San Diego DUI Defense Lawyer

November 11, 2022

Avoiding Holiday Lockup and Long-Term Effects

For many, the holidays are a time of togetherness and celebration. Regrettably, not everyone has the opportunity to enjoy those wonderful family dinners and city lights. Sometimes allegations of criminal activity get in the way of the festivities.

Arrests During the Holidays

As most people know, arrests do not drop off simply because the holidays are ahead. Instead of getting locked up and suffering other penalties, you can enjoy the joy of the season by staying out of trouble with the law. Some of the common reasons people get arrested during the holidays include the following:

Drinking and Driving: We all know there are ample prospects for partying between Thanksgiving and New Year’s Eve. But getting a DUI is no way to enhance your holiday joy! If you are stopped with a blood alcohol limit of .08 or higher, you are pretty much assured of a night in jail, with costly additional penalties as a bonus. Assuming you do not injure or kill anyone, it could be a relatively short stay, but additional consequences will last long beyond the night of the arrest. So use your head: don’t drink and drive!
Family Violence: Financial pressure, demands from extended family, and infuriating crowds everywhere you go — it can all get to be more than a little challenging. The stress of it all can lead to clashes among family members.
Airport Contraband: For those who travel during the holidays, be sure you do not bring anything that will get you in trouble with the TSA, and make sure you know the laws in any state you visit. TSA does not permit marijuana at all—so do not bring it on the plane. And guns are never allowed in carry-on luggage. Be careful what you pack.
Porch Pirating: With the increased online shopping during the holidays, porch pirates are ever tempted to steal merchandise, even during broad daylight. But with all the doorbell cameras out there, getting caught is easier than ever. Plus, law enforcement place dummy packages to bait thieves. So, whatever you do, stay off of strangers’ porches.
Shoplifting: For those who wish to boost their holiday haul without paying for the merchandise, there is a real risk of being seen by the many cameras around these days, not to mention undercover security personnel and others. Retail theft is a major problem during the holidays, and in California, it can result in significant jail time.

April 15, 2022

Understanding Prescription Drugs and Impaired Driving Laws in California

by David M. Boertje

By the third quarter of 2021, there were an estimated 284 million vehicles driving about throughout the United States with 228.2 million licensed drivers. The United States has some of the highest levels of road traffic when compared to other similar developed nations. In terms of states, California has the most licensed drivers. Because of this heavy road traffic, the US also reports more frequent vehicular accidents than its counterparts.

There are many ways a car accident can happen, but speeding, driving under the influence, and distracted driving are some of the most common causes reported. A common misconception is that illegal drunk driving incidents only happen when a driver has alcohol in their system. While driving with a blood alcohol concentration of 0.08% or more is illegal and a frequent occurrence, there are other situations that also constitute driving under the influence.

Can You be Arrested for Driving With Prescription Drugs in Your System?

California drunk driving laws indicate that driving with more than a certain level of alcohol in the system is unlawful, but so is driving with drugs in the system. This is true for illicit substances, over-the-counter medicines, and those that come from a valid prescription.

If the drug or medication you are taking has impairing side effects, even if you only feel the symptoms are minimal, you should avoid driving until the drug is out of your system. If law enforcement pulls you over because they believe that you are driving unsafely or erratically, consistent with someone who is under the influence, they could arrest you if they find you ingested certain medicines.

For example, for nighttime cold medicine, the warning label will often indicate drowsiness is a side effect. Drowsy driving is incredibly dangerous; there are many issues a drowsy driver has operating their automobile that drunk drivers also have. Slower reaction time, inability to stay focused, and struggling to stay awake are just a few.

Another example is if you suffer from chronic pain, your doctor may have provided you with a prescription for narcotics to manage that pain. It is legal to take narcotics that were prescribed to you. But, if the narcotics cause you to feel dizzy, sleepy, affect your vision, or cause other side effects, you are putting both yourself and others in danger of injury or death when you get behind the wheel.

If you have a prescription or over-the-counter drug in your system and you cause a crash or are arrested, the fact that the medicines you took were legal will not be a valid defense to a driving under the influence of a drug charge.

There are some aspects of your arrest that you may be able to use in your defense, however. A San Diego DUI defense attorney will know what aspects of your case can be challenged to give you the best chances of overcoming your charges. Continue reading

January 15, 2021

How Legal Substances Can Lead to a California DUI Charge

by David M. Boertje

Driving while impaired is illegal even if you are being impaired by a legal substance. Those who are 21 years of age and older are legally able to consume alcohol, but if a drunk person gets behind the wheel and an officer suspects that driver to be intoxicated, the officer will pull the driver over. If it is determined that the individual is driving with a blood alcohol concentration that is over the legal limit, which is .08% or higher, the driver will be arrested.

If you have been arrested for driving under the influence of any impairing substance, legal or not, you will face charges. California DUI charges are serious, and it is important to protect your legal rights and freedoms by working with an experienced California criminal defense attorney. When you work with a California DUI attorney, you have the best chances of putting forth a strong and persuasive defense.

