Category: Driving Under the Influence

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Police Officers Entering Bars to Test Driver BAC Levels

Posted by John Devendorf on

Testing your breath for your blood alcohol content (BAC) is something many people have never done.

There are consumer breath test devices which you can buy to test your BAC, some are even available as a keychain. Some bars even have breath test machines, where you put in $1 and get a straw to give a breath test, which will give your BAC results. However, for the great majority of people, a breath test is a rare event. Unfortunately, the BAC test is most commonly only after they a person is stopped by the police on suspicion of driving under the influence.

Know Your Limits – A New Program

A new program by some police departments is aiming to change that, by letting people know what their BAC might be after a few drinks, even when they are not driving home. This “Know Your Limits” program involves police officers taking to the streets around entertainment districts, not for the purpose of finding drunk drivers, but to take their message to people walking out of bars.

The officers contact people coming out of clubs and bars, or even go into the bars, to try and get volunteers for breath testing. People gather to watch as the individual approaches the police officers. Surrounded by people, he or she guesses at their current BAC. Next, they answer whether or not they think they are safe to drive. Then the officer will have the individual submit a breath test with the portable alcohol screening device.

History & Growth of BAC Testing

The rumor is that the test began in Scottsdale, Arizona back in 2010. With this in mind, Huntington Beach Police began a similar “Know Your Limits” educational effort last year. Sergeant Dave Dereszynski said the program fits in with the local bar atmosphere. He says that entire groups of patrons wait in line to see their BAC level. The best part, he says, is the little silver “I know my limits” sticker. More and more departments now have similar programs based on the success of this idea.

Tustin police launched a similar campaign, talking to customer at local bars about their alcohol levels and whether they thought they were over the limit. “If we can just educate those people and put that mindset in someone’s head that, ‘I’ve had too much,’ then maybe they’ll hesitate from getting behind the wheel,” said Sergeant Brian Green of the Tustin Police Department.

Sacramento Police and the Folsom Police Department have recently launched their own Know Your Limit programs. “It’s surprising for most how high their BAC is,” said Lt. Mark Schanrock, a Folsom Police officer. “The detail was a big hit with the patrons and bar staff.”

Full Support from Community

Many customers and even bar employees support of the program, at least publicly. Tyler Roy, a general manager of Baja Sharkeez, a bar in Huntington Beach says he appreciates the program. He notes the officers are friendly and only out to educate. “I think it’s good as far as showing the customers where their intoxication level is,” said Roy.

According to police, the program aims to educate rather than scare the public. After testing their blood alcohol levels, participants receive an information card. The card details information on alcohol consumption and penalties for first time DUIs. They also may provide information on safe rides home, including Uber vouchers.

Know Your Defense

Should you find yourself a first-time BAC client on the side of a road, do not fight your DUI charges alone! Call the top DUI attorneys at The Kavinoky Law Firm. Our Los Angeles DUI defense lawyers are available 24 hours a day, seven days a week. We don’t sleep – so you can.

1.800.NO.CUFFS

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Research Suggests Uber Reduces DUI Deaths

Posted by John Devendorf on

As California lawmakers continue to fight with Uber, the ride-sharing company continues to grow.

Many fans of the app-based services prefer Uber or Lyft over taxis, citing the ease of use, simple payment system, and availability. There are now more options than ever to avoid driving under the influence. These companies note that their services contribute to a decrease in DUI deaths.

Independent Research Proves the Theory

Temple University Study

Now, an independent study from researchers at Temple University appears to back up Uber’s claims. The research paper, titled “Show Me the Way to Go Home: An Empirical Investigation of Ride Sharing and Alcohol Related Motor Vehicle Homicide,” looked at the entry of Uber services along with the rate of alcohol-related motor vehicle homicides. According to their results, the entry of Uber into markets in California between 2009 and 2013 suggests a significant drop in the rate of motor vehicle homicides during that time.

The research, conducted by Temple business professors Brad Greenwood and Sunil Wattal, finds a decrease in drunk driving deaths of between 3.6 to 5.6 percent. The possible reasons for this reduction appears to mirror the reasons behind customer preference of the apps over traditional taxis: cheaper prices and easier access.

