In the mid-90’s the California Department of Motor Vehicles began suspending the privilege to drive a vehicle following a BUI conviction. That action was stopped following a 2008 decision by the California Court of Appeals that the DMV lacked the authority to do so. Senate Bill 154 aims to reinstate the license suspension penalty. The legislation calls for the DMV to suspend driving privileges for those with a prior conviction for California DUI or BUI when found guilty of a subsequent offense. Offenders would also be required to complete an alcohol education program.

State records show that approximately one quarter of all deaths on California waterways involves alcohol impairment. Benoit issued a press release stating, “My legislation reflects the seriousness of BUI offenses, protecting the safety of travelers on California’s streets, highways and waterways.” The bill was passed by the Senate in late May and received support from the Assembly Committee on Public Safety last week. It is now scheduled for review by the full Assembly.

Have you been charged with BUI in CA?

Senator John Benoit’s bill would allow the DMV to suspend a boater’s license in the event of an arrest for boating under the influence. It would also mandate enrollment in an alcohol awareness program. Benoit says there is a need for making the state’s waterways safe for recreational and commercial use. Local harbor patrols agree, citing the responsibility a boat operator has to the occupants of the vessel.

During 2007, there were a reported 55 boating accidents resulting in fatality in California waters. Nearly half of the fatalities were boat passengers and 20 victims were found to be under the influence of alcohol.

Lawmakers and law enforcement officers alike hope that people who venture out on the water first establish a designated boater for safety.

Have you been arrested for DUI in CA?

The same penalties apply if a breath test reveals a BAC of .01% or greater.

Have you been arrested for DUI in CA?

As with a motorized vehicle, a first time DUI offense is typically filed as a misdemeanor. The penalties can include fines and mandatory community service. If convicted, a bicycle DUI in California will remain on a person’s Department of Motor Vehicles driving record for three years.

If you have been charged with driving under the influence in California you need to hire an experienced CA DUI Lawyer.

See the Third District Court of Appeals of California's Ruling

The decision by the three judge panel involves a case filed against two California Highway Patrol officers. The CHP officers arrested Scott St. Pierre for California DUI and driving with a suspended license, after a minor traffic accident. Later in the day, police released St. Pierre and allowed his mother to retrieve his impounded car. Hours later St. Pierre was involved in an accident that killed Jerry Walker. Relatives of Walker sued the California Highway Patrol, saying that the CHP officer’s failure to keep St. Pierre’s seized vehicle resulted in a wrongful death. A trial court agreed that when a vehicle is seized during a suspended license case, the law says it must be impounded for thirty days.

The Appeals Court found the trial court had technically misread the law. The Appeals judges went on to say that their interpretation follows the legislative intent of the law. They pointed out that the state of California would need the space to store one million vehicles if every motorist driving without a license was apprehended and their vehicles impounded for thirty days.

The Court also ordered the dismissal of the suit filed against the CHP officers.

Arrested for a DUI in California? You will need to hire a California DUI lawyer to help you fight your drunk driving charge and to save your driver's license.

A county sheriff’s deputy patrolling in an unmarked police car became suspicious of a vehicle driven slowly by Paul Dyer. After following Dyer and claiming his Jeep Cherokee crossed highway lines several times, a traffic stop was initiated. The officer suspected driving under the influence in California and had a second deputy arrive on the scene with a marked squad car. Though a breath test revealed a blood alcohol content below the legal limit for intoxication, the officer deemed the test ‘inconclusive’ and had Dyer arrested anyway.

A trial court dismissed the California DUI and ordered the return of the defendant’s driver’s license. The Department of Motor Vehicles appealed that decision.

California has outlawed unmarked police cars since 1923, in a direct effort to eliminate speed traps designed to supplement local revenues through exorbitant fines. The statute requires distinctively marked law enforcement vehicles.

The three-judge Appeals Court ruled that the officer with the unmarked vehicle in the Dyer case only played a supervisory role, and the actual arrest was made by the second officer. In addition, the court declined to apply the speed trap law to other traffic offenses, like drunk driving in California. The court ordered a new trial to determine if Dyer was legally intoxicated at the time of his DUI arrest.

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The bill states that the return of a motorist’s driver’s license would be contingent upon the documented installation of an ignition interlock device.

If you have been arrested for Driving Under the Influence in California you will need to hire a qualified California DUI attorney.

Driving in Arresting Officers Presence

This always involves a question of whether or not the defendant's activities witnessed by the arresting officer amounted to the act of "driving".

Circumstantial Presence Evidence

People v Bellomo (1984) . . . there was no need to decide whether or not the defendant was driving in the presence of the arresting officer when the defendant was found asleep behind the wheel, with the engine running, in a traffic lane, awaiting a red light . . . guilty (40300.5).