The Impact of a California DUI Charge

If you have consumed marijuana, which is now legal in the state of California, you can face a drugged driving charge for operating your vehicle while impaired. Even prescription medications and over-the-counter medications that cause side effects not compatible with safe driving can lead to criminal charges in California if their use leads to impaired driving. For example, if you are taking a prescription painkiller or an allergy medication that makes you feel sleepy, and you are driving erratically as a result, you may find yourself in a lot of legal trouble. You could be charged just as if you were driving with an illegal substance in your system.

There are several negative life implications that can result from a California DUI charge. If you are convicted of this crime, there are expensive fines you will be required to pay, in addition to paying for your court costs.

If you caused an accident as a result of driving in an unsafe physical condition, any damages that you caused to another party will be your responsibility. If you need to use your car insurance to pay for those damages, your premiums may increase sharply. Additionally, you could also be responsible for medical costs from injuries that you caused another party. A victim may bring a civil suit against you for additional financial compensation and depending on the nature of your accident you may even have punitive costs put on top of those extra losses that victim suffered.

Paying money to victims and to the court is not the only penalty you may face. Your record will reflect a DUI conviction which could limit your opportunities at gainful employment or acceptance to learning institutions. You also may have difficulty securing loans or renting a space to live. Continue reading

May 1, 2020

Incarcerated Mother, San Diego County, and HHSA Sued by Children After 2018 DUI Crash

by David M. Boertje

On Friday, March 27 a lawsuit was filed in San Diego federal court on behalf of three very young siblings who sustained injuries in a head-on crash on November 12, 2018. The suit is being filed against the children’s mother, who was driving the car while intoxicated.

Mayra Alejandra Gonzalez, 30, drove on the wrong side of Camino del Norte and smashed into another vehicle head-on. The driver of the other car was injured as a result of the crash. Gonzalez had a blood alcohol content of .29% after the crash, which is more than three times the legal limit.

Her three children sustained significant injuries from the incident. Her 9-month-old daughter was not in the proper child safety seat during the crash, but instead was being held by one of her sisters. When the accident took place she was thrust into the vehicle’s windshield and sustained a skull fracture and brain bleed. The young child still requires a feeding tube. Gonzalez’s two other daughters, aged 2 and 8, had facial injuries.

The suit alleges negligence and many other allegations against Gonzalez, San Diego County, and three social workers. The suit claims that the county was negligent in preventing Mayra from continuing to drive drunk, which she had done many times before the November 12th crash. She had a documented history of drunk driving, and social workers employed at the county’s Health and Human Services Agency were aware of her reckless behavior but ignored it, which put the children in immense danger.

There were four incidents in which Gonzalez was inebriated when she was driving with at least one of her children as a passenger in the car. Three were crashes that law enforcement and HHSA knew about. A crash in 2015 recorded her BAC at .26% and social workers indicated that services were necessary to assist Gonzalez and protect her children. However, no services or plan was made available and she was not required to attend substance abuse classes or parenting classes.

In 2016, she was driving drunk while pregnant and while her 5-year-old daughter was in the car. She caused another DUI crash which resulted in her arrest. She was charged with a felony and was sentenced to five years of probation. Even though social workers considered her a high risk to the safety of her children, they did nothing to intervene and help.

Gonzalez pled guilty to felony child abuse and DUI from the November 12th crash. She is currently serving her 14-year sentence in state prison.

April 17, 2020

Six Arrested for Drunk Driving at DUI Checkpoint in San Diego

by David M. Boertje

There were six DUI arrests made on a Saturday night last month. The San Diego Police set up a downtown checkpoint at the 1400 block of G Street and there were 1,765 vehicles that drove through the site. Out of the vehicles that passed through, 526 were screened.

The checkpoint was successful in stopping approximately 10 drivers. The SDPD set up the checkpoint between 11:00 p.m. on Saturday night until 3:00 a.m. on Sunday morning. The screens stopped six drivers who were suspected of driving under the influence of alcohol. There were two drivers who received citations for operating a vehicle without a license. In addition, two drivers were reported to have been issued citations for unspecified reasons.

DUI Checkpoints in San Diego

There have been eight DUI checkpoints around the city since the beginning of 2020. There were over 60 in the area in 2019.

DUI checkpoints are sometimes called sobriety checkpoints. Police will block traffic and signal various drivers to pull over when they arrive at the checkpoint. When the officer approaches the vehicle, he or she will ask to see your license and registration. Then the officer will proceed to ask various questions about what activities you were engaging in during the night. Those drivers who are not intoxicated or are not presumed to be by an officer pass through the checkpoint and continue on their way.

Drivers who exhibit slurred speech, abnormal movements, or other unusual behavior will cause the officer to believe intoxication is likely. Drivers who are suspected of drunk driving will be asked to perform a field sobriety test. What you will be expected to do in a sobriety test include:

Standing on one leg with your arms to the side
Walking a straight line putting one foot ahead of the other
Following a moving object with the eyes while keeping the head still

You cannot refuse a DUI checkpoint and avoid arrest in California, so do not try. These stations are not considered actions by police that violate individual constitutional rights. In addition to field sobriety tests, there are other tests that may be administered. Preliminary Alcohol Screening (PAS) is one that may be used. This is a portable breath test.

