Category: Driving Under the Influence

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California DUI Laws versus Other States – Comparisons

Posted by John Devendorf on

Not all states carry laws as tough as California DUI laws. However, California is not the most strict.

Anyone unfortunate enough to face a conviction of driving under the influence in California is familiar with the harsh the penalties. A first-time DUI in L.A. can mean up to 6 months in jail, fines of up to $1,000 or more, probation, a drug or alcohol education program, an ignition interlock device (IID) installed in your car, and expensive higher insurance premiums. You may think California ranks near the top of U.S. states when it comes to DUI penalties, but according to a recent study, California falls somewhere in the middle.

DUI Rankings for All 50 States

Wallet Hub did a survey of DUI laws in all 50 states and Washington, D.C., ranking states from harshest to most lenient. They considered a number of factors in their analysis, including:

  • minimum jail time for a first offense DUI;
  • number of DUIs before it is considered a felony;
  • look-back period in counting DUIs;
  • higher BAC penalties;
  • fines and fees;
  • enhanced penalties for child endangerment;
  • mandatory IID installation;
  • administrative license suspension period;
  • alcohol and drug abuse treatment programs;
  • impounding vehicles after a DUI;
  • use of sobriety checkpoints; and
  • increased insurance rates.
Source: WalletHub

Who Came Out on Top

California DUI laws are not as intense as other states. Neighboring Arizona had the strictest DUI laws, with a minimum 10-day jail sentence even for a first offense. Coming down much softer on DUIs are the District of Columbia and South Dakota, where even a second DUI carries no minimum jail sentence.

California ranked 34th when it came to strict DUI laws. However, it is not clear whether the survey included the limited use of mandatory IID installation after a first offense DUI. California is testing mandatory IIDs as a pilot program in four counties: Alameda, Los Angeles; Tulare and Sacramento. Lawmakers are considering taking the program statewide.

Understandably, states are following the trend of enacting even stricter laws aimed at drunk driving. Starting July 1st, a new IID law went into effect in Connecticut. Now all first offense DUI convictions require an IID in their car, whereas before it was only for repeat offenders. Now, about half of all states have an IID requirement for a first-time DUI.

A Wisconsin lawmaker proposed a new law. According to Mothers Against Drunk Driving (MADD), the law closes a loophole in the state’s IID requirements. Consequently, it creates a type of license where violating IID requirements is a criminal offense, rather than just a citation. Wisconsin requires IIDs for repeat drunk drivers, those who refuse a chemical test, and for first-time offenders with a BAC of 0.15% or higher.

Washington state is considering strengthening their DUI laws as well. In most states, a third or fourth DUI within the specified look-back period is considered a felony. In Washington, repeat offenders wait until their fifth DUI before they face a felony charge. Due to this, State Senators have introduced a bill that would lower the felony DUI number to the 4th DUI.

Alternative Punishments for DUI

While some state lawmakers, advocates, and groups such as MADD fight for stricter DUI penalties, others are moving towards more preventative measures. California DUI laws now include increasing the use of IIDs after a DUI conviction. This prevents a driver from taking to the road if they don’t blow a clean breath. California may make this move to bring the mandatory IID program to the rest of the state if the pilot program succeeds.

What to do if You Get Arrested for a DUI

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California DUI Penalties

Posted by John Devendorf on

California DUI Penalties restrict driving privileges, cost a ton of money, and/or require significant jail time.

Driving under the influence (DUI) is one of the most common crimes committed in the United States. In fact, in 2012, there were over 1.28 million drivers arrested in the United States for DUI; 1 for every 165 licensed drivers in the country. There are so many people arrested annually for DUI, so awareness of potential penalties is very important.

Penalties for DUI Charges

Driving under the influence is a state crime. So, penalties vary from state to state. Compared to other states, California’s DUI penalties carry significant jail time but carry relatively small fines.

DUI Penalty Matrix

In 10 years, this was your… Fine Jail
1st Offense $390 – $1,000 4 days – 6 months*
2nd Offense $390 – $1,000 90 days – 1 year
3rd Offense $390 – $1,000 120 days – 1 year

Note: *At least 2 days of jail time must be continuous, the remaining jail time can be served during time off work. This decision is at the court’s discretion. 

DUI Classes

In addition to fines and jail time, California’s DUI laws require you to take drug or alcohol rehabilitation classes. If the conviction is in Sacramento, Tulare, Los Angeles, or Alameda counties, then an Ignition Interlock Device (IID) is a requirement. The IID is then mandatory for a minimum of 5 months.

