Marin DUI Lawyer Blog

Last Friday the San Rafael Department deployed an eight officer strike team from 4p.m. to 1:30 a.m. on Saturday, to look for Drunk Drivers. At the conclusion of their DUI saturation patrol, after making 30 traffic enforcement stops, San Rafael Police Officers made only one arrest for driving under the influence. However, nearly half, 14, of the drivers pulled over were given field sobriety tests. Officers issued an additional sixteen moving safety citations, three citations to unlicensed drivers and arrested one person on an outstanding warrant.

The driver arrested for DUI was stopped for a loud music violation and subsequently found to have an alleged blood alcohol concentration of .10%. In California the per se legal limit for drunk driving is .08% or greater. As such, it is illegal for any driver with a blood alcohol level of more than .079% to drive a motor vehicle. Further, drivers under the age of 21 and drivers on probation for driving under the influence are prohibited from driving with any alcohol in their blood.

Police officers in Marin County and throughout California are trained to detect impaired drivers pursuant to standards set forth by the National Highway Traffic Administration (NHTSA). The first phase of DUI detection involves the Police Officer's observations of the vehicle in motion. NHTSA lists 24 visual cues for DUI detection and among them would be inappropriate or unusual behavior. Arguably, driving with amplified or loud music could be considered inappropriate behavior and could provide cause for an officer to make a traffic stop.

Continue reading "San Rafael DUI Saturation Results" »

Vallejo Police Department officers on duty on Thursday night will be keeping and extra sharp eye out for drunk drivers due to the Cinco de Mayo holiday. Along with CHP Officers, the Vallejo Police Officers will be conducting their DUI saturation as part of the Solano County "Avoid the Solano 10."

In Solano County ten police agencies participate in the "Avoid the Solano 10 campaign", a program funded by a grant from the State of California Office of Traffic Safety. Participating police departments use state funds to conduct DUI checkpoints and DUI saturation patrols in each of the cities in Solano County.

Driving under the influence cases in Solano County are prosecuted in both of the Solano County Superior Courthouses, located in Vallejo and Fairfield. Which Courthouse a case goes to depends on whether the DUI arrest was made in the Northern or Southern part of the County. Typically drunk driving cases originating in Vallejo and Benicia are handled in Department 24 of the Vallejo Court while cases stemming from arrests in Vacaville, Dixon, Rio Vista and Fairfield begin in Department 21 of the Fairfield Court. Currently Commissioner Raymond Wieser sits in Department 24 while recently sworn in Commissioner William Pendergast sits in Department 21

Continue reading "Vallejo DUI Patrols stepped up for Cinco de Mayo" »

The San Francisco Police Department will be rolling out a five officer motorcycle patrol on Cinco de Mayo aimed at catching drunk drivers. Captain Al Casciato of the San Francisco Police Department's Traffic Company said that the DUI motorcycle officers will be heading out of the Traffic Company at the Hall of Justice at 7 p.m. Cinco de Mayo and returning from their roving drunk driving patrol at 3 a.m. on Friday, May 6, 2011.

San Franciscan's can avoid the possibility of getting a DUI by taking advantage of one of the free taxi cab services being offered on Thursday's holiday. A California personal injury attorney, Berg Injury Lawyers, is putting up $35 for a cab ride home. All you have to do is mention them to the cab company you call. If your trip costs more than $35, you are responsible for the difference.

Regardless of cost, a taxi ride or other public transportation home from a bar will certainly cost you less than an arrest for driving under the influence. A conviction or a first offense DUI can result in three to five years of probation with fines and fees exceeding $2,000.00 after paying the court, DUI program and the DMV fees. Drunk driving offenders may also serve jail time up to six months on a fist offense and up to one year on a second offense. Most people convicted in San Francisco will have to serve time with the San Francisco Sheriff's Department's Work Alternative Program, SWAP.

Continue reading "San Francisco DUI Motorcycle Patrol" »

The San Rafael Police Department has announced that the Marin County Avoid the 13 DUI Task Force will be working overtime to prevent drunk driving on city streets throughout the county on May 5, Cinco de Mayo. At the same the California Highway Patrol will be conducting a DUI saturation on local freeways and in the unincorporated areas of Marin.

The Marin Avoid the 13 is funded by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.

DUI enforcement officers will be looking for signs of a drunk driving in order to effect a traffic stop and will conduct tests on suspected impaired drivers. Police officers will arrest those drivers whom they believe have had too much to drink.

The National Highway Safety Administration has approved a three test battery of standardized field sobriety tests for DUI investigations. Those three tests, horizontal gaze nystagmus (HGN), the one leg stand, and the walk and turn test have been scientifically validated. However, CHP officers and local Marin County police officers often give additional non validated field sobriety tests to DUI suspects. Those non validated tests include the Rhomberg test, finger count, hand pat and the alphabet.

Drivers in California are under no obligation to submit to field sobriety testing. However, drivers under twenty-one years of age and drivers on probation for DUI, must submit to a preliminary alcohol screening device (PAS) if requested to do so. Further, all California drivers have given their implied consent to submit to chemical testing to determine their blood alcohol level if arrested for driving under the influence. Refusal to submit to a chemical test can enhance punishment if convicted of drunk driving and can result in a driver's license revocation for one year on a first offense.

Continue reading "Marin County Avoid the 13 DUI Saturation Planned for Cinco de Mayo" »

Police in Petaluma, Sonoma County, stopped approximately 900 cars at multiple DUI checkpoints set up throughout that city on Saturday night. Of those 900 drivers only one was arrested for driving under the influence.

Police officers detained a total of twenty-four drivers for further questioning. One of those drivers was arrested for an outstanding DUI warrant and two drivers were arrested for d driving without a license.

Drunk driving checkpoints aimed at deterring people from driving impaired and driving while unlicensed, have become commonplace in recent years. Although these checkpoints amount to a warrantless intrusion and their effectiveness can be questioned, the courts have ruled that checkpoints are legal provided that the police follow guidelines including the giving of advance notice to motorists, the use of proper warning signs and lighting and a neutral based formula for stopping cars.

Additional DUI and driver's license checkpoints are planned throughout the remainder of the year to raise awareness of impaired driving in Petaluma and Sonoma County.

Continue reading "Petaluma DUI Checkpoint nets Four " »