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Under California law, anyone who drives a car implicitly agrees to submit to a test for alcohol or face a license suspension. In upholding Troppman's suspension by the Department of Motor Vehicles, a state Court of Appeal panel in San Francisco ruled in February that the requirement covers any case in which police reasonably suspect the person had been driving while drunk.

To go further and require proof that the person had actually been driving "would undermine the policy goals of encouraging cooperation in testing and deterring of drunk driving,'' said Justice William McGuiness.

But Troppman's lawyer, John Halley, said in a Supreme Court appeal that implicit in the law is a requirement that authorities show proof of actual driving, because "it is the act of driving from which consent (to be tested) is implied.'' The case is Troppman vs. Gourley, S13249.

DRUNK DRIVING - LICENSE SUSPENSION - NO EVIDENCE OF DRIVING REQUIRED

Troppman v. Gourley (2005) Cal.App.4th , 05 C.D.O.S. 1190 First Dist., 2/8/05, A105287

CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT - DIVISION THREE (PDF Download)

License of suspected drunk driver may be suspended or revoked for refusal to submit to chemical test even in absence of finding that person was actually driving a car at the time of the offense. Follows its prior decision in Rice v. Pierce (1988) 203 Cal.App.3d 1460, and declines to follow Jackson v. Pierce (1990) 224 Cal.App.3d 964 (from the Fifth).

Use Note: the driver in this case was slumped over the wheel of a stopped car, and was the only occupant. I think the result would be different if a drunken licensee was being driven home by a designated driver. Here the arresting officer had reasonable cause to believe licensee had been driving.

By Bob Egelko, Chronicle Staff Writer

Friday, May 20, 2005

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(1) Submits proof satisfactory to the department of enrollment in, or completion of, a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in subdivision (b) of Section 23538.

(2) Submits proof of financial responsibility, as defined in Section 16430.

(3) Pays all applicable reinstatement or reissue fees and any restriction fee required by the department.

(b) The restriction of the driving privilege shall become effective when the department receives all of the documents and fees required under subdivision (a) and shall remain in effect until the final day of the original suspension imposed under paragraph (1) of subdivision (a) of Section 13352, or until the date all reinstatement requirements described in Section 13352 have been met, whichever date is later, and may include credit for any suspension period served under subdivision (c) of Section 13353.3.

(c) The restriction of the driving privilege shall be limited to the hours necessary for driving to and from the person's place of employment, driving during the course of employment, and driving to and from activities required in the driving-under-the-influence program.

(d) Whenever the driving privilege is restricted under this section, proof of financial responsibility, as defined in Section 16430, shall be maintained for three years. If the person does not maintain that proof of financial responsibility at any time during the restriction, the driving privilege shall be suspended until the proof required under Section 16484 is received by the department.

(e) For the purposes of this section, enrollment, participation, and completion of an approved program shall be subsequent to the date of the current violation. Credit may not be given to a program activity completed prior to the date of the current violation.

(f) The department shall terminate the restriction issued under this section and shall suspend the privilege to operate a motor vehicle pursuant to paragraph (1) of subdivision (a) of Section 13352 immediately upon receipt of notification from the driving-under-the-influence program that the person has failed to comply with the program requirements. The privilege shall remain suspended until the final day of the original suspension imposed under paragraph (1) of subdivision (a) of Section 13352, or until the date all reinstatement requirements described in Section 13352 have been met, whichever date is later.

(g) The holder of a commercial driver's license who was operating a commercial motor vehicle, as defined in Section 15210, at the time of a violation that resulted in a suspension or revocation of the person's noncommercial driving privilege under paragraph (1) of subdivision (a) of Section 13352 is not eligible for the restricted driver's license authorized under this section.

(h) If, upon conviction, the court has made the determination, as authorized under subdivision (d) of Section 23536 or paragraph (3) of subdivision (a) of Section 23538, to disallow the issuance of a restricted driver's license, the department may not issue a restricted driver's license under this section.

(i) This section shall become operative on September 20, 2005. Added Sec. 5, Ch. 551, Stats. 2004. Effective January 1, 2005. Operative September 20, 2005

Source: http://www.dmv.ca.gov/pubs/vctop/d06/vc13352_4.htm

If it is your first DUI you will need a California DUI Attorney.

If you talk to a DUI attorney that knows the ins and outs of the California DUI laws, there are all sorts of variables to consider. Usually you will not give a clear answer. After ten years of working with first offenders I can tell you within a general framework of what MOST DUI (VC23152) first offenders receive in the 10 county Bay Area.

First Offender Penalties

In Court

• $1200 fine.
• 3 years probation (informal - no probation officer).
• 3-5 days sheriff work alternative program (picking up trash, cleaning buses, etc.) OR
• 90 license restriction (to start AFTER 4 months DMV suspension is over).
• First Offender School (3/4 months long).

