The Future Of DUI Prosecutions In California: What Trump’s Current Term Could Mean For You

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Drunk driving laws, and especially their enforcement, are not set in stone. Both legal statutes and police behavior vary with political movements, pressures, and changes. The election of President Donald Trump to a second term is one such moment that could cause DUI practices to shift in California. This article explains some of what can be expected, and how it might impact you if you get pulled over or arrested, including: 

• How Trump’s election will affect DUI enforcement behavior in California. 
• How new immigration policies increase the stakes of a DUI arrest or conviction. 
• The impact that changing policies may have on DUI enforcement and prosecution trends. 

Now That President Trump Is Back In Office, Should We Expect More Aggressive DUI Enforcement In California?

With President Trump now in office, police officers are likely to be more aggressive in Driving Under the Influence (DUI) enforcement. 

Under the previous administration, police officers did not have the full support of the executive branch or a portion of the general public. President Trump, on the other hand, seems keen to win over their support and is likely to increase funding for more aggressive law enforcement in general, which will extend into DUI law enforcement in particular. 

The public also seems to be respecting police officers more than ever now, and we have already seen a spike in positive public opinion of policing since President Trump was inaugurated. Additionally, the public seems to want more law enforcement in general, and this is also consistent with President Trump’s position.

Finally, we can predict that police officers will become more aggressive in their law enforcement, including for DUI. This means they will stop more people for traffic violations because they now know that they have the backing to enforce these laws. This will indirectly lead to more DUI prosecutions, as those stopped are checked for alcohol and / or drug impairment. 

How Might President Trump’s “Law And Order” Stance Influence Police Behavior And Perception?

Under previous administrations, the police were often concerned about whether the government truly supported them. Many officers might have been looking over their shoulders or even concerned about being attacked or charged criminally for their behavior. 

That is changing, and there is no doubt that police officers across the nation, including California, feel the President has their backs. Certain jurisdictions in California, Southern California in particular, are more conservative than other jurisdictions, which means they are even more likely to feel that their police departments and their local governments have their backs and are not going to put them out to dry. 

Thus, despite the reality that some police officers may abuse their position, the overall perception is that under the new administration and the world we are living in now, Police Officers for the most part comport themselves professionally, ethically, honestly, and legally. 

How Will The Trump Administration’s Policies Change Police Behavior Or Road Conditions?

We are also going to see more checkpoints, funded by state and federal governments, where individuals driving through can be stopped and investigated for possible drunk driving or drug driving. We are seeing a proliferation of these checkpoints throughout the country, including in California, in particular, for trying to get drunk and drugged drivers off the road. But it would not be surprising if these checkpoints are expanded even further, as a means to accomplish other administration objectives, especially catching undocumented immigrants. 

Those who drive through the checkpoint and end up being investigated, regardless of whether they are arrested for DUI, will have to identify themselves after all. If you are an illegal alien or your immigration status is not up to date, and you do not have documentation to support yourself, the police might just choose to process you as an illegal and then turn you over to ICE. It could even end up with you being deported. 

How Will President Trump’s Immigration Policies Make DUI Convictions Riskier For Non-Citizens?

There is no doubt that non-citizens are at a greater risk of deportation with the current levels of DUI enforcement when they are pulled over. If you are pulled over and your status is not legal, you are immediately at significant risk of deportation. 

Even without deportation, if you are convicted of Driving Under the Influence either alcohol or drugs, you can have certain visas revoked or their renewal refused. Someday soon, the way things are going, even green card holders who have immigrated here legally could have their status, or at least their path to citizenship, put in jeopardy.

Are California Prosecutors More Likely To Be More Aggressive In Prosecuting DUI Cases?

Police are not the only law enforcement institution likely to change its behavior, either. As time progresses, prosecutors may be trained or instructed to be more aggressive. Recently, for example, the Los Angeles City Attorney’s office received funding to train prosecutors to be more aggressive on DUI charges. 

We will hear about such measures more and more as time goes on because law enforcement has become a big focus of President Trump’s philosophy and policy. The funding for more DUI checkpoints and more prosecutors will lead to more aggressive DUI prosecution. 

How Will Electoral Shifts Influence Prosecutor Behavior, Including For DUI Charges?

In California, and Southern California and Los Angeles County in particular, prosecutors who were painted as being liberal or soft on crime are losing reelections as more conservative and aggressive prosecutors are elected on “law and order” platforms. This is happening at the local district attorneys’ and local city attorneys’ level, which will lead to more aggressive prosecutions for DUI cases, including drug-related charges. 

What Is NOT Likely To Change Under The Current Administration For Those Accused Of DUI?

What gives me hope is that both the US Constitution and the Constitution of the State of California contain rights that are carved in stone. An administration cannot come along and ignore them; in order for those rights to be taken away, those Constitutions have to be amended.

As a DUI defense attorney, it is my responsibility to make sure that those rights are protected and that no one is convicted or goes to jail or has their future ruined because of overzealous police officers or prosecutors without due process of law. 

Have you or a loved one been arrested for Driving Under the Influence in California? Call us today!

For more information on the future of DUI prosecutions in California, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling 888-4-TOPGUN today.