Recently, the Oceanside Police Department turned over to the San Diego County prosecutors office neary 8 years worth of video tapes of suspect interviews stashed by an Oceanside police officer. It’s not clear if the officer withheld the tapes intentionally or wasn’t aware that he was to turn them over to the defense. Credit goes to the San Diego County District Attorney’s Office for notifying defense attorneys of the existence of the video tapes. My guess is that the officer kept the tapes for his own protection in case a suspect may have alleged the officer may have committed some kind of violation of the suspects’ rights. There is no indication if any of the video tapes involved DUI / Drunk Driving arrests.

According to the Los Angeles Daily Journal, thousands of cases (including DUI / Drunk Driving cases) in San Diego, Riverside and San Bernardino counties may be impacted by a forensic alcohol analyst who was working for a private laboratory for over two years. The forensic alcohol analyst was fired in February, 2009. Apparently, this forensic alcohol analyst previously was not being truthful hundreds of times while working at a Colorado lab eight years ago. One county judge has ordered the private laboratory who has contracted to provide forensic alcohol analysis with San Deigo, Riverside and San Bernardino counties to provide a detailed list of thousands of cases the fired forensic alcohol analyst worked on while he was employed there. In addition, at least two county prosecutors offices have and are still compiling information on cases the fired forensic alcohol analyst was involved with.

Recently, a California State Senator introduced a bill to allow the Department of Motor Vehicles to suspend a person driver’s license if convicted of Boating Under the Influence (BUI) of alcohol and/or drugs. Currently, the DMV does not have the authority to take any action against a driver’s license upon conviction for BUI. However, courts can take into consideration at sentencing for a DUI / Drunk Driving conviction any prior convictions for BUI.

As of January 1, 2009, anyone who is on DUI / Drunk Driving probation who is detained or arrested for DUI / Drunk Driving must submit to a chemical test (blood, breath or urine). If results obtained are greater than a .01 or if a person on probation refuses to take a chemical test, then there is a possible new DMV suspension/revocation of the driver’s license from 1 to 3 years depending on the number of prior offenses as well as whether or not the person refuses the chemical test. In addition, there can be an additional charge filed in court.

The California Highway Patrol reports there was a 21% increase for people cited for DUI / Drunk Driving in the state of California during the 2008/2009 New Year holiday period compared to last year according the the Orange County Register. The CHP cited 438 people for DUI / Drunk Driving from December 31st starting at 6:00 pm through January 2nd at 6:00 p.m.