This is in addition to the four months immediate DMV suspension that starts 30 days after your driving under the influence stop.

These two ACTIONS (court and DMV) are SEPARATE and do not influence one another. Many times someone gets their license back by going to the DMV hearing and then is convicted in the court. Or, the DA drops the charges and the DMV still suspends your license!

With the conviction in the court you are allowed to get a restricted license AFTER a 30 day hard suspension (after the 30 day temporary license period is over = two months after your DUI stop). This allows you to drive to and from work and in the course of your employment and to and from the DUI class. The only 'draw back' to the license restriction is that it is restricted for 5 months (they say 6 but the DMV counts the first month of suspension). OR you can ride out the 4 months suspension period and get you license back. BUT, once the court notifies the DMV that you have been convicted of driving under the influence or a wetreckless and as part of your probation you have been sent to a First Offender Program. The requirement to show proof of completion of the program will be added to the list of items needed (Proof of Insurance SR-22 and pay $125 to get your license returned.

Remember after January 1, 2003 ALL persons convicted of a DUI in California (23152) will be required to attend and complete a level one program (whether the court sent you to one or not!)

This is GENERALLY the way it works for those convicted of a misdemeanor first offense DUI.

If it is your first offense you will need a California DUI Lawyer.

The difference between a misdemeanor and a felony is: misdemeanor driving under the influence charges means that the charge involved no injury or property damage and the penalty is up to 6 months in jail whereas a felony has injury and the penalty could be as much as up to one year in a state prison.

VC 23152: Alcohol and or Drugs: (a). It is unlawful for any person who is under the influence of an intoxicating beverage,or under the combined influence of an alcoholic beverage or drug to drive a vehicle.

The problem immediately is what does "under the influence" mean?

The most common understanding of the term is when the person starts to stumble and fall, lose coordination, have slower reaction times, lose the ability to process information, experience visual impairments or go through personality changes.

Standard Dictionary Definition

Webster defines intoxicated as being 'elated', hardly a legal definition.

A legal definition, from 1970 states under the influence as:

person is under the influence of intoxicating liquor when as a result of drinking such liquor his physical and mental abilities are impaired so that he no longer has the ability to drive a vehicle with the caution characteristic of a sober person of ordinary prudence under the same or similar circumstances.

The second part of the vehicle code DUI law continues to state in addition to the above "under the influence" paragraph, a driver is also under the influence when:

VC 23152: Alcohol and or Drugs: (b) It is unlawful for any person who has a .08 percent or more by weight to drive a vehicle.

This more exacting definition of what under the influence is was put in the vehicle code in 1982 and is considered "per se". Under the CA DUI laws, when you are arrested for DUI in California and you must submit to a chemical test, the results of that test can be used as evidence in court. This is called presumptive or prima facie evidence. Technically, prima facie means "at first view." Legally, it means "adequate to establish the fact unless refuted" (proved wrong).

Illegal "per se" law means that no evidence other than the results of a properly obtained chemical test is required to convict the defendant. In other words, if you're chemical test results are a .08 (and all else was legal i.e. stop, arrests etc.) you are considered under the influence according to the California DUI laws.

Legal presumptions about levels of alcohol in the blood are stated in presumptions about under the influence are stated in another law VC 23155.

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If you have been arrested for driving under the influence, you will need to find California DUI Lawyers.

If you have been arrested for drunk driving you will need a California DUI Lawyer.

Cell Phones Operative July 1, 2008 Requires the use of hands-free wireless phones as of July 1, 2008, with limited exceptions.

Commercial Driver License Ensures immediate administrative driver licensing sanctions are imposed when any driver is operating a commercial vehicle with a blood alcohol concentration (BAC) of .04% or greater.

Requires California to report convictions of commercial driver traffic violations to the home state of the commercial driver for sanctioning purposes. Establishes the following: A first conviction for driving any vehicle under the influence of drugs is cause for the disqualification of the commercial driving privilege for one year. A commercial driver who is convicted of leaving the scene of an accident, regardless of whether the violation occurred in a commercial vehicle or the driver's personal vehicle, is subject to the disqualification of the commercial driving privilege for one year. A first conviction of gross vehicular manslaughter or vehicular manslaughter is cause for the disqualification of the commercial driving privilege for one year. Eliminates the authority for the issuance of a restricted commercial driver's license when the driving privilege is suspended or because the driver or driver's family has a serious health problem (does not prohibit the issuance of a restricted Class C or M license; thereby allowing the commercial driver to operate a non-commercial vehicle).

Driver License Removes the minimum age requirement for persons to consent to participate in the organ and tissue donor program.

Driver License Suspension Increases the mandatory driver's license suspension period to ten months for persons convicted of a first offense of Driving Under the Influence of alcohol if the individual's blood alcohol concentration level was .20% or greater, and the court orders an enhanced alcohol treatment program.