DUI classes have different sections for different convictions. Depending on the offense, violators fall into different classes. A conviction of DUI for the first time, second DUI offense, or with a “wet reckless” charge determines which class you take. “Wet reckless” is a term for reckless driving with a measurable blood alcohol content (BAC). These classes take a substantial time period to complete. The class schedule for third-time DUI offenders is a 30-month program, in addition to fines and criminal charges.

These are only the minimum penalties, however. The penalties rapidly increase if other factors play into your arrest. If the arrest involves an exceptionally high BAC, driving with minors in the car, or the damage of another car, the potential risks increase.

Unfortunately, even after you pay fines and complete jail time, the penalties continue. In addition to these penalties, criminal convictions linger on your record. As a result, each additional conviction makes subsequent arrests much worse. This is especially true in California. In California, neither the state’s laws nor state judges look sympathetically on what they see as “repeat offenders.”

Therefore, with all of these penalties in mind, preventing the first conviction is even more important.

Best Attorneys in Los Angeles

One of the best ways to ensure you aren’t convicted for your first DUI in California is to find one of the best, most experienced attorneys in the field of DUI defense in the state.

At the Kavinoky Law Firm, we don’t have just one of the best in Los Angeles; We have an office staffed full of the best attorneys in California. All of our attorneys are well-versed in all matters of criminal law. Their expertise ranges from DUI to murder. Additionally, with offices throughout California, we’re ready to fight for your freedom in any court in the state.

Call us for a free consultation: 1800NOCUFFS

Three Strikes for DUI in California?

Posted by John Devendorf on

People often ask us, is there a Three Strikes Law for DUI in California?

California is famous for a lot of things: The sights at the Golden Gate Bridge, glitz and glamour of Hollywood, delicious coastal wine, the massive stretches of beach, and unfortunately, the antiquated Three Strikes law.

As many Californians know, the Three Strikes Law for DUI sentencing law places offenders behind bars. If a defendant is convicted of a felony, and already has one on record, they face twice the typical prison sentence for that crime. A third conviction results in a mandatory prison sentence of 25 years to life.

Enacted 1994 and adapted in 2012 by Proposition 36, the original law requires 25-life mandatory sentencing for a third felony conviction. This rule applies if the third conviction is considered “serious” or violent.” The Three Strikes Law for DUI is more lenient today. Before Proposition 36, the law required the mandatory sentencing for any third felony offense.  Many people received life imprisonment sentences for significantly less violent crimes, like felony petty theft.

Possibility of the Three Strikes Law for DUI

It’s important to know about the Three Strikes law for DUI in California. It does include DUI convictions. So if you have a felony DUI conviction on your record, or are facing felony DUI conviction today, it is likely you may face of this incredibly harsh sentencing law.

With that said, there are three scenarios that involve a driver under the influence (DUI):

1. Scenario One:Three or more prior DUI convictions in the last 10 years. These three prior offenses can include a combination of DUIs (in any state) and “wet reckless” convictions. Typically a person receives a wet reckless by accepting a plea bargain down from a DUI charge. If you have a collection of three of these offenses on your criminal record, your next DUI arrest will be for felony DUI.

2. Scenario Two: If you are driving drunk and injure other people. Felony DUI charges include those for DUI vehicular manslaughter and DUI second-degree murder.

3. Scenario Three: You are at risk if you have a prior felony DUI on your criminal record. Unfortunately, California is hard on “repeat offenders.” A charge of felony DUI applies to those who already a felony DUI on their record past. History has shown, this happens regardless of the circumstances surrounding your latest DUI arrest. Whether or not the arrest involves accident or injury does not factor into the decision. Nor does the blood alcohol content (BAC) limit.

Defend Your Freedom

California’s Three Strikes law makes it incredibly important to fight against any and all felony charges, or any criminal charges that could possibly lead to a felony charge down the road.

Hiring an experienced DUI attorney in California is the most effective way to defend yourself against DUI charge. Your attorney will argue for your interests both in and out of court. California defense attorney Darren Kavinoky employs the best attorneys in Los Angeles.

If you’re facing DUI or other criminal charges, don’t let them get out of hand. We work 24/7 and stay up so you can rest easy.

Call the Kavinoky Law Firm at 1.800.NO.CUFFS for a free consultation.