MADD Study

Uber makes similar claims about the link between their service and a decrease in drunk driving. However, those claims receive more skepticism. “More Options. Shifting Mindsets. Driving Better Choices,” a study done in conjunction with Mothers Against Drunk Driving (MADD), supports this claim as well. Their report finds that drunk driving crashes fell by 60 per month in California among drivers under 30.

The report indicates that having more options for a ride home is empowering people to make better choices In Miami, Florida, Uber ridership peaks around the same time as peak drunk driving crashes. Pittsburgh shows a peak in ridership around 2 a.m., closing time for bars. Uber also reports a decrease in drunk driving arrests by 10% in Seattle. The reduction follows the introduction of their service in the city. Critics claim thhe car service overstates the correlation.

In addition to analyzing ridership and accident rates, a sample survey in the largest cities operation shows some interesting statistics. It reveals close to 88% of respondents over 21 agree with the statement that Uber has made it easier for them to get home after having too much to drink. Additionally, 78% said their friends are less likely to drink and drive after Uber’s arrival.

Other independent analysis appears to support the idea that after Uber or Lyft come to town, people have more ride options. More ride options apparently lead to a decrease in the amount of drunk driving. Philadelphia notes a similar decrease in DUIs, especially in those under 30 years old after the introduction of rideshare.

Rideshares like Uber Still in Hot Water

Of course, many remain skeptical of such information. Time will show the reality of these claims. In fact, the long term effects of rideshare availability remain uncertain. In the meantime, the car company faces suspension and a $7.3 million dollar fine. They’re facing penalties in California for not turning information over to the California Public Utilities Commission.

The Kavinoky Law Firm

If you find yourself arrested on suspicion of a DUI, don’t fight it alone. Call Darren Kavinoky and his team of DUI lawyers at 1.800.NO.CUFFS. We staff the top DUI attorneys in California and we are here to represent you. Call 24/7. We don’t sleep – so you can.

Sting Operations Catch Drivers After DUI Court

Posted by John Devendorf on

After a DUI arrest, it is possible to fall prey to police sting operations. Sadly, it’s not nearly as cool as it sounds.

Drivers do all they can to avoid any future run-ins with police when facing jail time, a suspended license, and/or a possible criminal conviction. 

Stings Happen

The first court appearance is your first impression. Dress professionally and behave accordingly to ensure your best foot stands forward with the judge. However, if you learn you no longer have driving priledges, make sure you have a ride home. Because the police may be waiting outside to make sure you don’t get behind the wheel of a car.

Police officers and sheriff’s deputies indeed do set up sting operations to catch people driving on a suspended license after a DUI. Recently, Sheriff’s deputies from Orange County set up such an operation at the Orange County Superior Court in Newport Beach. On the sting, they kept an eye out for drivers under driving restrictions. Deputies followed 15 people to the parking lot after their DUI hearings, and 4 of those people hopped into their cars to drive away.

The drivers not legally allowed to drive receive a citation and the city impounds their cars for 30 days. This is not the first time OC sheriffs have performed these DUI court stings. With money from the California Office of Traffic Safety, they may continue such operations as a deterrent to driving on a suspended license after a DUI.

Multiple Cities Conduct Stings

Thousand Oaks

Orange County is not the only location trying out these sting operations. Recently, deputies from the Thousand Oaks Police Department’s Traffic Bureau staged a sting at the Ventura County Superior Court. Deputies watched the proceedings of several DUI cases one day. Once certain individuals lost their licenses, the police kept an eye on them, waiting to see if they got in the driver’s seat.

While most of the defendants made sure they found another ride home, one individual got into his car, and drove away from the courthouse. Deputies immediately stopped the driver, David Russell Foshee, 58, of Camarillo. In addition to facing possible jail time for driving on a suspended license, his license may get an additional suspension period. Additionally, his car must sit in impound for 30 days. Foshee added the even was a “tremendous personal embarrassment and humiliation.”

Palm Desert

Last year, officers from the Palm Desert Police Department caught two drivers on a suspended license after they left DUI court in Indio. After drivers were told their license were suspended as a result of their DUI arrest, the police were waiting in the wings. The extra jail time, extended license suspension, and financial burden of a 30-day impound can be a harsh addition to the penalties that come with a DUI.