Driving Infraction Creates a new infraction for driving a motor vehicle while knowingly permitting a person to ride in the trunk. A passenger found guilty of riding in the trunk of a vehicle would be guilty of an infraction. Both the driver and passenger would be subject to fines pursuant to a specified schedule. A driver convicted of knowingly permitting passengers to ride in/on the trunk of a vehicle would receive one negligent operator point on his or her driving record.

Makes driving under age 21 with a blood alcohol concentration of 0.01% or greater a citable offense, and if convicted, the person would be guilty of an infraction subject to increased court fines. Currently subject to suspension under the Zero Tolerance Law. However, this would not be a point count, according to Vehicle Code §12810.

Emergency Vehicles Requires drivers to take specific precautionary actions on a highway when passing a stopped emergency vehicle when the emergency lights are activated. Makes it an infraction for failure to comply with those requirements.

Equipment of Vehicles Clarifies existing statute regarding the use of headlamps during darkness and/or inclement weather.

Graffiti and Vandalism Allows courts to impose increased driver license sanctions for graffiti and vandalism. Courts may now suspend a driver license for a period of up to two years, or delay issuing a license for a period of one to three years.

Ignition Interlock Device Prohibits a manufacturer of an ignition interlock device (IID) from furnishing information to any individual or entity that would allow modifications to be made that would allow it to be used in a manner that is contrary to its intended purpose. Prohibits the tampering of an IID by a service center or technician and prohibits reinstatement of the driving privilege until the DMV receives proof that the device has actually been installed. Requires DMV to verify installations on court ordered IID.

Mature Driver Improvement Course Revises the Mature Driver Improvement Program by increasing the maximum allowable course fee and by providing for a renewal course with reduced instructional time. Addresses comments of course participants who do not believe the full 400-minute course is necessary every three years for renewal purposes. Allows course providers to charge a fee of up to $30 for either the initial or renewal course and providers indicate this fee increase is needed because costs have risen since the inception of the program in 1986. Requires DMV to establish standards and develop criteria and review each provider's renewal course lesson plan to ensure it meets the Mature Driver Improvement Course requirements.

Pull Notice Adds ambulance certificate holders to the current list of certificate holders who are required to participate in the department's Pull Notice Program.

Reckless Driving/Racing Increases penalties for first conviction of reckless driving or engaging in a speed contest resulting in specified injuries to a person other than the driver. First-offenders would be subject to confinement in state prison or county jail for not less than 30 days nor more than 6 months, or by a fine of not less than $220 (reckless driving) or $500 (speed contest) nor more than $1000. The specified injuries which would incur these sentences are; loss of consciousness, concussion, bone fracture, protracted loss or impairment of function of a bodily member or organ, wound requiring extensive suturing, serious disfigurement, brain injury, and/or paralysis.

School Bus Certificate Authorizes the California Highway Patrol to conduct a preliminary criminal and driver history check to determine the eligibility of an individual prior to issuing a special certificate authorizing the operation of a schoolbus, school pupil activity bus, youth bus, or a general public paratransit vehicle. Exempts school bus mechanics and driver trainees from having to obtain a school bus endorsement for the operation of the vehicle provided they are not engaged in the transportation of children.

Three-Tier Driver Assessment Project Requires the department to conduct a study of a Three-Tier Driver Assessment System, contingent upon receipt of grant money, and determine the effectiveness of the program in identifying functional impairments, reducing crashes, and prolonging safe driving years of all drivers regardless of age.

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Source: http://www.dmv.ca.gov/about/leg/leginfo_dl.htm

Motorists who have been convicted of certain driving violations, including California DUI and reckless driving, can have their record ‘expunged’. A request to clear one’s arrest record can be made after successful completion of the terms of probation mandated by a court. Moving violations, like speeding, are removed from the Department of Motor Vehicles records over time. Criminal convictions, however, remain on a permanent record unless they are expunged.

Last June, Governor Arnold Schwarzenegger signed California Assembly Bill 645, which, when it goes into effect in January, will alter the current expungement law and make it more difficult to clear one’s record. The new law will require those seeking to expunge their records to prove to a judge that the request is “in the interest of justice.”

The consequences of having a criminal record are significant. Computers, and the subsequent growth in databases with personal information, mean that arrest records are easily discovered and shared. Canada has long denied those with a criminal record to enter the country, and file sharing with the United States since September 11, 2001 has led to a marked increase in the enforcement of that statute. A criminal record can make it difficult to find or keep a job, as reports show that more than 80% of employers routinely perform background checks on job applicants.

California criminal defense lawyers are urging their clients to apply for expungement before the January 1, 2008 deadline. If not, they warn that those who have been convicted of DUI in California, reckless driving or driving with a suspended driver’s license may have to go through life with a permanent criminal record.

Are you in need of a California DUI Attorney?