California’s Ignition Interlock Device

Posted by John Devendorf on

California’s Ignition Interlock Device is a newly-popular penalty for DUI offenses in California.

If you receive a charge of driving under the influence (DUI) in California, the list of potential penalties is long. Penalties include fines, jail time, license suspension, and mandatory substance abuse classes. Additionally, some DUI convictions in the state can lead to your required use of an Ignition Interlock device (IID) once you get your license back, or if you use a restricted license. Sometimes, you may also want to install one of these devices, in order to shorten your license suspension period.

What is an IID?

Installed directly into your car, an Ignition Interlock device is a computerized breath analyzer, slightly larger than a cell phone. It connects to the vehicle’s ignition system, and prevents the car from turning on until you have provided a breath sample. You’re able to start your car only when the breath sample shows you have a blood alcohol content (BAC) under a preset limit. If your breath sample shows a BAC over this setting, the car’s ignition will not work. If your breath sample shows a BAC that is under the limit, though, your car will work normally.

Who Requires an IID?

Even for your first offense, a judge can require you to install an Ignition Interlock  device in your car. However, this is not a very common occurrence for a first offense. Every once and a while, a person will receive an IID if their BAC is well above the legal limit, at 0.15% or above, or if you refuse to take a BAC test at time of arrest.

There is an exception to this rule. An Ignition Interlock Device is required if the initial DUI arrest occurs in either Alameda, Los Angeles, Sacramento, or Tulare counties. These counties are part of California’s Ignition Interlock Device Pilot Program.

Note that this Pilot Program affects people arrested in these counties, regardless of what county they live in. This Pilot Program ends on December 31, 2015, at which point the California government will decide whether to require the device in DUI cases throughout the state.

Required IID Situations

There situations in which the Ignition Interlock Devices are mandatory. The device must be in the car as a mandatory penalty in a few situations:

  1. An Ignition Interlock device is a mandatory penalty If your conviction occurs while driving when your license has been suspended for DUI.  Depending on the exact license violation, the requirement to keep the device ranges between one and three years.
  2. Additionally, the Pilot Program requires a device installation for repeat DUI offenders: You’ll have to keep a device in your car for a year after a second DUI conviction in either Alameda, Los Angeles, Sacramento, or Tulare counties, for 2 years after a third conviction there, and for three years after subsequent offenses.
  3. Some people opt to install an Ignition Interlock device in your car for freedom. Doing so will allow you to obtain a restricted license, which lets you drive to, from, and during work, as well as to and from any of your required rehabilitation classes.

Ignition Interlock Device

Installing the device costs around $75 to $100. The costs of installing, removing, and maintaining the device in your car is your responsibility. Once installed, you can’t tamper with it or remove it without authorization – doing so will result in further consequences.

Fight for Your Freedom

Make sure you have an experienced DUI attorney on your side when you fight for your freedom. Call anytime – 24/7 – 365 days a year. Make sure you contact California’s Best DUI Attorneys at the Kavinoky Law Firm.

If you’re facing a situation where you’re required to install an Ignition Interlock device, or may want to have one installed, call our law office at 1.800.NO.CUFFS.

Commercial Drivers Held to Higher Standard for DUIs in California

Posted by John Devendorf on

Commercial Drivers are held to a higher standard for DUIs in California. As a commercial driver, a DUI could mean the end of your career.

While under the influence of drugs or alcohol, it is illegal to drive a commercial vehicle. In the State of California, Commercial drivers pose a great threat if not operated properly.

With this in mind, truck drivers and others who operate a vehicle with a CDL (Commercial Driver’s License), have different expectations in the eyes of the law as applied to drunk driving. Since CDL drivers operate machinery that can have a serious threat to the public if mishandled (such as a school bus), the law is more strict.

Two Major Differences

Those with a regular license to drive and those with a Commercial Driver’s License (CDL) face different regulations and consequences if arrested driving while intoxicated.

1. Blood Alcohol Level

In all states, the legal limit for blood alcohol level (BAC) is .08. However, if you are driving a commercial vehicle, the standard is significantly lower at .04. Drivers are more likely to obtain a DUI arrest with a lower BAC standard, as it takes fewer drinks to put you over the legal limit.

2. License Suspensions

In addition to a lower BAC, the State of California views license suspensions differently as well.

