

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In this report from the New York Times, a closer look at California DUI checkpoints reveals they are more likely to catch an unlicensed driver than someone driving under the influence. Driving without a license is a traffic offense that will get your vehicle impounded for 30 days, a far less harsh penalty than those seen by DUI suspects.

Depending on where the checkpoint is, the number of cars impounded for every DUI increases significantly. Though the checkpoints are designed to catch dunk drivers, in theory, the NY Times article suggests the cops are setting up shop where they know impounds will be high.

In Daly City cops impounded 39.5 cars due to no licensed driver for every 1 DUI. In San Rafael that number was 18.6 per every DUI. In several cities around L.A. the average is 20 cars impounded for every DUI arrest at a DUI checkpoint.

The legality of California’s 30-day impoundment law is in question and will be argued this year in from of the U.S. Court of Appeals. Considering California police impounded 24,000 vehicles at DUI checkpoints last year, a ruling against the law could mean far less work for tow companies and city impound lots in years to come.

Despite the DUI numbers being low when compared with impound numbers, DUI checkpoints have resulted in many arrests over the past few years, arrests based on people being under the influence and suspected of DUI. The penalties for a DUI are far harsher than being caught without a license, as this offense is criminal.

A first time DUI charge in California will likely cost jail time, fines, DUI school driver’s license suspension, and court probation. If this is your second or greater offense, those penalties increase.

When facing charges like this it’s important you have an experienced advocate on your side. When the cops stop you at a DUI checkpoint there are limits to what they can arrest you for. If you are facing criminal charges as a result of one of these checkpoints or if you are accused of DUI, call our defense lawyers today.

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