Marin DUI Lawyer Blog

In late 2009 a driver was arrested for DUI in San Francisco after crashing into a guard rail on I80 Eastbound. The San Francisco District Attorney waited almost six months to decide to charge the driver with driving under the influence and driving with a .08 or greater blood alcohol level.

After his arrest the driver submitted to a breath test to determine his blood alcohol level. The machine that he blew into required multiple blows and showed several errors related to alcohol being present in the ambient error. Eventually the diver blew a .12, .13 and a .14.

Attorney John Stanko appeared in court for the driver and entered a plea of not guilty. After thoroughly reviewing the police reports and discovery related to the maintenance and calibration of the breath machine Mr. Stanko appeared at a pre-trial conference. After pointing out the weaknesses in the District Attorney's case, including the problems with the breath testing equipment, he was able to convince the District Attorney to dismiss the DUI charges against the driver and agree to a plea of no contest to a Dry Reckless.

A Dry Reckless charge is a non alcohol related reckless driving charge and a conviction for it carries substantially less punishment than a conviction for drunk driving. Further, because a Dry Reckless is not alcohol related it is not a priorable offense and if the driver picks up a DUI in the future the Dry Reckless cannot be used against him.

Continue reading "San Francisco DUI with accident - driver pleads to Dry Reckless" »

At around 10:30 p.m. on Saturday, August 21, 2010, a 25 year old Vallejo woman had herself arrested for drunk driving. Nancy Murcia told Vallejo police officers that she felt compelled to call 911 to report that she had been drinking and driving. Officers pulled her over near Florida and Sacramento Streets in Vallejo and found that she was in fact driving under the influence.

Ms. Murcia could be facing possible county jail time ranging from six months to one year depending on whether this is her first or multiple arrest for DUI. Driver's in California arrested for drunk driving also face the potential loss of their driving privilege from the DMV for between four months to four years. The length of driver's license suspension or revocation varies based on factors including prior convictions and whether the driver refused to submit to a chemical test to determine their blood alcohol concentration.

Multiple offenders can now obtain a restricted driving privilege after ninety days of suspension on a second offense and six months of suspension on a third offense provided they install an ignition interlock device (IID) on their car and provide proof of DUI program attendance and and SR22.

Continue reading "Vallejo DUI driver has herself arrested." »

The San Rafael Police Department will be conducting a DUI and driver's license checkpoint this Friday from 6 p.m. until 2 a.m. on Saturday, August 7, 2010. The location of the checkpoint has not been disclosed.

This weekend's checkpoint will be funded by a DUI mini grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. The last checkpoint conducted under the same grant in San Rafael on July 23, 2010 resulted in 17 drivers submitting to field sobriety tests but no drivers were arrested on suspicion of driving under the influence.

Submission to field sobriety testing and/or a PAS breath testing device is voluntary and not required under California Law. However, if a police officer has cause to arrest a person for DUI they must submit to a chemical test to determine their blood alcohol concentration. Refusal to take a chemical test can result in a drivers license suspension for one year on a first offense or a two or three year license revocation on a second or third offense.

Continue reading "DUI Checkpoint in San Rafael set for this Friday" »