DUI Tag Archives — San Diego Criminal Lawyers Blog

November 22, 2024

When You are Pulled Over for a DUI

You see those flashing red and blue lights in your rearview mirror, and you are hoping someone else is being pursued. But your stomach drops when you realize that it is you that the officer is interested in. It is stressful enough to be pulled over—and the panic really escalates if you have had a drink or two before getting behind the wheel. What should you do?

Keep Your Head on Straight

Clearly, you need to pull over; do not even entertain the idea of trying to outrun the patrol car. Do it as quickly and as smoothly as possible, signaling your intent. After you are safely on the side of the road, turn your ignition off, roll down your window, and prepare to talk to the officer, keeping your hands visible at all times. As the officer approaches, remind yourself that a little politeness goes a long way. Obey the officer’s request to see your license, registration, and insurance cards. If you are asked about where you have been, where you are going, or whether you have been drinking, respectfully assert your right to remain silent. If things seem to escalate, tell the officer you would like to have an attorney present for any further questioning.

Breathalyzer or Blood Tests

California’s implied consent laws require drivers to comply with an officer’s request to administer a test to determine your blood alcohol level. First, they will likely want to conduct a field sobriety test. If you choose not to cooperate with the request for a blood test, urine test, or breathalyzer, it will likely lead to your arrest. It could also result in the revocation of your driver’s license, the installation of an ignition interlock device in your vehicle, and potential charges. Ostensibly, you were pulled over for some sort of recklessness, so even if you cannot be charged with DUI, reckless driving could be its own nightmare. Additionally, it is possible for police to obtain a warrant to get the blood draw.

After an Arrest

If the officer chooses to arrest you, do not forget to be compliant and again request the presence of an attorney before answering any questions. You could be facing some severe consequences, including increased insurance rates, community service, fines, DUI school, and even time in jail. A conviction can definitely have long-term consequences since you will have a permanent blemish on your record, which could affect employment opportunities and more. Continue reading

February 8, 2019

Mandatory Installation of Ignition Interlock Devices

by David M. Boertje

Individuals arrested for driving under the influence (DUI) in California are now required to have an ignition interlock device (IID) installed in their motor vehicle after arrest. Effective January 1, 2019, an individual facing DUI charges will be able to maintain unlimited driving privileges while their regular license is suspended so long as the IID is installed in this or her motor vehicle.

Changes to the Vehicle Code

Senate Bill § 1046, signed into law by former Governor Jerry Brown, amends the Vehicle Code to require individuals convicted of DUI to install an IID on their vehicle for at least six months following their conviction.

What is an IID?

According to California’s Department of Motor Vehicles, an IID is about the size of a cell phone and is connected or wired to your vehicle’s ignition. The IID requires a breath sample before the engine will start. If the device detects alcohol on the driver’s breath, the engine will not start. The results of the failed test are also sent to the court, including the probation or parole officers assigned to your case, triggering a violation of a bail, probation, or parole condition. You will be asked to pull over and stop driving while you conduct a repeat test to make sure there is no alcohol in your system.

Duration of IID in Vehicle Depends on Conviction Record

The general rule is, if it is your first DUI conviction and no passenger or pedestrian got hurt, you may be offered the option to choose between installing an IID for six months with full driving privileges or not installing an IID but having a restricted (or suspended) license for one year. If a passenger or pedestrian gets hurt because you were driving under the influence, you will be required to install an IID in your vehicle for six months.

Repeat offenders will need to install and maintain an IID for more time. Second DUI conviction will require you to install an IID for one year. A third DUI conviction will require you to install an IID for two years. A fourth or subsequent DUI conviction will require an IID installation for three or more years. Continue reading

September 23, 2016

The Difficulty of Enforcing Laws Against Driving While High

by David M. Boertje

NPR just published a relatively detailed story on how difficult it is to enforce DUI (driving under the influence) laws for those under the influence of marijuana. Like the rest of the nation, the state of Colorado has seen a sharp increase in marijuana DUI arrests. So far, State Patrol data illustrates that the number of citations rose from 316 in 2015 to 398 this year.

Colorado’s marijuana DUI law is modeled on the one for alcohol, which sets a number for blood-alcohol levels to determine when someone is too intoxicated to drive. For pot, that number is five nanograms of THC per milliliter of blood. That means it is illegal to drive if you have anything over that level. However, according to the Center for Medicinal Cannabis Research at the University of California, San Diego, measuring a person’s THC is actually a poor indicator of intoxication. This is because unlike alcohol, THC gets stored in your fat cells, and is not water-soluble like alcohol. As a result, one can still test positive for THC even a week after consumption. This is something defense attorneys all too easily point out.

As far as policy implications, scientists at UCSD say that what cops really need is a simple roadside sobriety test.

Driving Under the Influence of Marijuana in California

Aside from normal DUIs, California is one of the many states that have a specific statute that addresses driving while under the influence of marijuana. See CA Vehicle Code 23152(e). One is considered “under the influence” of marijuana if, as a result of consumption, his or her mental and physical abilities are impaired so that he or she cannot drive like a sober person.

The tricky thing with driving while under the influence of marijuana is that there is no “per se” amount of THC in the bloodstream that can easily establish impairment unlike alcohol (.08%). Chemical tests still cannot accurately reveal how much THC one has consumed, or how recently. As a result, police will have to look to other factors, such as: your driving pattern, physical appearance, statements to police, and your performance on field sobriety tests.

If convicted of a marijuana DUI, one may face probation for three to five years, and six months in jail. You will also face extensive fines and a suspension of your driver’s license. If someone is injured or killed as a result of the impaired driving, then one may be facing a felony charge punishable by state imprisonment and a suspension of a driver’s licenses for a year. Continue reading