Tag: california dui laws

New DUI Laws for Ignition Interlock Device in 2017

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The new DUI laws for 2017 will extend the current Ignition Interlock Device pilot program created in 2010 in the California counties of Alameda, Los Angeles, Sacramento and Tulare for two more years. Then, beginning January 1, 2019, the IID program will be implemented statewide.

The ignition interlock device pilot program established by the Department of Motor Vehicles continues through July 1, 2017. It was established on July 1, 2010. The existing law governing the ignition interlock device program is “in the Counties of Alameda, Los Angeles, Sacramento, and Tulare that requires, as a condition of being issued a restricted driver’s license, being reissued a driver’s license, or having the privilege to operate a motor vehicle reinstated …a person to install for a specified period of time an ignition interlock device on all vehicles he or she owns or operates.” [1]

California DUI Laws

In California, Vehicle Code §§ 14601.2, 23556, Vehicle Code §§13352(a) and 23575(f)(1) provides that “the court may require that a person convicted of a first DUI offense install a certified ignition interlock device on any vehicle that the person owns or operates and prohibit that person from operating a motor vehicle unless that vehicle is equipped with a functioning, certified ignition interlock device. The court shall give heightened consideration to applying this sanction to a first offense violator with BAC of 0.15 percent or more, or with two or more prior moving traffic violations, or to persons who refused the chemical tests at arrest. If the court orders the ignition interlock device restriction, the term shall be determined by the court for a period not to exceed 3 years from the date of conviction.” [2]

Ignition Interlock Device

What is an Ignition Interlock Device? According to California’s Department of Motor Vehicle website, an Ignition Interlock Device or IID as it is known is, “larger than a cell phone and is wired to your vehicle’s ignition.” It is easily installed in a vehicle and takes only a short period of time to install. It functions by requiring you to breathe into the machine prior to the engine starting. “If the IID detects alcohol on your breath, the engine will not start. As you drive, you are periodically required to provide breath samples to ensure the continued absence of alcohol in your system.” [3]

A new bill, “SB-1046 Driving under the influence: ignition interlock device (2015-2016)” extends the pilot program for the device in the aforementioned counties through January 1, 2019. The amount of time the ignition interlock device is required to be installed in the vehicle(s) corresponds directly with the prior number of convictions.

SB-1046 states that beginning January 1, 2019, (and through January 1, 2026), someone with a suspended license as a result of driving under the influence that is “eligible for a restricted driver’s license without serving any period of the suspension if the person meets all other eligibility requirements and the person installs an ignition interlock device. The bill would authorize that individual to install an ignition interlock device prior to the effective date of the suspension and would require the individual to receive credit towards the mandatory term to install an ignition interlock device, as specified. The bill would require the department to immediately reinstate the suspension of the privilege to operate a motor vehicle upon receipt of notification that a person has engaged in certain activities, including, among others, attempted to remove, bypass, or tamper with the ignition interlock device.” [1]

“This new law is a positive step forward to help slow the revolving door of unlicensed, uninsured drunk drivers who continue driving at the public’s peril,” said David Kelly, Executive Director of CIIM. [4]

California DUI Arrests

Looking for information on what to do if you arrested for a DUI? Read more about California DUI law here.

1.800.NoCuffs experienced DUI lawyer Michael Meehan shares his DUI advise here about the right to remain silent.

SOURCES
1. SB-1046 Driving under the influence: ignition interlock device.(2015-2016) Retrieved on Decembe 29, 2016 via http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB1046.

2. Retrieved on December 29, 2016 via http://www.ncsl.org/research/transportation/state-ignition-interlock-laws.aspx.

3. DMV. State of California. Retrieved on December 29, 2016 via .

4. Coalition of Ignition Interlock Manufacturers. September 28, 2016. “California Governor Brown Signs Ignition Interlock Bill, Praised for Positive Step Forward to Curb Drunk Driving.” Retrieved via http://www.prnewswire.com/news-releases/california-governor-brown-signs-ignition-interlock-bill-praised-for-positive-step-forward-to-curb-drunk-driving-300336253.html.

