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According to the California Department of Motor Vehicles, there were 203,866 DUI / Drunk Driving arrests in 2007. This breaks down to 197,602 misdemeanor and 6,264 felony DUI / Drunk Driving arrests for 2007.Also in 2007, there were 192,213DUI / Drunk DrivingDMV Administrative Per Sesuspension/revocationactions. An administrative persesuspension/revocation action occurs aftera police officer takesa California driver’s license and/or issues a temporary licenseafter thedriver hasbeen arrested for DUI / Drunk Drivng andtook a breath test with resultsof a .08 or greater, took ablood test or refuses a breath or blood test, or if someone under 21 either has a breath or… Read More

According to a report released on February 18, 2009, by the National Research Council of the National Academies of Science, Engineering and Medicine, the nation’s crime labs on the federal, state and local levels are rife with serious deficiencies including lacking practitioner and laboratory independence, standards, oversight and certification. The National Research Council called for the establishment of a wholly independent federal agency, the National Institute of Forensic Science to address the problems in the current science and system. As this relates to DUI / Drunk Driving defense, we experience a wide variation of policy, procedures and testimony from the… Read More

Oftentimes I am asked about unusual DUI / Drunk Driving cases we have handled. One case we handled a while ago was a golfer who was arrested for DUI / Drunk Driving while driving a golf cart! The client was finished playing golf and was driving home in the golf cart. Keep in mind that in California, anyone is subject to being arrested for DUI / Drunk Driving in any type of motorized vehicle anywhere in the State. If you know of an unusual DUI / Drunk Driving arrest like this one, please let me know.

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… Read More

According to the U.S. Transportation Department, more women are getting arrested for DUI / Drunk Driving all accross the nation. Law enforcement records from 1998-2007 show a jump of nearly 30% for women arrested for DUI / Drunk Driving. The report, authored by the FBI for the National Highway Traffic Safety Administration, also showed a decline in the number of men arrested for DUI / Drunk Driving during the same period. However, men out number women by four to one. While the report is silent as to the reason for the increase in women arrested for DUI / Drunk Driving,… Read More

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 wasworking fora private laboratory for over two years. The forensic alcohol analyst was fired in February, 2009. Apparently, this forensic alcohol analystpreviouslywas 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 toprovide forensic alcohol analysiswith San Deigo, Riverside and San Bernardino countiesto provide a detailed list of thousands of cases the… Read More

According to the California DMV, in 2007, the median age of a person arrested for DUI / Drunk Driving was 30 years old. A little more than half (52.7%) of the arrestess were 30 years old or younger. Almost three-quarters (74.6%) were 40 years old or younger. Less than 1% of all DUI / Drunk Driving arrestees were juveniles (under 18). Only 2.2% of people arrested for DUI / Drunk Driving we over 60 years old. Over a 10 year period from 1997 – 2007, there was a 26% increase in DUI / Drunk Driving arrests for people under 21… Read More

According to the LA Times, an Ohio man was charged with operating a vehicle while intoxicated after he crashed his bar stool which was powered by a lawn mower engine. Not much else to say about this one!

The Kentucky State Senate is debating whether or not to require repeat convicted drunk drivers as well as DUI / Drunk Drivers with a conviction that has aggravating circumstances to install an ignition interlock device as part of a DUI / Drunk Driving sentence. However, some state senators want to look into the issue further to determine the financial benefit private companies who provide the devices would receive if the law goes through. The state senators also want to determine if this bill would create a cottage industry with one cottage.

In Illinois, starting in 2009, people arrested for DUI / Drunk Driving can now apply for a Monitoring Device Driving Permit (MDDP) which will allow a first time offender to drive 30 days after a DUI / Drunk Driving arrest for work, school, family reasons, and under a limited number of other circumstances. In order to receive an MDDP, the driver must pay for and install a Breath Alcohol Ignition Interlock Device in a vehicle they with to drive during the period of the MDDP. There is an exception for an employee owned vehicle. If the driver allows someone else… Read More