San Mateo, California DUI/DWI Blog

Drunk driving charges are prosecuted very seriously in California, as law enforcement officers and lawmakers continue to focus on preventing dangerous car accidents. In many drunk driving cases, however, a viable criminal defense strategy may be available that could result in reduced charges, a complete dismissal, an acquittal at trial or a favorable plea agreement. It is generally essential for drunk driving defendants to seek legal counsel in order to obtain the best possible results.

In a recent case, a fairly rare legal defense was put up in a DUI case in Marysville, California. That case involved a 57-year-old Modesto man who was arrested at almost 2 a.m. last summer after running through multiple stoplights and driving at twice the legal speed limit. The man failed a field sobriety test and a breath alcohol test, and admitted to police that he had drunk wine that evening. Many people might assume such evidence is weighted heavily against this driver, but in fact the district attorney in Yuba County has now decided not to prosecute the case.

Those who have recently been arrested on the suspicion of driving under the influence of alcohol in San Mateo County may not know what is in store for them. Many people who are arrested for DUI--specifically first-offense DUI--do not realize the severity of the consequences for such a criminal charge.

Here in California, drunk driving convictions lead to serious penalties. Even for those who have clean records, a driver's license suspension, fines, increased insurance rates, probation and even jail time may be a part of a criminal sentence for a DUI. In fact, a recent Los Angeles Times report put the cost of a first-time drunk driving conviction at almost $16,000--not counting the lost wages that may be incurred if a defendant is jailed.

There are several different types of chemical tests designed to determine blood-alcohol content for drivers suspected of being under the influence of alcohol or drugs. The most common test is a breath test. This test is often referred to as a breathalyzer test after the machine used to administer it.

Blood tests are also often used. But the authority of law enforcement officers to compel those tests without a warrant is currently being challenged in a case before the U.S. Supreme Court. In that case, Missouri v. McNeely, patrol officers forced a driver who refused a breath test to submit to a blood test.

The issue of breath test refusal is of course an important one in California DUI cases. When deciding whether to agree to such a test, make sure you are clear on exactly which type of breath test it is.

Starting on January 1, 2013, individuals pulled over for driving under the influence of drugs will no longer have the option to choose a urine chemical test over a blood or breath test. Urine tests will only be available in cases where blood tests are not available or where the defendant is on an anticoagulant.

Prior to the passage of the bill -- AB 2020 (Pan) -- if you were arrested for driving under the influence of drugs, you could choose to submit to either a blood or urine test. The legislature determined, however, that blood tests, though slightly more expensive, are more effective than urine tests and are challenged less frequently in court.

There are four different ways that a drunk driving offense can be charged as felony DUI in California:

1. The defendant has had three or more DUI convictions in the previous ten years
2. The defendant has been convicted of another felony DUI or felony gross vehicular manslaughter in the previous ten years
3. The defendant has any prior convictions for gross vehicular manslaughter while intoxicated, gross vehicular manslaughter while intoxicated and when committed during the operation of a vehicle, or felonious vehicular manslaughter while intoxicated but with gross negligence
4. The act of drunk driving caused bodily injury or death

All DUI charges have serious consequences, but a felony charge is particularly disabling. It can lead to license revocation for up to five years and between 180 days in jail (minimum) and four or more years in prison. More importantly, it means that a felony will be permanently on your record, which can prevent you from getting jobs, possessing a firearm, and even receiving student loans.

If you are going to the game between the 49ers and the Chicago Bears tonight, you may want to bring a designated driver or take a cab.

The San Francisco Police Department has announced that it will increase DUI patrols around the Candlestick Park Corridor and will set up DUI checkpoints. At these sobriety checkpoints, officers stop every vehicle or every nth vehicle and test the drivers for alcohol. More importantly, however, the Department believes that by publicizing the checkpoints, they reduce the number of drunk drivers on the road and, thus, the number of drunk driving accidents.

The Candlestick Park enforcement effort is made possible by a $106,000 grant that the City of San Francisco received to target drunk driving. The saturation and checkpoints will be active from 7:00 p.m. to 3:00 a.m., obviously targeting football fans.

Virginia is one of a handful of states that have pretty strict drunk-driving laws. All first-time drunk drivers in Virginia-even if they have had no other encounters with the law-are required to have interlock ignition devices (IIDs) installed on their vehicles. These first-conviction interlock laws, as they are referred to, has attracted the attention of the federal government prompting them to take proactive measures to convince other states to do the same.

Ignition interlock devices have been around for a while. They are mechanisms, present in the interior of a motor vehicle, that prevent a car from operating until the driver has exhaled into the device. If the presence of alcohol is detected, the car will not start. In some cases, the driver must also provide another sample while the car is in motion.

Most jury members see jury duty as a major inconvenience and something they hope they never get called to do. However, once on the jury, jurors often surprise themselves by how engaged with the trial they become.

Some jurors, in fact, take their involvement to another level by experimenting at home to see if testimony holds truth. Courtrooms all over the country, including the Bay Area, are learning as they go what jurors are allowed to do and what should be permitted in the courtroom.

During a trial in Florida, a juror recently admitted to going home and drinking three vodkas to see if he would be too impaired to drive.