A first DUI conviction for driving a non-commercial vehicle results in a 6 month license suspension. A first conviction for driving a commercial vehicle, however, carries a suspension of your commercial license for an entire year. A second DUI conviction for driving a commercial vehicle can lead to a lifetime revocation of your commercial driver’s license.

License Suspension for DUI

A DUI while driving a commercial vehicle can also result in a typical suspension of your non-commercial license as well.

If you have a commercial license and are convicted for DUI while driving a commercial vehicle, your commercial license will be suspended for one year. Your non-commercial license will also be suspended for six months. A subsequent DUI while driving a commercial vehicle will result in a permanent revocation of your commercial license, and a two year suspension of your non-commercial license.

What makes a “Commercial Driver”?

Anyone who operates a commercial vehicle is held to the stricter standards for DUI. A commercial driver drives a “commercial vehicle.” This is a vehicle that requires a Class A or Class B license to drive, or a Class C license with certain endorsements, though does not include recreation vehicles or certain types of farming equipment.

Successful Defense Can Be Critical to Your Livelihood

Needless to say, if you have a commercial driver’s license, you want to keep your ability to earn a livelihood.

A license suspension is not only an inconvenience, it’s a massive life obstacle that prevents you from making any money for yourself or your family.

Successfully defending against a  license suspension, for a commercial driver, is one of the most important things you can do to save your career. Hiring an experienced DUI attorney with knowledge in both criminal and DUI defense can be one of the best decisions you make. Only the best criminal defense attorneys in California work for Kavinoky Law Firm. We defend against DUI charges, and will protect your interests.

Call our law office at 1.800.NO.CUFFS for a free consultation.

Corrections Officer Lying in DUI Court

Posted by John Devendorf on

There are many reasons to be suspicious of breath or blood test results. A Corrections Officer acting less-than truthfully is not generally on the top of the list.

After all, all sorts of things can register a higher reading than the driver’s actual blood alcohol content (BAC). Things like mouthwash, cough syrup and certain chewing gum may impact a breath test results. However, when a corrections officer lies under oath in a DUI case, those test results may be worthless.

Chemical testing in DUI cases is as accurate as possible. Police departments have guidelines and procedures in place to ensure legitimacy. In an instance when the police don’t follow procedures, however, it could result in chemical test results that are less than accurate. What makes it even more unjust for a defendant in a criminal DUI case, is if the police officer lies about following those procedures.

One Example of Corruption in the Court

In Louisville, Kentucky, a corrections officer was suspended from her position with the Louisville Metro Corrections for lying under oath. In a recent DUI trial in the Jefferson District Court, Officer Liliana Hernandez admitted that she lied under oath on more than one occasion. Hernandez may be involved in more than 200 pending DUI cases at risk, as a result of her suspension and untruthful actions.

It all started when attorney Paul Gold sent a letter to the director of Metro Corrections, Mark Bolton. The letter expressed concern with Hernandez’s practices as a breath analysis technician. Gold asked Bolton to consider investigating possible violations of jail policy and procedures which came to light after reviewing video footage from cameras in the lab.

According to Gold’s letter, there were two main violations. First, the required implied consent warning was not properly read to the people taking the chemical tests, as required by law. Second, a breath test operator is required to observe the individual for a 20-minute period. Hernandez did not follow protocol in several cases. Gold also alerted Bolton that Hernandez did not testify in at least two DUI cases. .

Prohibition for Corrections Officer

Following the letter, Director Bolton prohibited Officer Hernandez from working in the breath analysis area. Hernandez appeared to testify in a DUI trial and she said she was currently a breath analysis operator. However, when Gold asked her about that statement, she admitted to lying to the judge. Then when Gold asked why a suspect interview report appeared to differ from the video footage, Hernandez again admitted to lying.

Hernandez was suspended pending the current investigation. The case is also under criminal investigation. Director Bolton said in a press release, “If these allegations are true, this officer has done tremendous damage to her reputation and ruined her career with Metro Corrections. I am disgusted by what the court record reveals about the officer’s conduct in this case.”

According to Gold, nearly 300 cases have Hernandez scheduled as a witness. A spokesperson for the county attorney’s office said they were working to determine the best course of action going forward. However, it is difficult to see how she could be a likely witness. She has a suspension and lack of credibility that warrant a second look.

Do Not Let Corruption Ruin Your Life

If you should find yourself arrested for DUI or convicted on criminal charges, call 1.800.NO.CUFFS. We employ California’s best attorneys to defend your case. Don’t let a corrupt corrections officer impact your life. Call us 24/7. We don’t sleep – so you can.

