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California passed a new tough pilot ingnition interlock device law that would require DUI / Drunk Driving offenders (including first time offenders) to install an ignition interlock device on all vehicles owned or operated by the offender. This pilot project law is limited to Alameda, Los Angeles, Sacramento, and Tulare counties. The law is to take effect July 1, 2010 and is set to expire January 1, 2016. There are certain requirements before the law actually takes effect such as the California Department of Motor Vehicles will be required to obtain, by January 31, 2010, non-California funding for the costs… Read More

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… Read More

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… Read More

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… Read More

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… Read More

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.

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.

According to the California DMV, in 2007 DUI / Drunk Driving arrests rates had a range from 0. 3 to 2.9 DUI / Drunk Driving arrests per 100 licensed drivers. California’s statewide average rate was 0. 9. The five lowest county rates were San Francisco (0.3), Contra Costa (0.6), Santa Clara (0.6), Los Angeles (0.7), and San Mateo (0.7). The five highest county rates were Glenn (2.9), Sierra (2.5), Tehama (2.3), Colusa (2.1) and Inyo (2.0). Among larger counties, San Bernardino had the largest increase in DUI / Drunk Driving arrests with 11.1%. Among smaller counties the largest percentage increase… Read More

According to the USA Today, 11 states now require all people convicted of first time DUI / Drunk Driving to install ignition interlock devices. The US Congress may take up this issue this fall that will mandate states require all people convicted of first time DUI / Drunk Driving to install the devices in order to receive Federal Highway Funds. Any state that does not meet this requirement risks losing Federal Highway Funds. Reportedly, if all states meet the requirement, then there will be nearly 1 million ignition interlock devices installed in the US each year. If each device costs… Read More

According to the most recent year the California Department of Motor Vehicles records are available, LA County had the most DUI / Drunk Driving arrests for 2007 in California with 41,286. This represents 20.3% of all persons arrested in 2007 for DUI / Drunk Driving. Southern California’s 5 counties (Los Angeles, San Diego, Orange, San Bernardino and Riverside) accounted for 48.3% of all persons arrested for DUI / Drunk Driving in California for 2007. The California county with the lowest number of DUI / Drunk Driving arrests in 2007 was Alpine county with 19.