Marin DUI Lawyer Blog

Holiday drivers in Marin County, San Francisco, Oakland and throughout California should really think when they drink this weekend. The CHP will be conducting their last MEP, Maximum Enforcement Period, of the summer this Labor Day weekend.

The Highway Patrol will be rolling in force beginning Friday, September 3, 2010 and ending Monday, September 6, 2010, as part of their ongoing aggressive crackdown on impaired driving which began on August 20. Last year the CHP arrested 1,417 drunk drivers over the Labor Day holiday.

To aid in the crackdown against driving under the influence the CHP is urging motorists call 911 if they see any drivers whom they suspect drunk. Motorist who call 911 to report drunk drivers should be prepared to provide CHP dispatchers with a description of the drunk driver's car, its location and direction of travel.

Drivers arrested for DUI/DWI in California face severe consequences including a potential jail sentence: 0 to 180 days on a first offense, 10 days minimum on a second DUI, 120 days to 1 year on a 3rd drunk driving charge and possible state prison if convicted of a 4th offense for driving under the influence. In addition to possible jail time, DUI offenders must pay hefty fines to the court and fees for attendance at mandatory DUI school. Further, drunk drivers face the possible suspension, revocation or restriction of their driving privileges. Moreover, the installation of an ignition interlock devices (IID) is mandatory for even a 1st offense DUI conviction in Alameda, Los Angeles, Sacramento, and Tulare counties. Those counties are conducting a pilot program for 1st offender IID devices and the IID requirement on a 1st DUI may be expanded statewide in the future.

Continue reading "Marin Drivers Beware - DUI Patrols at Max Level this Labor Day" »

Hector Marin was arrested for suspicion of drunken driving last Wednesday after running a red light and smashing into a Land Rover. Fortunately no one was injured as a result of this alcohol related crash.

Investigating officers determined that Mr. Marin was under the influence and placed him under arrest for DUI. He subsequently submitted to a breath test with a blood alcohol result of .24%. The legal limit in California is .08% and anyone driving with a .08% or more can be charged with driving under the influence with a prohibited blood alcohol level.

After arresting Mr. Marin Santa Rosa Police Officers learned that he has seven prior convictions for DUI in Sonoma, Marin and Mendocino counties. He was convicted of two DUI's in the 2000s, one in 2005 and one in 2009.

It is likely that Mr. Marin will be charged by the Sonoma County DA with at least a 3rd DUI as he has two priors in the last 10 years. A drunk driving conviction in California can be used as a sentencing enhancement to increase the punishment on any future DUI for a 10 year period. A 3rd DUI is a misdemeanor and carries a minimum punishment of 120 days in county jail and a maximum of 1 year. If Mr. Marin has any prior felony DUI convictions on his record he can be charged with a felony in this case. A felony DUI can be punished by up to 3 years in prison.

Mr. Marin was booked into the Sonoma County jail for driving under the influence and for driving with a suspended license, and a probation violation, as he is on probation for a prior DUI, and for driving without a court-ordered interlock device.

Continue reading "Santa Rosa Crash, Driver Arrested for Eighth DUI " »