In St. Joseph County, Indiana, a program that allows people arrested for first time DUI / Drunk Driving to avoid a DUI / Drunk Driving conviction by agreeing to install an ignition interlock device in their vehicles for six months. The defendants would first have to plead guilty and successfully complete the novel program. Upon completion of the program, the defendants would be convicted of reckless driving. However, one of the judges in St. Joseph Superior Court believes the law requires the defendants to install the ignition interlock device for 2 years. The judge has asked other judges of the court to stop accepting defendants into the 6 month program. An ignition interlock device can prevent a vehicle from starting or continued operation if alcohol is detected on the driver’s breath.

This is my first posting since I launched my social networking websites. I am on Facebook, Twitter and LinkedIn. I have had a webpage for my Top Gun DUI Defense Attorney law offices since 1994. My web site has been profiled in presentations by Bar Associations, referred to by legal experts and used as a reference tool for other DUI / Drunk Driving defense attorneys across the Untited States. However, I am very new on the social networking scene so I hope the public will be patient with me. I am planning on posting more often with relevant information regarding DUI / Drunk Driving in California.

At the end of September, 2010, Governor Schwarzenegger signed into law AB 1601 which will now allow judges to revoke for up to 10 years a convicted DUI / Drunk Driver who has at least 2 prior DUI / Drunk Driving convictions within 10 years of a third DUI / Drunk Driving conviction. The is California’s version of “3 Strikes and Your Out”. The bill was sponsored by Assemblymember Jerry Hill of San Mateo. In January, I debated Assemblymember Hill on this bill. See the link KABC AM 790 TALK RADIO – Peter Tilden Podcast Part 1 Top Gun DUI Defense Attorney® Myles L. Berman discusses proposed 3 strikes DUI law with Peter Tilden and California Assemblyman Jerry Hill; and KABC AM 790 TALK RADIO – Peter Tilden Podcast Part 2, Top Gun DUI Defense Attorney® Myles L. Berman discusses proposed 3 strikes DUI law with Peter Tilden and California Assemblyman Jerry Hill; both found at www.topgundui.com/about/in-the-news/.

There has been a growing trend nationally to charge drivers with murder when a death occurs as a result of a driver who is arrested in a DUI / Drunk Driving case. Some years back, a prosecutor put forth a theory that if the driver knows or should have known of the risk of driving under the influence of alcohol, is grossly negligent in the way the vehicle was driven and a death occurs as a result, then the jury can “infer” the driver had the requisite “malice” to find the driver guilty of murder. One way to show the driver knew or should have known of the risks is if there was a prior conviction for DUI / Drunk Driving where the driver attended an alcohol program and was taught about the dangers of DUI / Drunk Driving.

According to the LA Daily News, four of the top ten large cities across the United States for DUI / Drunk Driving arrests are in California. San Diego ranks as number one. San Jose ranks as number two. Los Angeles ranks as number seven. San Francisco ranks as number eight. Boston was excluded from the list as there was no data available. The list was comprised by a study done by Insurance.com. The study was based on information provided by drivers seeking online quotes for auto insurance during the past three years. The rest of the top ten cities are Charlette, N.C. number three, Phoenix number four, Columbus, Ohio, number five, Indianapolis number six, Austin, Texas, number nine and Jacksonville, Florida, number 10.

Recently, an Appellate Court in California affirmed a second degree murder conviction for a reckless driver who was alcohol/drug free because in part he had a previous DUI / Drunk Driving conviction. The prosecution introduced into evidence in the murder trial evidence of the prior DUI / Drunk Driving conviction and that the defendant attended an alcohol program in the prior DUI / Drunk Driving case that discussed the risks of driving dangerously and therefore the defendant was aware of the risks. Once the defendant was aware of the risks, the jury was allowed to infer malice which would justify a second degree murder conviction. Therefore, anyone who has a DUI / Drunk Driving conviction and gets into an accident in which the state feels the driver was reckless can be charged and convicted of second degree murder.

Agents of the State Bureau of Investigations for North Carolina discovered that state crime lab analysts either overstated, omitted or falsified results of blood evidence in dozens of cases. In three of those cases, the defendants were executed. Apparently from 1987-2003, prosecutors were aided by agents of the State Bureau of Investigations who were misrepresenting blood evidence and keeping crucial notes from defense attorneys as well. The above findings were a result of a review 190 cases ordered by the State Attorney General after a man was imprisoned for 17 years for a murder he didn’t commit. As I have reported previously, state crime labs throughout California and the US are routinely used to prosecute people arrested for DUI / Drunk Driving.

The Supreme Court of Connecticut recently held that a cross hanging from the rear view mirror was not a sufficient basis to stop a driver which resulted in a DUI / Drunk Driving arrest. As a result, all evidence obtained as a result of the stop was not admissible and the conviction thrown out. The State claimed that the hanging cross could have posed a distraction but presented no evidence to support their position. One time I was in court watching another case when the State claimed that a Union 76 orange ball placed on the top of an antenna blocked the driver’s view and that was the reason why the police pulled him over. Police often look for any type of unusual minor decorations to stop a driver for DUI / Drunk Driving, even cracked windshields!

The Huntington Beach Police Department has recommended to the Huntington Beach City Council that names of drivers arrested for DUI / Drunk Driving be published. The police department considered publishing the names after a local newspaper stopped publishing the names last December. The City of Irvine already publishes the names of people arrested for DUI / Drunk Driving, as well as other crimes, on the Irvine Police Department website. In addition, the Huntington Beach Police Department has been keeping track of establishments that drivers arrested for DUI / Drunk Driving say they consumed their last drink. What’s interesting about this is that police officers generally do not believe the number of drinks a DUI / Drunk Driving suspect states was consumed. Why should they believe where suspected drivers say that had their last drink?

As of July 1, 2010, repeat DUI / Drunk Driving offenders will be eligible for early license restrictions. A person convicted of a second DUI / Drunk Driving offense will be eligible for a restricted driver’s license after completing a 90 suspension provided the person installs an ignition interlock device on any vehicle the person owns and/or has access to for a period of 12 months. A person convicted of a third DUI / Drunk Driving offense will be eligible for a restricted driver’s license after completing a 6 month suspension provided the person installs an ignition interlock device on any vehicle the person owns and/or has access to for a period of 24 months. The Department of Motor Vehicles is to notify the convicted driver upon receiving notification of the convictions from the courts.