San Rafael

Similar sting operations pop up even in San Rafael. For instance, an event occurred earlier this year. Two people were arrested at the Marin County Superior Court after driving away on suspended licenses following a DUI. Unfortunately for one of those drivers, after their vehicle was stopped, police found marijuana and forged credit cards.   

Sting Operations Can Happen to You

For many people arrested for a DUI, they are unaware that their license will be automatically suspended. Unless you file for an administrative license suspension hearing, this will be the case.

The ALS hearing must be requested within only 10 days after a DUI arrest. It’s such a quick time frame, so it escapes most people. Your DUI lawyer can not only request the hearing in a 10-day-letter, but can represent you at the hearing. Hire the best lawyer you can, call the experienced DUI attorneys at The Kavinoky Law Firm at 1.800.NO.CUFFS so you can keep your license, and avoid a DUI court sting.

How to Keep Driving After Your License Gets Suspended for DUI

Posted by John Devendorf on

License suspension is one of the most inconvenient punishments of a DUI conviction.

Additional Punishments for DUI

You face many different penalties if you receive a guilty verdict of driving under the influence (DUI) in California.

These penalties include:

  • suspension of your driver’s license,
  • fines,
  • jail time, and
  • mandatory drug or alcohol rehabilitation classes. While these legal penalties seem overwhelming, they often lead to other problems. These “indirect punishments” are often much worse than the actual legal penalties.

For example, if you get convicted for DUI in California, you will face a 6 month license suspension, if it was your first drunk driving offense. While difficult to deal with on its own, losing your driver’s license for 6 months – especially in such a driving-intense part of the country as California – can lead to other problems, too. If you need to drive to work, like nearly everyone in the state, losing your license can seriously impact your employment. Even if you don’t lose your job, you’ll be facing a difficult 6 months getting to and from work, relying on public transportation, or on friends and family. This can make you stressed, and can create tension in the personal relationships that matter the most.

There are ways to prevent this.

California Restricted Driver’s License

In California, you can get a restricted driver’s license after serving 30 days of your license suspension for your first DUI conviction. This restricted license allows you to drive to, from, and during work, as well as to and from any rehabilitation classes that you’re required to attend as part of your DUI conviction. While this doesn’t mean that you have complete driving privileges, it does take much of the strain off of not being able to drive after a DUI conviction.

Follow These Guidelines following License Suspension:

  • enroll in a rehabilitation program,
  • serve 30 days of your license suspension, and
  • file an SR-22 form, showing that you have insurance.

Once you’ve done this, you can go to a Department of Motor Vehicles (DMV) office and pick up a restricted license after paying the $125 DMV reissue fee.

Sometimes, courts require installation of an Ignition Interlock device in your car. This allows the driver to drive on a restricted license. This device is, essentially, an on-board breathalyzer that requires a breath sample in order to start your car.

Unfortunately, a restricted license punishment not optional in some cases. For example, it is not an option if you refuse to take a breathalyzer at time of arrest for DUI. Additionally, failure to complete your rehabilitation classes also results in your license revocation.

While the restricted license does limit where and when you can drive, it does allow you to get to and from work. This transportation can be the difference between keeping and losing your job. Don’t let a DUI conviction ruin your life. Call the DUI lawyers at The Kavinoky Law Firm. We have the top criminal defense lawyers in Los Angeles.

1.800.NO.CUFFS for a free consultation.

Examining California DUI Penalties

Posted by John Devendorf on

California DUI penalties vary from strict to severe. You are not alone in the fight for your freedom from a DUI conviction. Learn more about the penalties in the state.

A Popular Crime in the U.S.

DUI is one of the most common crimes committed in the United States. In fact, in 2012, over 1.28 million drivers were arrested in the United States for DUI – 1 for every 165 licensed drivers in the country. With so many people arrested for DUI, you really need to be aware of the criminal penalties that you could face for having one too many drinks and deciding against taking a cab home.

