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Some Major Changes In California DUI / Drunk Driving Laws

Sep 30, 2009 — by Myles L. Berman | Comments (0)
Tags: California Dui Laws Drunk Driving Drugged Driving

There have been some major changes in California DUI / Drunk Driving laws in 2009. The California DMV is now responsible for administering mandatory ignition interlock devices (IID) that are to be installed in vehicles owned or operated by a driver convicted of driving with a suspended license due to a prior DUI / Drunk Driving conviction. Also, Courts may require first time offenders convicted of DUI / Drunk Driving to install ignition interlock devices (IID) who reportedly have a blood/breath alcohol level of 0.15% at the time of the arrest. Finally, police may impound a vehicle of a driver who is on DUI / Drunk Driving probation and is driving with a blood/breath alcohol level of 0.01% or higher.


In 2007, There Were Over 190,000 DMV Administrative Actions By DMV After DUI / Drunk Driving Arrests

Sep 29, 2009 — by Myles L. Berman | Comments (0)
Tags: Dmv Set Aside Dui Test Refusal California Dui Laws

According to the California Department of Motor Vehicles, in 2007 there were 192,213 administrative per se actions. An administrative per se action is a suspension or revocation proceeding which is triggered after a driver is arrested for DUI / Drunk Driving. Of the total number stated, 76% were for first offender actions which also included zero tolerance as well. In fiscal year 2007/2008, there was an increase of 5.1% from the previous fiscal year in admin per se actions. Chemical test refusals increased by 2.9% in 2007. However, the number of DMV admin per se refusal actions had decreased by 5.2% from 1997-2007. During the first 14 1/2 years since the zero tolerance law for minors was enacted (1/1/94), 232,147 suspension actions have been taken by the California DMV.


5.3% Of California Drivers Have At Least 1 DUI / Drunk Driving Conviction

Sep 25, 2009 — by Myles L. Berman | Comments (0)
Tags: Drunk Driving Arrests Prior Dui Offense California Dui Laws

According to the California Department of Motor Vehicles, 5.3% of all California drivers have one or more DUI / Drunk Driving convictions on their record from the period of 1997-2006. This statistical conclusion is based on the requirement that DUI / Drunk Driving convictions stays on a driver's record for 10 years. Up until a few years ago, 7 years was the length of time a DUI / Drunk Driving conviction stayed on a driver's record. However, there was a movement to maintain for life on a driver's record all DUI / Drunk driving convictions. A compromise was reached in the California legislature on 10 years in which a DUI / Drunk Driving conviction stays on a driver's record for which the prior conviction can be alleged in a new DUI / Drunk Driving arrest.


Cops In Idaho And Texas Being Trained In Blood Draws In DUI / Drunk Driving Cases

Since the United States Supreme Court held in 1966 that forced blood draws are constitutional, forced blood draws have been common. According to a recent article in the Washington Times, police officers are being trained in both Idaho and Texas by Arizona's law enforcement phlebotomy coordinator in drawing blood from motorists who are arrested for DUI / Drunk Driving. The purpose of the training program is an attempt to decrease the number of DUI / Drunk Driving trials. While the forced blood draw procedure by police officers will reduce the number of motorists who refuse a breath, blood or urine tests, it may open up local governments to liability for any improper administration of a forced blood draw.


DUI / Drunk Driving Arrests Can Now Be A Basis To Discipline California Doctors

Sep 21, 2009 — by Myles L. Berman | Comments (0)
Tags: California Dui Laws Drunk Driving Arrests

In a recent medical board discipline case against a Northern California doctor, a California Appellate Court held that a DUI / Drunk Driving conviction is not needed to impose professional discipline on medical doctors. Merely being arrested for DUI / Drunk Driving can form the basis for medical discipline. It is important to note that in the Northern California case, the disciplined doctor had multiple DUI / Drunk Driving arrests that did not result in convictions. While the medical discipline case applies to doctors, this may set a precedent for other professionals licensed by the State of California as well.


DUI / Drunk Driving Prosecution In 2 States OK

Sep 8, 2009 — by Myles L. Berman | Comments (0)
Tags: Drunk Driving Drunk Driving Arrests Law Enforcement Agency

According to a recent Washington Supreme Court decision, a driver who drove in both Oregon and Washington can be charged for DUI / Drunk Driving in both states. The court held that there was no double jeopardy violation because both prosecutions in each state are for seperate violations. One violation occured in Oregon and the other violation occured in Washington. The driver, after being followed by Washington State Patrol officers into Oregon, was arrested by Portland police after the Washington State Patrol officers called for assistance.