Couples Getting Matching DUIs is Not a Good Date Night Activity

Posted by John Devendorf on

Many couples enjoy sharing some of the same hobbies and recreational activities. A Date Night DUI is likely not one of them. 

This could be bicycling around town, or taking Instagram photos of the best tacos in town. Conversely, drinking and driving is one activity we never recommend. Especially if both get their licenses suspended, which could leave them home bound for date night.

Date Night DUI

A young couple in Santa Rosa had an unfortunate date night DUI one evening after deciding to enjoy a few drinks. According to California Highway Patrol (CHP) officers, at about 1:30 in the morning, they spotted a car weaving, and pulled the vehicle over. The police took Anna Arthur, 23, into custody on suspicion of driving under the influence. Her boyfriend, Christopher McFarlane, 28, was in trouble too. Officers did not allow him to drive the Honda Accord. He walked home, only to return to bail out his friend Anna. Officers arrested McFarlane on suspicion of drunk driving. 

CHP Officer Jonathan Sloat said McFarlane, “wasn’t falling-down drunk, but was definitely over 0.08.” McFarlane then told police he’d walk home, to his girlfriend’s house nearby, while she was taken to the Sonoma County jail.

Shortly after, the same officers spotted McFarlane in a Volkswagen Jetta, getting onto the freeway. The officers pulled him over, and he responded he was going to try and bail out his girlfriend. Officer Sloat said an hour was not enough time to sober up, as they noticed signs of alcohol intoxication, and he failed sobriety tests. To make matters worse McFarlane was on probation for a previous DUI, and was driving on a suspended license. He was arrested on suspicion of DUI and driving on a suspended license.

In Santa Fe, New Mexico, a married couple had a similar experience as a woman came to the aid of her husband. Sheriff’s deputies were conducting a DUI investigation with James Quintana. Someone apparently called Quintana’s wife, Cherity Roybal-Vigil, who showed up later. As Cherity drove up to the scene, the deputy reported smelling alcohol on the helpful wife. After a field breath test, she tested at 0.15% BAC, and was arrested. Quintana was also arrested for what was his 6th DUI.

Alaska Couple

An intoxicated husband in Alaska ended up under arrest. Reportedly, his reaction to his wife’s DUI arrest garnered enough attention for a police phone call.

It appears a passerby (or attendee) called the police on a domestic dispute at a wedding reception. Nicholas Reavis was allegedly yelling at his wife Jamie Jones-Reavis. The two entered into a scuffle, pushing each other around, and worrying guests. The pair seemingly fled and when the police arrested Jones-Reavis. 

When they caught up with Jones-Reavis, who appeared intoxicated and admitted to drinking, her BAC was over the legal limit. Unfortunately for Jones-Reavis, a BAC of 0.101% is criminal. Her husband, Reavis, showed up to check on his wife, but not in time to keep the car from impound. Police report he appeared intoxicated and failed sobriety tests. His BAC was 0.125%.

Illinois Couple

Yet another example, a husband and wife pair in Rockford, Illinois were not so lucky to escape their couple’s DUI without injury. Both were riding their own motorcycles when James Maples crashed into a median and sustained serious head injuries. After the police arrived, Patsy Maples also appeared to be under the influence. James received treatment for his injuries at a local hospital. With a BAC of over 0.152%, it was almost twice the legal limit. 

Best DUI Attorneys in California

If you find yourself arrested for DUI, call 1.800.NO.CUFFS. Call 24/7, we don’t sleep so that you can. We staff the best of the best in our offices, so we offer California’s best defense attorneys to fight for your freedom.

Where the Cops May Be Lurking When Looking for Intoxicated Drivers

Posted by John Devendorf on

We’ve all seen those lurking cops.

It’s their job to arrest drunk drivers. So we see police cars hiding out on the side of the road, with their speed guns out looking for anyone driving over the speed limit. Many of us view their covert tactics as sneaky behavior, especially if we find ourselves on the wrong side of a traffic ticket. However, law enforcement wants to keep people safe from harm.

The California Highway Patrol, cops, and sheriffs often know where and when they may be able to find drivers operating under the influence of alcohol. There are certain places where a motorcycle cop may be able to just hang out. Ha can watch and wait for a driving violation, which may result in more than a ticket. Oftentimes, a simple traffic violation may lead to  arrest for driving under the influence.