Driving under the influence is a state crime, so penalties vary from state to state. Compared to other states, California’s DUI penalties are light on fines, but carry significant jail time:

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

*At least 2 days of jail time must be continuous. The remaining jail time may be during non-working hours, at the court’s discretion

Additional California DUI Penalties

In addition to fines and jail time, California’s DUI laws require you to take drug or alcohol rehabilitation classes. These classes have different sections for those convicted of DUI for the first time, those who were convicted for their second or a subsequent DUI offense, and for those who were convicted of “wet reckless” charges – reckless driving with a measurable blood alcohol content (BAC). California DUI penalties have a range of participation. These classes can take a substantial time period to complete, with three-time DUI offenders having to participate in a 30-month program.

The city of conviction directly affects your penalties. If the conviction occurs in Sacramento, Tulare, Los Angeles, or Alameda counties, things change, and you should consider talking to an experienced Tulare, Los Angeles, Alameda, or Sacramento DUI attorney. These cities require an Ignition Interlock Device (IID) in your car for a minimum of 5 months.

These penalties are only minimums, however. They rapidly increase when other factors interact. Other factors include an exceptionally high BAC or driving with minors in the car. Additionally, if the driver creates an accident with another vehicle, then the courts consider the extend of damage and injuries.

Unfortunately, even after dealing with the fines and jail time associated with the arrest, criminal convictions linger on your record, and can make any subsequent arrest much, much worse. This is especially true in California, where neither the state’s laws nor state judges look sympathetically on what they see as “repeat offenders.” With this in mind, preventing the first conviction becomes all the more important.

Kavinoky Law Firm

One of the best ways to ensure safety from conviction for your first DUI in California is to hire an excellent criminal defense attorney. Specifically, 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: We have an office of the best. All of our DUI attorneys have extensive knowledge of all matters of criminal law. Their expertise ranges from DUI cases to murder trials. 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: 1.800.NO.CUFFS

Don’t Celebrate the 4th of July in Jail for a DUI

Posted by John Devendorf on

All across the country people will be celebrating the 4th of July, Independence Day, with picnics, BBQs, and fireworks. There’s nothing quite like hanging out outside with family and good friends, standing around the grill with a cold beer in hand. Luckily, the Fourth of July falls on a Saturday this year, so most people won’t have to worry about getting in early to work the next day. However, everyone who goes out to celebrate needs to have a plan in place if they plan on drinking so they won’t have to drive home after having too much.

High Rate of Incidents

Some of the days with the highest rates of drunk driving accidents and arrests are around national holidays. These include Thanksgiving, New Year’s Eve, Labor Day, Memorial Day, and the 4th of July. In fact, July 4th has regularly been the date with the most automobile crash fatalities all year long. According to the Insurance Institute for Highway Safety, (IIHS), between 1986 and 2002, July 4th averaged 161 traffic accident-related deaths each year, compared to any an average of 117 deaths per day for most of the rest of the year.

Higher rates of traffic deaths on the 4th may be due to increased alcohol consumption over the course of a long day, dehydration from being in the sun which can increase the effects of alcohol, and many people taking to the road on summer trips. However, the higher numbers of intoxicated drivers on the road over the Independence Day weekend is no secret. Law enforcement is well aware of the increased likelihood of drunk drivers over the holiday.

Police Patrols Step Up

Police departments and the California Highway Patrol are on the lookout for impaired drivers around the 4th of July, with added patrols that will look for signs of intoxicated driving to pull over suspicious drivers. This may come from erratic driving, driving without headlights at night, weaving or straddling lanes, and other traffic violations.

Additionally, some areas will set up sobriety checkpoints to nab suspected drunk drivers. The police departments generally announce these locations with great fanfare and plenty of time. The point of this is to let people know patrols will be out, as a way to enhance the deterrence effect against driving under the influence.

Get Home Safe on the 4th of July

It may be easiest to designate a driver who will not be drinking, to get a ride home. However, things don’t always go as planned. Many groups offer sober rides home for those who’ve had a bit too much.

The National Highway Traffic Safety Administration (NHTSA) has put together a list of some of the sober ride programs. Of the programs available in California, some will also tow your car home. Make sure you have these numbers handy before going out. Also, remember to confirm that they are participating in sober rides this 4th of July.

These services include:

Be My DD, 1-877-823-6933, which can drive you and your vehicle home for a fee. This is available in Anaheim, Fresno, Los Angeles, Napa, Sacramento, San Bernardino, San Diego, San Francisco, San Jose, Santa Clarita, and Ventura.

