The increased patrol presence in the Bay Area yielded more DUI arrests in the first three days of the holiday than the entire holiday arrest total for 2006.

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

Are you in need of a California DUI Attorney?

Are you in need of a California DUI Lawyer?

March 31, 1997

DUI Deaths, Injuries, Arrests and Repeats Continue to Drop

Deaths from alcohol related accidents fell again in 1995, as did injuries, DUI arrests and repeat offenses, according to an annual report to the legislature issued by the California Department of Motor Vehicles.

"The report reflects an unprecedented change in public behavior that saves hundreds of lives yearly," said Department of Motor Vehicles Director Sally Reed. "This is the sixth straight year the numbers have declined," she added.

She said the change was brought about by public pressure, tough new laws, strong law enforcement efforts and public education campaigns. Alcohol related deaths, which peaked at 2,754 in 1987, fell to less than half that at 1,343 in 1995. Reed said though she was pleased with the improvement, she realizes that each death is a cause for concern.

The survey shows about 90 percent of DUI offenders are male, the average age is 33 years old, and the Blood Alcohol Concentration (BAC) averages almost .17 -- more than twice the legal limit of .08.

The report shows that DUI offenders were less likely to be repeaters than in previous years. In 1989, repeat offenders accounted for 37 percent of DUI convictions. That figure dropped to 31 percent in 1994, the last year for which data is complete. Applying the percentages to raw numbers makes the drop more dramatic from about 80,500 repeaters in 1989 to 45,000 in 1994.

In evaluating which sanctions prevent repetition of DUI offenses, the report concludes that those given license restrictions combined with a treatment program do at least 12 percent better than with any other alternative.

The data also shows that jail was the least effective penalty for first offenders. First time offenders sentenced to jail had 20 percent more subsequent DUI incidents than those sentenced to other DUI sanctions. Sanctions evaluated were probation, jail, various alcohol treatment programs, license suspensions by DMV and the courts, and mandatory use of an ignition interlock device.

Approximately 73 percent of all those arrested were convicted of a DUI offense and another 9 percent were convicted of reckless driving involving alcohol.

Are you in need of a California DUI Lawyer?

In light of the fact that drunk driving deaths in California jumped by 5.5% in 2005, the American Beverage Institute (ABI) is urging state law enforcement officials to abandon their ineffective roadblock campaigns.

According to the newly released National Highway Traffic Safety Administration (NHTSA) data on 2005 alcohol-related fatalities, there were 76 more people killed in drunk driving fatalities in California last year than in 2004.

"It is time for California to reevaluate how it is addressing its drunk driving problem," said ABI Executive Director John Doyle. "Rather than rely on roadblocks, as California does, the state should invest more of their law enforcement resources in roving police patrols."

According to a landmark NHTSA study, "the number of DWI arrests made by the roving patrol program was nearly three times the average number of DWIs made by the checkpoint programs."

The newly released NHTSA data also reinforce the superiority of roving patrols over roadblocks:

• The 11 states that do not operate roadblocks experienced a collective drop of 91 fewer alcohol-related fatalities in 2005 compared to 2004;
• The 39 states (plus the District of Columbia) that operate roadblocks saw a collective increase in alcohol-related deaths; and
• If non-roadblock states are removed from the equation, there would have been a net increase in nationwide alcohol-related fatalities last year.

"It is incumbent upon the states to use the most effective measures available, and clearly the data show that roving patrols are much more effective than roadblocks at getting drunk drivers off the road," said Doyle.

The American Beverage Institute is an association of restaurants committed to the responsible serving of adult beverages. To learn more visit: http://www.americanbeverageinstitute.com/.

© Copyright 2006 YubaNet.com

Source: http://www.YubaNet.com

Are you in need of California DUI Lawyers?

Are you in need of a California DUI Attorney?

In 1990, California became the 28th state to implement an immediate driver license suspension law also referred to as an "Administrative Per Se (APS)" or "on-the-spot" license suspension law The California APS law requires the Department of Motor Vehicles (DMV) to suspend or revoke the driving privilege of persons who are driving with a blood alcohol concentration (BAC) of .08% or more, or who refuse a chemical test upon arrest. In January 1994 California implemented a companion driver license suspension law, known as the "zero tolerance law," which requires DMV to suspend for one year any driver under age 21 with a BAC of .01 % or more as measured by a preliminary alcohol screening test, or who refuses or fails to complete the test. These administrative actions are independent of any criminal penalties imposed in court for conviction of the driving-under-the-influence (DUI) offense. Upon arrest, or detention (as applicable in the .01% APS law), the driver's license is immediately confiscated and an order of suspension or revocation served.

