Thanksgiving is upon us. While the holiday brings families and friends together, it also, unfortunately, leads to many arrests. In fact, today’s date of posting — Wednesday, November 24 — is often referred to as “Blackout Wednesday” for the high number of people at bars. In addition to celebrations, the holidays are the season of DUIs. In fact, during the holidays, drinking jumps 100% percent according to a study held in recent years. Naturally, this correlates heavily with drunk driving-related arrests and fatalities.
The National Safety Council (NSC) estimates 515 fatalities on the road this year around the Thanksgiving holiday, which the NSC considers as taking place from 6 p.m. Wednesday, November 24, to 11:59 p.m. on Sunday, November 28. In 2019, 29% of all Thanksgiving holiday fatalities on the road involved an alcohol-impaired driver.
There are unfortunately many common misconceptions about the potentially deadly consequences of getting behind a wheel “a little buzzed,” as well as the ramifications of a felony DUI. California penalties can be personally devastating. Here are some truly sobering numbers:
242 — That is the number of fatalities caused by drunk driving in California on Thanksgiving and Christmas from 2010-2018. Those two days in California accounted for 9% of all drunken driving fatalities nationwide.
4,944. That is the number of felony DUI arrests made in 2017 alone. A felony DUI is an extremely serious DUI. We are often asked: “is a DUI a felony or misdemeanor?” Our response is that a DUI is typically charged as a felony if (1) the driver killed or injured someone or (2) there are three prior misdemeanor convictions for DUI on their record within the past ten years.
As a result of these increases, we also see an increase in people seeking our support for DUIs.
As an experienced DUI defense attorney, cost is often the first thing I am asked about. At Proper Defense, we offer competitively low rates offered at a flat fee upfront. We know it can be life-changing to have an affordable DUI attorney. (Los Angeles, Orange, Fresno, Kings, Madera, Merced, and Tulare Counties are included in the areas we serve.)
If you or a loved one were pulled over, performed multiple tests, were arrested, bailed out, and now you have a pending court date, we have a specific page full of information about what happens next. At Proper Defense, we believe in a proactive approach and have specific next-step advice both for prevention and for successful DUI defenses that will protect you if your constitutional rights were violated in any way. The sooner you contact us, the better. If you are convicted of a DUI, you will be subject to classes, programs, and fines. Even at this last step, we can help — it is never too late.
DUI PREVENTION: WHAT YOU NEED TO KNOW ABOUT THE LEGAL ALCOHOL LIMIT AND HOLIDAY CHECKPOINTS
A Blood Alcohol Content (BAC) level of .08 is the legal limit. What constitutes being “under the influence” can vary greatly both by gender and weight. The DMV has a chart you have likely looked at many times before, but it is worth revisiting. As you can see below, while a 200-pound man can have two drinks and be below the legal limit at a BAC of .06, a 100-pound female would have a BAC of twice that at 0.12, well over the legal .08 BAC limit.
While the chart provides general guidelines, avoiding a DUI is actually much more complex. BAC is only one factor of the equation for DUI evidence needed for conviction.
After all, a BAC of .05 or .06 and a driving history full of violations and tickets could be all it takes for a conviction (especially without a Proper Defense). Additionally, the way in which a sobriety test is administered can make the difference between a .08 BAC and a DUI charge or not. DUI breath tests are the most commonly chosen test, followed by DUI blood tests. Both of these options are subject to error from something as simple as your diet with a breath test (ketones can be registered in the breath as alcohol, elevating your BAC) to a lab or preparation error with a blood test.
In fact, a certain percentage of DUI cases are dismissed in California for issues surrounding faulty blood draws and breath samples. Title 17 of the California Code of Regulations requires certain standards for how these tests must be administered and handled. Additionally, issues around a traffic stop (such as no probable cause for initiating a DUI/sobriety test) or statements that you made can also violate constitutional rights. As covered on our dedicated DUI page, if your case presents one or more of these issues, we will seek to file a “Motion to Suppress” in order to keep the illegally retrieved evidence out of the court case. This will be followed by a hearing at which we will cross-examine the arresting officer and maybe even give you an opportunity to speak in court by testifying against the officer.
Speaking of the “probable cause” defense, there is one caveat. DUI Checkpoints, also known as Sobriety Checkpoints, remove the need for “probable cause.” With that said, there are still standards to which the checkpoints must be held, including neutral criteria for stopping motorists and roadblocks being publicly advertised in advance. If requirements were not met, a Proper Defense is key to protecting your rights. For more information about DUI checkpoints in your area, check out sites like www.duiblock.com or Google search “DUI checkpoints tonight 2021.”
A Special Note About Marijuana Legalization and DUIs. Because there is currently no legal limit of THC, and marijuana has been legalized in California, proving physical symptoms of impairment is key for a DUI charge for marijuana to be proven. When the officer has gone through training to become a “Drug Recognition Expert” (DRE), their initial examination and testimony can bear great weight. This is when it’s more important than ever to hire an attorney you can trust. By hiring a skilled attorney at Proper Defense we will work with you to learn what mitigating factors need to be presented to the court to get you the least punishment possible. Our attorneys file briefs with supporting documents laying out what factors should be considered in your favor. One of our main focuses is conveying who our clients are to the court and the DA through both writing and oral advocacy.
GET DRIVING AGAIN: INTERLOCK IGNITION DEVICES AND DIVERSION PROGRAMS
A DUI can be expensive in a variety of ways, but costing you your ability to get to and from work could prove to be the costliest of all. If it is your first DUI, you may have a four-month license suspension, or you may receive a 30-day suspension followed by a 5-month restricted license allowing travel only to work, school, medical appointments, and a drug/alcohol treatment program. Fortunately, you may be able to restore your full driving privileges soon after arrest by showing proof of voluntary installation of an IID and driving with it for 6 months.
As covered in a previous blog, an Ignition Interlock Device (IID) is a breathalyzer you must use to start the car. If installed onto the steering column of your car, the car will not start if you have alcohol on your breath. The cost is about $3 a day. For a 2nd, 3rd, and other subsequent DUIs, an IID becomes mandatory for set periods of time.
If this is your first offense, a diversion program might be a fit under the right set of circumstances. But even if you did not qualify — and even if this is not your first DUI — there is still hope for your case. As covered in a previous blog, many counties have their own DUI court and have county-specific eligibility requirements for programs with their own focus on rehabilitation.
In Fresno County, for example, if the offense is a third DUI arrest within 10 years, a defendant can qualify for DUI court and a related rehabilitative program that ultimately benefits them. Remember — a criminal charge doesn’t make you a criminal — and sometimes these moments can be the driving force behind making a positive change in your life moving forward.
SECURE YOUR BEST CHANCE FOR A SECOND CHANCE WITH PROPER DEFENSE
The sooner you talk to us after a DUI arrest, the better, because we can review all reports before going to court and plan the best strategy for your case right away. Even if there are no issues and you clearly cannot fight your case, we will seek to get an offer and plea on the first hearing, saving you the cost of money and time delaying the case with multiple hearings.
The legal process can be stressful and daunting, but it does not have to be. Giving you peace of mind and sound guidance is our promise. At Proper Defense, we will work with you to ensure your case unfolds in the right direction. For a true advocate that you can trust, in a judgment-free zone, contact Proper Defense Law Corporation today. For a FREE consultation in the Fresno area, call (559) 825-3800. You can reach us at our Beverly Hills location by calling (424) 284-4066. You can also schedule an appointment online on our Contact Us page. It gets better with Proper Defense, we promise.
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