Santa Clarita Valley Safe Rides, 661-259-6330. This service is for teen drivers cannot drive or who want to avoid a ride with an intoxicated driver. They can get a free ride home, and the service is confidential.

Additionally, in many locations the Automobile Club of Southern Californiaand AAA Northern California offer safe ride services on select dates for members and nonmembers. This service is also called the Tipsy Tow or Tow to Go program.

Get the Help You Need

If you should find yourself arrested for DUI, talk to a talk to a DUI lawyer in San Francisco and 10 other locations at The Kavinoky Law Firm right away. 1.800.NO.CUFFS is the number to call – we don’t sleep – so you can. Don’t wait to get a free consultation from one of the best criminal defense attorneys in the state of California.

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No Roadside Marijuana DUI Test For Now

Posted by John Devendorf on

A roadside Marijuana DUI test is not something is not part of the standard practices of the California police.

Marijuana Citation for DUI

If, in a routine traffic stop, the police claim they believe you are using marijuana, you can receive a citation. Things that corroborate this belief include the smell of marijuana in the car, blood-shot eyes, or drugs in the car. However, these are all very subjective claims, they don’t prove anything.

The only way for the police to tell whether the driver used drugs is a blood or urine test. Only after sending the tests for analysis will the police or prosecutors have any evidence of drugs in the system. Currently, law enforcement is looking for an easier way to test for the presence of marijuana during a roadside test.

Lawmakers and Roadside Drug Tests

Unfortunately for police, it looks like California law enforcement must continue to wait for now. Tom Lackey, the Republican Assemblyman representing Palmdale, authored an assembly bill to give police officers the tools to do roadside drug tests. Similar to a breathalyzer, which tests blood alcohol levels, portable drug testers are already legal in over a dozen states. However, the Assembly committee rejected adding California to that list.

Lackey’s bill did not even get enough support to advance out of the Assembly Public Safety Committee. It was rejected 2-to-1, with 4 Democrats abstaining. Not surprisingly, law enforcement organizations supported the bill. However, the Drug Policy Alliance and defense attorneys opposed the bill. Lackey called the defeat “a setback for roadway safety.”

For now, police officers will be limited to breathalyzer testing for alcohol only. But with so many problems with the accuracy of roadside breathalyzers, would preliminary marijuana screening devices be any more accurate? Preliminary Alcohol Screening devices are nowhere near 100% accurate. They have to be regularly checked for accuracy every 10 days, or 150 tests. Even then, they have a margin of error, and there are many things other than alcohol that can register false-positives.

Downside of a Roadside Marijuana DUI Test

One of the primary problems with a Marijuana DUI Test is that someone can test positive for certain tests days or weeks after using. This means, well after any effects of the marijuana dissipate, a person tests positive. However, devices such as the Alere DDS2 claim to detect marijuana within 2 to 3 hours of use, and also detect cocaine and methamphetamine. However, others are concerned that the detection of THC in the body does not correlate with the impairment of a marijuana user. A cannabis dispensary owner, Lanette Davies, is concerned that, “this is just another way of having zero tolerance for people with THC in their system.”

Legalization of Marijuana

California may soon be considering legalizing recreational marijuana. Similar to Colorado and Washington, it appears California may enact recreational policies. With recreational use of marijuana legalized, police expect to see an increase of drivers operating under the influence of marijuana. This, in turn, may drive the demand for roadside drug tests. Assemblyman Lackey announced he plans to reintroduce the bill next year.

Hire Help

Although there is no Marijuana DUI Test for now, you still are at risk if you drive under the influence. If you’re arrested for driving under the influence, call The Kavinoky Law Firm at 1.800.NO.CUFFS right away. We hire only the best to provide you the best defense possible. Don’t let a DUI ruin your life, let us help you get your life back. Call 24/7 – we don’t sleep – so you can.

Don’t Get Fooled By A Phony DUI Checkpoint

Posted by John Devendorf on

Don’t fall into a trap set up by a phony DUI checkpoint.

California DUI laws increase in enforcement during summer months. During this time the use of sobriety check points amps up. By now you know about what you need to know when confronting a DUI checkpoint. Armed with that information, what do you do if you come upon a traffic stop that seems a little less than legitimate? At least one driver was confronted with this decision when he was stopped at a fake roadside checkpoint in Pennsylvania.