For either law, due process is allowed by the issuance of a 30-day temporary license intended to provide the driver with sufficient time to challenge the suspension through DMV administrative review. The time allowed to challenge the suspension was reduced from 45 days on July 1, 1993. As of January 1, 1993, offenders who are dismissed for insufficient evidence or are never charged by the court may request an APS dismissal hearing to consider setting aside the associated APS action. Under the .08% APS' law, when a driver submits to and "fails" a BAC test and has no prior DUI convictions or APS actions (within 7 years), a 4-month license suspension Is imposed. Following, 30 days of "hard" suspension, and providing they first demonstrate proof of insurance, show proof of enrollment in an alcohol treatment program, and pay all penalty fees, the law provides for such drivers to obtain either a 60-day restricted license to drive to and from an alcohol treatment program, or (as of January 1, 1995) a 5-month restricted license which also allows driving to, from, and during the course of employment A 1-year suspension is imposed on drivers having one, or more prior DUI convictions or APS actions within 7 years, with no provision for a restricted license.

Under this law, for offenders refusing a BAC test, a 1-year license suspension Is imposed for a first offense, a 2-year revocation Is imposed for a second offense, and a 3-year revocation is imposed for a third or subsequent offense (within 7 years). There are no provisions for issuance of a restricted license following a BAC test refusal.

The .01% BAC law requires a 1-year suspension and provides for: a hardship restriction only if the preliminary breath test was completed and the driver can demonstrate a critical need to drive.

To prevent undue hardship, a commercial driver arrested in a noncommercial vehicle and having no prior DUI convictions or APS actions Isaliowed to drive to, from, and during the course of employment following a 30-day "hard" suspension. (A noncommercial vehicle is one not requiring a commercial driver license, or heavy-vehicle operator's license, to drive.) A commnercial driver arrested for DUI while driving In a commercial vehicle receives a 1-year "hard"suspension

Alcohol-involved traffic fatalities rose by 2.0% in 2003, continuing a reversal in trend that started in 1999 after well over a decade of continuous decline.

DUI arrests increased by 3.7% in 2003, following an increase of 0.3% in 2002, representing the first consecutive years of increases in California DUI arrests in almost two decades.

The number of persons injured in alcohol-involved crashes fell by 2.2% in 2003, following increases of 0.7% in 2002, 2.7% in 2001 and 3.8% in 2000 (which was the first such increase in 14 years).

14.8% of all 2002 DUI arrests in California were associated with a reported traffic crash, compared to 14.1% in 2001, 13.5% in 2000, 12.5% in 1999, 12.8% in 1998, 12.3% in 1997, 12.6% in 1996, 12.4% in 1995, 13.2% in 1994 and 13.1% in 1993. 42.8% of these crashes involved an injury or fatality.

The average blood alcohol concentration (BAC) of a convicted DUI offender, as reported by law enforcement on APS forms, was .162% in 2002, down slightly from the last several years, yet more than double the California illegal per se BAC limit of .08%.

Among 2003 DUI arrestees, Hispanics (44.2%) again constituted the largest racial/ethnic group, as they have each year since 1992 (with the exception of 1999). Hispanics, however, continued to be arrested at a rate substantially higher than their estimated percentage of California’s adult population (27.5% in 2003). The ethnic distribution among California DUI arrestees who are convicted fairly closely parallels the ethnic distribution of the arrestees.

The average age of an arrested DUI offender in 2003 was 33.3 years. Less than 1% of arrested DUI offenders are juveniles (under age 18).

Among convicted DUI offenders in 2002, 75.9% were first offenders and 24.1% were repeat offenders (one or more prior convictions within the previous 7 years). The proportion of repeat offenders has decreased slightly each year since 1989, when it stood at 37%.

10.9% of 2002 California DUI arrest cases did not show any corresponding conviction on DMV records, the same rate as 2001 DUI arrests.

See Full Report

Are you in need of a California DUI Attorney?