DUI Defender

The Legislature passed a bill making it a crime to drive a car with a cellular telephone in your hand. The law will not go into effect until July 1, 2008, the new law will require that all drivers use “hands-free” equipment when driving. While the fines may be low ($20 for the first offense, $50 for each successive offense) the potential for abuse seems very real. If a law enforcement officer can make a stop for suspicion of driving with a cellular telephone as even using the speakerphone function on your telephone violates the law. For more information on this law go to the California Department of Motor Vehicles website, if you are interested in other changes for 2008 visit here.

Increasingly technology is developing new tests for alcohol and the technology trickles down to the common person. Some years ago a new test was developed for a chemical called EtG which seems to be some sort of metabolyte of alcohol. If the EtG shows up in a urine test it is proof of recent alcohol consumption. The test was developed in response to the fact that alcohol is quickly metabolized and vanishes from urine in a very short period of time. The concern was that alcoholics could time their alcohol consumption to meet the demands of a random urine testing program. As it turns out, random urine testing programs are quite common for people involved in the health care industry that have either admitted an alcohol problem, been convicted of an alcohol related offense or otherwise raised a red flag regarding alcohol consumtion. The panels that oversee these professionals realized the shortfalls of conventional urine testing for alcohol and turned to the EtG test.

One problem, false positives. As the EtG test has gained momentum a growing number of persons involved in the EtG testing program have tested positive for alcohol while vigorously denying alcohol consumption. One of the earliest proponents of the test, Dr. Gregory Skipper, the Director of Alabama’s monitoring-and-assistance program for addicted physicians, has conducted independent studies proving that false positives are not only possible but likely. The most likely source of the false positive, Purel Hand Sanitizer. Purel is very common in the health care industry and is composed of 62% alcohol. While the means of cantamination isn’t certain, people involved think that inhalation is the most likely source of the alcohol tested by the EtG test.

In February of last year I wrote that a DUI was the $10,000 ride ride home. Recently CNBC published an article putting the cost at $20,000. The total takes into consideration many of the underlying costs of a DUI and does not include those that would be quite obvious if there was an accident, injury or death involved in the drunk driving incident.

The costs delieated include the prolonged insurance rate increases, time spent away from work fighting the charges, serving the sentence, attending alcohol education and/or treatment, alternative transportation, the “up-front” costs like bail and getting the towed vehicle out of impound, and of course the fines. Many places charge for jail alternatives, dui education and dui treatment.

Needless to say the article does not include the potential costs such as loss of job or opportunity if a DUI conviction prevents professional licensing or other career advancement.

Unfortunately, the real cost of a DUI is unknown by any particular person, until it happens to them. As an attorney in the DUI defense field, I can also state with confidence that the costs are not going down, they are only going up, and impact a conviction will have is genuine and serious for most people.

Saab is currently developing technology to help drowsy drivers be more self aware and hopefully pull over and sleep. The technology observes and evaluates drivers facial expressions, if it determines that the driver is drowsy the car will alert the driver as to the fact that the car thinks the driver is drowsy. Volvo is developing a technology that evaluates the driver’s ability to maintain lanes, if the car determines that the driver is unable to maintain the lane it will warn the driver.

The technology is being developed as a response to the National Highway Traffic Safety Administration statistics relating to the fact that drowsy drivers contributed to 22 to 24 percent of all accidents and near accidents. Interestingly, this technology is also being prepared to fight drunk driving. Perhaps seeing that society might not willingly accept technology that makes a decision about sobriety, maybe the society would be more willing to accept it if it prevents drowsy driving.

San Diego is experimenting with a machine that automatically scans a license plate and checks it against a data base of stolen cars. Detective le Ribeus stated in an interview that the eqipment picks up nearly every license plate it passes. The technology replaces the earlier method which required that an Officer write down and call in a suspicious license plate before recovering the car or inconveniencing the driver.

The technology is currently only used to run license plates against a list of stolen cars, it doesn’t take much to swee the possibility of running licenses against other data bases, cars without insurance, drivers with suspended licenses, how about just tracking citizens on the road?

Cops Writing Cops, a website for law enforcement to complain about other law enforcement not respecting the “shield” and the license it gives to break the law. My favorite is the “dick” section where writers tell their tale of woe, maybe their wife was speeding and was stopped and the stopping officer didn’t honor the “friends and family” get out of jail free card. And, you gotta love the googleads relating to how to beat your ticket(s).

In a recent interview, George Valverde, the Director of the California Department of Motor Vehicles, unveiled several new on-line resources for California drivers. Among the resources mentioned are a site for teen drivers and their parents. The teen site has three main components relating to getting a permit and restrictions associated with a “provisional license,” and “crazy” driving with discussions regarding alcohol and other drugs and their effects, zero tolerance and the responsibilities to provide chemical tests at the request of law enforcement.

An additional resource is aimed at senior driver’s, the emphasis is on training programs and additional resources for senior drivers.

Presumably, the teen site will include new laws and changes to existing law so if you are a teen driver, stay informed.

The Denver Post reported a “voluntary” checkpoint that was set up by a non-profit organization attempting to collect data from driver’s. The check point was volutary but operated under the auspices of the Sheriff’s Department. The checkpoint sought to analyze persons blood, breath and/or saliva. While voluntary in description, many particiapnts felt that they didn’t have the right leave, felt pressured to provide samples and were offered as much as $100 to participate in the “study.”

This raises an interesting question, with law enforcement watching over, and the subjects not being allowed to leave is the Sheriff’s Department and the Non-Profit Pacific Institute open to civil liability for false imprisonment or some other civil liability. It is amazing to me that a law enforcement agency would permit, let alone participate, in a “check point,” just who exactly are they “protecting and serving?”

If you think police are law abiding, that they don’t don’t make up reasons to get involved with driver’s, check out this video it illustrates the way some law enforcement officer’s handle their jobs. Unbelievably, the cop accosts this driver in a commuter parking lot, albeit 2:00 in the morning. The driver rigged his car with a dash camera because he had been found guilty of a traffic offense that he didn’t commit, he set up the camera to video questionable situations so that he would have potentially exonerating evidence in the future. Surprise! He now has evidence that supports his case.

In a recent decision the Ninth Circuit clarified a question that we are frequently asked. Many of our client’s who are not citizens are concerned about the immigration consequences of a DUI conviction. We always refer these requests to a qualified immigration attorney, and still do, as the law frequently changes and an immigration attorney is the best resource for up to date information. The major red light for most people seeking visas, green cards, or naturalization is a crime of moral turpitude. The definition of moral turpitude has been, and continues to be a moving target. However, the Ninth Circuit Court held in Marmolejo-Campos v. Gonzalez that while drunk driving is not a crime of moral turpitude the crime of drunk driving without a license is a crime of moral turpitude. This means that driving under the influence without a license can result in deportation proceedings. For additional commentary click here.