A phony DUI checkpoint can leave you and your passengers wishing you knew the difference.

Phony DUI Checkpoint Cases

In the early morning hours of May 31st, 19-year-old Logan Shaulis set up a roadside checkpoint on Route 601 near Somerset. He parked his vehicle on the side of the road, and set up some road flares. Shaulis stopped a driver, identified himself as a state trooper, and asked for the usual license, registration and insurance. The problem is Shaulis was not a state trooper, despite his claim as a member of the state police drug and alcohol division.

When the stopped driver asked to see some identification, the fake trooper handed over his own driver’s license, saying he was Steve Rogers. (Steve Rogers also happens to be the name of Captain America). Unfortunately for Shaulis, real state troopers showed up on the scene. At that point, Shaulis tried to hand off a BB gun to the stopped car’s passenger, saying, “I can’t get caught with this.”

Needless to say, the real state troopers could easily spot a sham. Shaulis’ roadside stop was a violation of state laws. Somerset Borough Police Chief Randy Cox said the checkpoint wasn’t very realistic, adding local police don’t man solo checkpoints. As in California, sobriety checkpoints are usually stocked with a dozen or so law enforcement officers, and multiple marked vehicles.

Shaulis received a variety of charges. These charges include, impersonating a public servant, carrying a firearm without a license, unlawful restraint, possessing an instrument of crime, official oppression, criminal coercion, reckless endangerment, harassment, disorderly conduct, and that’s not all! In addition to carrying a portable scanner and handcuffs, his inebriation caused trouble as well. He drove under the influence of alcohol and displayed public drunkenness.

Checkpoints Follow Guidelines

Based on Supreme Court decisions, and National Highway Traffic Safety Administration (NHTSA) recommendations, sobriety checkpoints should adhere to certain guidelines. These may be helpful in spotting phony checkpoint from a legitimate law enforcement DUI checkpoint. The site selection for a DUI checkpoint should emphasize:

  • location with a high incidence of impaired driving related crashes;
  • least amount of inconvenience and intrusion to motorists;
  • visibility from a far distance so that motorists have time to stop safely;
  • safety to the general public and officers;
  • ample shoulder space to detaine motorists and vehicles;
  • electronic warning signs or devices;
  • sufficient roadway illumination and lighting; and
  • the presence of uniformed officers and marked vehicles to confirm legitimacy.

Perhaps Shaulis was not aware of the constitutional requirements of a sobriety checkpoint. However, we can learn from some sure signs that the checkpoint was not legitimate. These signs include the lack of official uniform, marked law enforcement vehicle, police identification, and the odor of alcohol on the not-trooper’s breath.

Should you find yourself in need of a good DUI or criminal defense attorney, look no further than The Kavinoky Law Firm. Call us 24/7, 365 days a year. If you’re in trouble, give us a call or click for a free consultation. We don’t sleep – so you can.

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How to Keep Driving After License Suspension for DUI

Posted by John Devendorf on

License suspension is a common penalty if for those caught of driving under the influence (DUI).

DUI and Associated Penalties Include Your License

In California, those penalties include a suspension of your driver’s license, fines, jail time, and mandatory drug or alcohol rehabilitation classes. While these legal penalties can seem like a lot, they often lead to other problems, as well. These indirect punishments often make the DUI penalties seem trivial.

For a first DUI conviction offense in California, you face a six-month license suspension. A suspension in a driving-intense part of the country as California is challenging. Additionally, this penalty potentially leads to ancillary problems.

If you need to drive to work, like nearly everyone in the state, license suspension can cost you your job. Even if you don’t lose your job, a six-month period of no car, is a major hassle. Getting to and from work, relying on public transportation, or on friends and family to get you where you need. This causes stress and creates tension in the personal relationships that matter the most to you.

Prevent a Loss of License

In California, for your first DUI conviction, it’s possible to regain driving privileges. First, you serve out 30 days of the suspension and then you may apply for a restricted license. This restricted license allows you to drive to, from, and during work. You may also drive to and from any rehabilitation classes as part of a legal requirement as part of your DUI conviction. While this doesn’t mean that you have complete driving privileges, it does take much of the strain off of not being able to drive after a DUI conviction.

