Zero Tolerance, The Game Changer

Though not currently the state of the law, the idea of zero tolerance when it comes to DUI enforcement is not that far off. In California, we have already adopted a zero tolerance policy for persons on probation for drunk driving, we can see many changes in the application of this concept in the coming years I am sure.

Societal Misconceptions of DUI

The advent of the crime of driving under the influence has brought with it both good and bad. The good is that we have likely saved hundreds from senseless injury, death and pain due to getting those that are truly impaired off the roadway. The bad is that many folks who are not impaired and are of no risk to the public have been arrested for DUI because of hysteria of drinking and then getting into a motor vehicle. The police are quick (some may say rightfully so) to arrest someone with the mere odor of alcohol on their breath. As a lawyer I have seen many cases where an arrest takes place and later a breath test exonerates the driver with a BAC lower than .05, which is the level at which even the AMA admits a person is not impaired. Society has instilled a belief that having the odor of alcohol on your breath and drivinf is illegal, and MADD has instilled a societal belief that any drinking and driving is a crime. Right or Wrong? What are your thoughts.

Hiring A Lawyer After a DUI Mishap

It is certainly commonsense and should be that those individuals that have the financial resources to retain a specialist in the area of driving under the influence litigation are much more likely to come out above the crowd when going into Court. Being stingy or tight fisted when arrested for a crime is not wise, only a lawyer familiar with the area of criminal law can extricate someone facing criminal prosecution. Do not look for the cheapest lawyer to defend you or your loved ones, spend the money to engage the services of an attorney that is experienced and has the knowledge to get you out of the mess you are in. Incarceration and harsh penalties can be avoided if the proper choices are made in a cool and logical manner. Conversely, those that are in dire straits financially may not have the choice.

MADD and the new decade

Everyone knows the impact Mothers Against Drunk Driving has had on the enforcement of DUI laws in our country. In the new decade, we will see a greater presence of MADD in every drunk driving sentence imposed. Most Judges are now requiring the attendance of all offenders to a MADD class that is put on by the Organization, instilling the MADD beliefs and principles in every attendee. More to Come.....

Trends in DUI Enforcement-The Blood test at the Scene of arrest

Recently, many DUI attorneys have been seeing an uptick in blood collection at the scene of a DUI arrest as opposed to the blood being collected at the hospital or in a clinic. The concern for many is the safety of the practice and the integrity of the collection system for criminal prosecution. This new trend attempts to do away with the problem of huge delays in blood tests from the time of driving to the time of the test at which time the blood alcohol level might drop or even rise. Stay Tuned for more on this issue.

Are California DUI Laws Too Tough

The answer to this question depends largely upon your views of drinking and whether society should tolerate one to drive with any amount of alcohol in their body. Prosecutors will tell you the laws are there to protect the public, I on the other hand see the tougher laws benefiting only special interests such as insurance companies, DUI schools, Ignition Interlock Companies, just to name a few. As the laws get tougher so to do the financial windfall to those special interests. Something to Ponder?

Thoughts about Letting Multiple DUI Offenders Drive for Work

As a DUI lawyer for well over a decade I have certainly seen the aftermath, death and destruction from DUI accidents and injuries. on the other hand I have seen tough sentencing laws cause great headship on the families of those convicted of DUI. In balance, I believe the law should be tough on you if you continue to commit criminal offenses such as driving while under the influence of alcohol or drugs. However, I also think one should be able to continue to drive to work so that they can be productive members of society. When I say drive, I mean legally drive. This should require an ignition interlock or other safe guards that ensure the driver cannot have any alcohol in their system.