After the Bars Let Out, Lurking Cops Do Too:

Police awareness of drivers under the influence increases in the wee hours of the morning. Due to the predictable nature of drunk drivers, officers will park near popular areas with lots of bars and restaurants. If the police see someone walk straight out of a bar who appears to be drunk, he/she will pay attention. If this person plops down behind the wheel, the police officer may stop the driver to investigate. Likely, the driver is driving under the influence.

Additionally, if the police see a driver pull out of a parking lot without the headlights turned on, this will give them the justification to pull over the driver. Further investigation may reveal the smell of alcohol, slurred speech, or other indicators of possible intoxication. All of these factors can lead to a DUI arrest.

Beer and Wine Festivals:

California is by far the largest wine producer in the United States. If it were a country, California would be the fourth largest wine producer in the world. California is also a hotbed of the craft beer movement. In fact, California ranks first in craft breweries in the United States. To date, there are more than 500 breweries statewide.

In part because of California’s success with beer and wine production, we are proud to host a number of food and wine festivals and beer competitions. While these events try to deter drinking and driving, and encourage arranging a safe ride home, many people may unintentionally go overboard, and decide to try and drive home after they are over the legal limit.

Police may be on the lookout for people leaving beer and wine festivals, looking for things like erratic driving, speeding, and failing to make complete stops at the appropriate traffic signals while leaving event parking. Unsafe driving or traffic violations will give the police a reason to stop the car, and they may try and determine whether the driver may be over the limit.

Are You in the Wrong Place for a DUI?

The easiest way for any driver to avoid a DUI arrest often said to be making sure that if you decide to drink, don’t drive. If you are going out to a bar or restaurant keep lurking cops in mind. If you are staying late into the evening, understand that the police are on the lookout for intoxicated drivers. Remember, when you plan to attend one of the festive food and wine events, or craft beer happenings, you should be aware that the police often observe drivers leaving these events for signs of intoxication.

With this in mind, if you find yourself in the wrong place at the wrong time, make sure you have the number of your California DUI defense lawyer on hand. 1.800.No.Cuffs. We staff only the best DUI lawyers in California so we can defend you to the best of our ability.

Top Times and Dates for California DUI Arrests

Posted by John Devendorf on

Make no mistake, there are popular times and dates for California DUI arrests. Although, technically, there is no right or wrong place at the right or wrong time to drive drunk.

It may be the one time they drank one too many beers with co-workers at happy hour, or the one time that a headlight burnt out, which cause the police to pull their car over. Although cops in California don’t necessarily have to look too far to find drivers under the influence of marijuana or alcohol, there are certain times and dates when law enforcement are on higher alert to target impaired driving.

Weekends are Popular Times

It may seem obvious, but weekends and weekend activities seem to coincide with drinking and driving. After a long work week, many people like to relax on the weekends, and enjoy time with friends and family. This may include afternoon BBQs where people can enjoy cold beer in the sunny California weather, or a night out dancing till the wee hours. But at some point, people have to go home.

Some drivers  make the short drive home if they drank more than they intended or didn’t arrange for a safe ride home. Most people just want to sleep in their own beds.

However, police officers are on the lookout for impaired driving, especially on the weekends. When there may be daytime weekend events like football games, or holiday barbecues, law enforcement may be on higher alert for daytime intoxicated driving. Otherwise, law enforcement are well aware that weekend evenings will see a high rate of drivers heading home after having too much to drink, smoke, or otherwise consume intoxicating substances.

Late Night to Early Morning Hours

Late night or early morning is the time when roads have an increase in drivers under the influence. After all, when the bars close, the patrons have to go somewhere. It’s worth noting that many people who frequent bars keep their alcohol consumption limited or ensure a ride home. Others still feel okay to drive although technically over the limit.

The police know peak times for impaired driving, and are on the lookout for cars exhibiting erratic driving. Even if it is a minor traffic violation the police can stop a car. When a driver is pulled over early in the A.M., the police may be looking for signs of drug or alcohol consumption. If a police officer suspects a DUI, it may lead to field sobriety testing and/or a field breathalyzer.

Holidays

According to the National Highway Traffic Safety Administration, holidays can be peak periods for drinking and driving. The Fourth of July holiday, is often among the dates with the highest rates of alcohol-related accidents. The book ends of summer, Memorial Day and Labor Day, are also busy dates for law enforcement. Even the holidays of Christmas and Thanksgiving are active DUI arrest events. The night before Thanksgiving, also known as Black Wednesday, is one of the busiest nights for bars. As a result, ti is also one of the busiest nights for DUI arrests.