To get a restricted driver’s license even with a license suspension:

  1. Enroll in a rehabilitation program,
  2. Serve 30 days of your license suspension, and
  3. File an SR-22 form, showing that you have insurance.
  4. Next, go to a Department of Motor Vehicles (DMV) office and pick up a restricted license after paying the $125 DMV reissue fee.

There are cases in which courts require the installation of an Ignition Interlock Device (IID) in your car.  Once the IID is in place, and all other requirements as well, the court grants a restricted license. This device is, essentially, an on-board breathalyzer that requires a breath sample in order to start your car.

Exceptions to the Rule

Unfortunately, getting a restricted license is not an option if you refused to take a breathalyzer when you were arrested for DUI. Additionally, failure to complete your rehabilitation classes will result in your restricted license being revoked.

While the restricted license does limit where and when you can drive, it also allows you to get to and from work, which can be the difference between keeping and losing your job. Don’t let a DUI conviction ruin your life.

Call 1.800.NO.CUFFS for a free consultation with a criminal defense attorney. Call us 24/7. We don’t sleep – so you can.

Would You Buy a Drunk-Driver Proof Car?

Posted by John Devendorf on

There now exists the concept of a drunk-driver proof car. Have you heard of it? Many people wait eagerly in anticipation of this vehicle, but let’s make sure we have all the facts.

Drunk-Driver Proof Car

Would you buy a car that has an alcohol sensing device installed to prevent intoxicated individuals from driving? It may be coming soon to a vehicle near you.

The National Highway Traffic Safety Administration (NHTSA) and a group of automakers and suppliers are working to create something new. They’re creating a device, they claim, is a Drunk-Driver Proof Car. This car supposedly prevents drunk drivers from even starting a car. The Automotive Coalition for Traffic Safety (ACTS), represents 17 car manufacturers and the NHTSA. These organizations want to see a specific device in all cars, an in-vehicle technology to prevent alcohol-impaired driving.

The two types of potential technology to do this include chemical breath and touch sensors. Known as the Driver Alcohol Detection System for Safety (DADSS), these devices automatically shut down the car if the driver’s alcohol level exceeds the legal limit of 0.08 percent blood alcohol concentration (BAC).

The breath testing system involves sensors placed in the driver’s side door or in the steering wheel. Once the driver enters the car, a beam of infrared light analyzes molecules in the driver’s breath. this analysis then determines the level of alcohol in the system. A Swedish automotive technology company initially brought the infrared light system to the market to test for terrorist bomb-making materials.

An alternative DADSS system would use a touch sensor on the ignition button or gear shift to shine a light onto the driver’s finger to analyze the driver’s alcohol level. According to car makers, these systems will be available as an optional addition to cars sometime in the next 5 to 8 years. The NHTSA says that there are currently no plans to make these systems mandatory, but they may be installed in government vehicles and fleets.

Lawmakers and Lobbyists

Some lawmakers are applauding a future without drunk drivers. Nita Lowey, a Representative from New York said the program has amazing promise, and could be the new auto safety advance, taking a permanent seat in the vehicles of the future along with seat belts and airbags.

However, the alcohol and restaurant lobbies aren’t fans of these systems which they say wouldn’t stop drunk driving. Case in point, Sarah Longwell, of the American Beverage Institute worries that these systems may stop responsible drivers who’ve only had one or two drinks. “The fact is there is a lot of discussion right now about lowering the legal limit from 0.08 to 0.05. That would put a 120 pound woman in a situation where she could get arrested for a DUI after a single glass of wine with dinner.”

The Ignition Interlock Device: Ahead of The Drunk-Driver Proof Car

An earlier version of this type of technology is already in operation. Some drivers with a DUI in California use an ignition interlock device (IID). Following a suspended or revoked license, in order to drive again, many must install an IID.

The IID is a device that requires an alcohol-free breath sample in order to start the engine. It also requires periodic samples while driving, and it records any failed breath samples. The device is currently mandatory for DUI violators in four counties: Alameda, Los Angeles, Sacramento, and Tulare. However, some lawmakers want the program to go statewide. Although, with the adoption of an alcohol detector in all cars, the IID could become obsolete.

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