After you are arrested for a DUI, you will take either a blood or a breath test. If you do not comply with taking the test after the arrest has been made, you are going to make your situation worse. Additional charges will be added to your DUI.

Do You Need a DUI Defense Attorney in California?

Charges of drunk driving result in immediate suspension of your license. When a drunk driving accident results in bodily harm or death, it is critically important that you obtain aggressive representation because your charge will be considered a felony that will automatically come with prison time. Continue reading

October 3, 2019

Can I Get a DUI on an E-Scooter?

by David M. Boertje

E-scooters are a convenient way to get ahead of what may seem like unnecessary traffic in San Diego. E-scooters provide an alternative means of transportation and a source of entertainment for some riders. The rise in popularity of e-scooters in San Diego and other cities across the nation opens the door for a greater possibility of illegal activity such as riding under the influence of alcohol or other substances, which often result in DUI charges.

Law Enforcement Cracking Down on Illegal E-Scooter Activity

Yes, you can receive a DUI for riding an e-scooter under the influence. Law enforcement is taking steps to crack down on illegal activity on e-scooters. In fact, an article in Good Day Sacramento shows that the City of Los Angeles had its first DUI prosecution for a person riding a Bird e-scooter under the influence of alcohol.

The offender knocked over a 64-year-old on a sidewalk. Law enforcement determined that his blood alcohol content level was three times the legal limit, which is 0.08% in California. For his actions, he must complete 36 months of probation and also complete a DUI program.

E-Scooter Riders Must Follow the Law

As we mentioned in a previous article regarding traffic tickets and the new e-scooter regulations, e-scooter laws are enforceable by the San Diego Police Department. This means that as an e-scooter rider, you must follow the laws concerning the operation of the scooter.

The San Diego Municipal Code and California Vehicle Code explain the laws pertaining to scooters.

E-Scooter Incident Statistics

A recent study released by the UC San Diego Health system revealed the following statistics:

Approximately 40% of e-scooter injuries involve alcohol
52% of e-scooter users involved in accidents tested positive for drugs
65% of those injured on a e-scooter are men

An article in Consumer Reports shows that there were 1,500 e-scooter injuries in the United States in 2018. For this reason, e-scooter companies like Lime are taking necessary measures to protect riders and pedestrians and prevent incidents such as riding under the influence by developing systems and software to reduce the speed of the e-scooter if a rider is driving recklessly.

What to do if You Receive a DUI While Riding an E-Scooter

If you receive a DUI for riding an e-scooter under the influence, you should discuss the matter with an experienced San Diego Criminal Defense Attorney as soon as possible. It is important to retain the services of an attorney who can help you handle the full range of charges that may arise. Continue reading

May 31, 2019

Recently Cited for DUI? Avoid These Three Mistakes

by David M. Boertje

With Memorial Day in our rear-view, we have entered what law enforcement calls the 100 dangerous days of summer on the roads. According to California Highway Patrol (CHP), there were 1,099 DUI arrests made in California this past Memorial Day weekend, averaging 14 arrests per hour. This is a 4% increase from last year.

In an article by Times of San Diego, the CHP reports that while DUI arrests are down from last year, it is still a huge safety concern for California residents throughout the summer. Now that you are aware of the statistics, let us take some time to explore what a DUI is and what California law says about DUIs.

DUI and California Law

DUI is the acronym for driving under the influence. A DUI is simply the act of operating a motor vehicle while under the influence of drugs or alcohol. California Law states it is unlawful for a person to operate a vehicle if he or she is:

Under the influence of any alcoholic beverage.
Addicted to the use of any drug.
Under the influence of any drug.
Under the combined influence of any alcoholic beverage and drug.

If you were recently cited for DUI, this can be a frightening time. With help from Boertje and Associates, you can avoid three mistakes people usually make when they receive a DUI citation.

Speaking Up at the Wrong Time

Being cited for DUI can be overwhelming. During this time, you may be upset. Naturally, you will want to speak up for yourself and tell the officer your side of the story about what happened. At this point, you are so shaken up that you may have forgotten about your constitutional rights. You do have the right to remain silent, remember? Save yourself a headache and do not make the mistake of speaking up for yourself at the wrong time.

Ignoring the DUI and Wishing it Away

Whether this is your first DUI offense or not, ignoring it and wishing the DUI away will not do you any good. This is not the time to sit and twiddle your thumbs as if the DUI does not exist.

If you continue to ignore the DUI, your driving privileges will be in jeopardy. As a result, your license can be suspended or even revoked. You can also face jail time, receive hefty fines and costs, and be required to do community service. If this piece of information is not enough to get you moving, as of January 2019, the State of California requires anyone arrested for DUI to install an ignition interlock device (IID) in his or her vehicle after the arrest.

Waiting Until the Last Minute to Hire an Attorney

You should never attempt to pursue a DUI case on your own. Now is the time to hire an attorney to represent you in your criminal matter. An experienced, qualified DUI defense attorney is a great resource to assist you with your DUI defense. If you want to obtain favorable results, do not wait until the last minute. The sooner you hire an attorney, the sooner your attorney can begin planning a defense strategy for your case. Continue reading

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.