Before You Decide to Drink and Drive

Understandably, most drivers may not think about the times and dates for an increased chance of DUI arrest. However, statistics of alcohol-related accidents is well known to law enforcement. Drunk-driving figures are public knowledge to Police Departments, Sheriffs and the California Highway Patrol. With this knowledge in mind, they often target possible impaired drivers for DUI arrests during these times.

Police may also conduct sobriety checkpoints around these times and dates. According to law enforcement, DUI checkpoints serve two purposes. They catch impaired drivers, and also discourage drivers from getting on the road after too many drinks.

Get Help with DUI Arrests

You don’t have to do this alone! Call California’s Top DUI attorneys with The Kavinoky Law Firm to stand by your side and defend your case. We employ the best criminal defense attorneys in the state so that we can provide you with the best defense possible. Call 24/7 – we don’t sleep – so you can.

How Police Dash Cameras Can Help Win Your DUI Case

Posted by John Devendorf on

Police dash cameras are not just for recording the world’s wildest police chases. In many cases, the police and prosecutors use the video evidence in investigations or at trial. Additionally, the video footage from a police vehicle can be to your advantage. In one case, the dashboard video actually helped a Utah man out of a very tough spot.

Standardized Field Sobriety Tests

During traffic stops where the California Highway Patrol suspects the driver of being under the influence of drugs or alcohol, they will try to have the driver submit to field sobriety tests. The three primary Standardized Field Sobriety Tests (SFSTs) include an eye test, the walk-and-turn test, and the one-leg-stand test. The CHP and police officers use these tests against drivers as alleged evidence of their intoxication.

What happens when the police lie about sobriety tests? It is possible for a policeman to claim a failed field sobriety test even if there was not an administration of test with a driver. Good thing we have police dash cameras.

Gavin Gabor’s DUI Case

Gavin Gabor of Layton, Utah was pulled over by the Utah Highway Patrol in August of 2013. Trooper Neil Green told Gabor that he was pulled over for failing to signal a lane change. The next thing Gabor knew, he was being arrested for driving while impaired, and taken to jail.

The young driver wanted to fight back against the DUI arrest, and got a copy of the police report. He noticed the report indicated he’d failed field sobriety tests, but the problem was that Gabor knew he never did any such tests. During his administrative license suspension hearing, Gabor questioned Trooper Green about the field sobriety test error, and Green said he did the walk-and-turn and one-leg-stand tests. When the ALS- hearing officer sided with the state trooper, the state suspended Gabor’s license for 6 months.

However, Gabor did not give up. He next requested a copy of the dash camera footage from his arrest. It became clear, after reviewing the video, that there was no performance of a field sobriety test whatsoever. The prosecutors dismissed Gabor’s DUI charges once they saw the video evidence. Sadly, it took two years for Gabor to move happily away from his DUI nightmare. However, with video evidence to prove Gabor did not commit the crime, Gabor still had to pay for his supposed crime. He paid over $1,000 inimpound fees, license reinstatement fees, and costs for his title release.

False Reporting and Police Dash Cameras

Once it became clear that Green falsely reported a field sobriety test, and said the same in an ALS hearing, law enforcement began an internal investigation into Green’s arrests. When questioned, Green stated he must have made an error in the report. While the investigation was going on, Green decided to resign from his position with the Utah Highway Patrol, which made it more difficult for investigators to question him.

Later on, another woman found justice. The video evidence of her arrest gave her exculpation due to inappropriate conduct. The video footage showed that Green wasn’t telling the truth about observing the woman for 15 minutes before taking a sobriety test, as required by Utah law. The court overturned her charges on appeal.

After the investigation, internal affairs concluded they didn’t have enough evidence to prove Green intentionally lied on the report. However, there was enough evidence to show he was sloppy in his reporting. As a result, the district attorney’s office decided not to prosecute cases that relied solely on Trooper Green’s arrest reports.

If You’re Arrested

Don’t fight it alone! Give us a call at The Kavinoky Law Firm, 1-800-NO-CUFFS, 24/7. We have lawyers that work around the clock just to ensure a great DUI defense for you. Since we are comprised of the top attorneys in Los Angeles we are your best chance of fighting a conviction and maintaining your freedom.