DUI Category Archives — Page 2 of 2 — San Diego Criminal Lawyers Blog Published by San Diego, California Criminal Attorneys

June 1, 2016

Riverside: Unmarked Police Vehicles Will Stay That Way

Last month, officials from the city of Riverside announced that they will not be repainting some of their unmarked police vehicles back to the standard black and white. The idea was discussed at department meetings after City Councilman Mike Soubirous, who happens to be a retired California Highway Patrol officer, questioned why city police have more unmarked cars than marked vehicles. Out of the Riverside PD’s 345-vehicle fleet, 124 cars are marked, 195 are unmarked, and others are specialized vehicles.

Police chief Sergio Diaz has reportedly claimed cost to be a primary determining factor. It would cost $2.6 million to convert unmarked cars to marked ones, and he did not believe having more visible police cars would deter crime. The City Council did not dispute the Riverside PD and will not be taking any action.

It is Legal for Police to Use Unmarked Vehicles to Give Out Traffic Citations

September 30, 2015

Placer Sheriff’s Office Receives Grant to Help Curb Underage Drinking

by David M. Boertje

In lieu of the start of the school year for many college and school-aged students, the Placer County Sheriff’s Office in Northern California has received a $50,000 grant from the California Department of Alcoholic Beverage Control (“ABC”) for programs to combat underage drinking and alcohol sales to minors. The Roseville Police Department will participate in the grant, assisting the Sheriff’s office in providing training regarding alcohol-related crimes and their effects for school staff members, parents, students, and the community. The Sheriff’s Office plans to target ABC licensed stores that sell alcoholic beverages to minors and obviously intoxicated adult patrons. Minor-decoy and shoulder-tap operations also will be conducted countywide in an effort to reduce minors’ access to alcohol.

Counties throughout the state are cracking down on alcohol sales to minors. Earlier this summer, an undercover operation across the state called Operation “Shoulder Tap” led to the arrest or citation of over 400 people in San Diego for purchasing alcohol for a minor.

Minors in Possession of Alcohol

July 23, 2015

Field Sobriety Tests in California

by David M. Boertje

With the start of the legislative session, California Senate members were given cards with a number for 24 Hour transportation. As exposed by the Sac Bee, California Senate officials have hired two part-time employees to provide late night rides for members while they are out in Sacramento, following the high-profile drunk driving arrests involving lawmakers in recent years. In particular, Assemblyman Roger Hernandez (D-West Covina) has failed three field sobriety tests, Sen. Ben Hueso (D-San Diego) recently plead guilty to a “wet reckless” charge, and Assemblyman Martin Garrick (R-Solana Beach) and Sen. Roy Ashburn (R-Bakersfield) have both plead no contest to DUI charges.

It is no secret that California has a high rate of DUIs, and police will be cracking down. It seems as if both lawmakers as well as citizens will likely encounter a field sobriety test at one point or another—even if they have not been drinking at all.

What is a Field Sobriety Test?

Field sobriety tests are a series of tests a police officer will request on the side of the road if the officer suspects you have been driving while under the influence of alcohol or drugs. They typically occur on the side of the road after you have been stopped, so law enforcement can make sure you are not too impaired (above the legal limit) to drive.

There are over 12 different tests, but according to the National Highway Traffic and Safety Administration (NHTSA), there are 3 main standard field sobriety tests that are most effective:

The Horizontal Gaze Nystagmus (HGN)- In this test, police will waive a pen in front of your face and telling you to follow it with your eyes.
The divided attention (aka walk and turn)- Police will ask you to take steps down a straight line in a heel-to-toe manner. This will test your concentration in doing two things at once.
One leg stand: You will be asked to stand on one leg and count out loud.

Other tests include balancing on different legs, counting backwards, or reciting the ABC’s.

You May Refuse a Field Sobriety Test

Under California law, you may legally decline to take a field sobriety test; there are no penalties, although prosecutors will notably paint your refusal as a “consciousness of guilt.” Moreover, the police may have already made their judgement when they decided to stop and ask you to volunteer evidence against yourself.

March 18, 2015

A Quick Explanation of California’s DUI Law and Other Alcohol-Related Crimes

by David M. Boertje

As another Saint Patrick’s Day kicks off in sunny San Diego, the SDPD will certainly be out in full force looking out for drunk drivers. According from the most recent California DUI statistics from 2007, there were nearly 1,500 alcohol-involved fatalities and more than 200,000 DUI arrests.

In California, there are 2 ways to get a DUI (“driving under the influence”)/ DWI (“driving while intoxicated”). The first occurs when one’s blood alcohol content is:

0.08% or higher (21 years old).