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California DUI Laws versus Other States – Comparisons

Posted by John Devendorf on

Not all states carry laws as tough as California DUI laws. However, California is not the most strict.

Anyone unfortunate enough to face a conviction of driving under the influence in California is familiar with the harsh the penalties. A first-time DUI in L.A. can mean up to 6 months in jail, fines of up to $1,000 or more, probation, a drug or alcohol education program, an ignition interlock device (IID) installed in your car, and expensive higher insurance premiums. You may think California ranks near the top of U.S. states when it comes to DUI penalties, but according to a recent study, California falls somewhere in the middle.

DUI Rankings for All 50 States

Wallet Hub did a survey of DUI laws in all 50 states and Washington, D.C., ranking states from harshest to most lenient. They considered a number of factors in their analysis, including:

  • minimum jail time for a first offense DUI;
  • number of DUIs before it is considered a felony;
  • look-back period in counting DUIs;
  • higher BAC penalties;
  • fines and fees;
  • enhanced penalties for child endangerment;
  • mandatory IID installation;
  • administrative license suspension period;
  • alcohol and drug abuse treatment programs;
  • impounding vehicles after a DUI;
  • use of sobriety checkpoints; and
  • increased insurance rates.
Source: WalletHub

Who Came Out on Top

California DUI laws are not as intense as other states. Neighboring Arizona had the strictest DUI laws, with a minimum 10-day jail sentence even for a first offense. Coming down much softer on DUIs are the District of Columbia and South Dakota, where even a second DUI carries no minimum jail sentence.

California ranked 34th when it came to strict DUI laws. However, it is not clear whether the survey included the limited use of mandatory IID installation after a first offense DUI. California is testing mandatory IIDs as a pilot program in four counties: Alameda, Los Angeles; Tulare and Sacramento. Lawmakers are considering taking the program statewide.

Understandably, states are following the trend of enacting even stricter laws aimed at drunk driving. Starting July 1st, a new IID law went into effect in Connecticut. Now all first offense DUI convictions require an IID in their car, whereas before it was only for repeat offenders. Now, about half of all states have an IID requirement for a first-time DUI.

A Wisconsin lawmaker proposed a new law. According to Mothers Against Drunk Driving (MADD), the law closes a loophole in the state’s IID requirements. Consequently, it creates a type of license where violating IID requirements is a criminal offense, rather than just a citation. Wisconsin requires IIDs for repeat drunk drivers, those who refuse a chemical test, and for first-time offenders with a BAC of 0.15% or higher.

Washington state is considering strengthening their DUI laws as well. In most states, a third or fourth DUI within the specified look-back period is considered a felony. In Washington, repeat offenders wait until their fifth DUI before they face a felony charge. Due to this, State Senators have introduced a bill that would lower the felony DUI number to the 4th DUI.

Alternative Punishments for DUI

While some state lawmakers, advocates, and groups such as MADD fight for stricter DUI penalties, others are moving towards more preventative measures. California DUI laws now include increasing the use of IIDs after a DUI conviction. This prevents a driver from taking to the road if they don’t blow a clean breath. California may make this move to bring the mandatory IID program to the rest of the state if the pilot program succeeds.

What to do if You Get Arrested for a DUI

If you’re arrested for a DUI, Start Here first.

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California DUI Penalties

Posted by John Devendorf on

California DUI Penalties restrict driving privileges, cost a ton of money, and/or require significant jail time.

Driving under the influence (DUI) is one of the most common crimes committed in the United States. In fact, in 2012, there were over 1.28 million drivers arrested in the United States for DUI; 1 for every 165 licensed drivers in the country. There are so many people arrested annually for DUI, so awareness of potential penalties is very important.

Penalties for DUI Charges

Driving under the influence is a state crime. So, penalties vary from state to state. Compared to other states, California’s DUI penalties carry significant jail time but carry relatively small fines.

DUI Penalty Matrix

In 10 years, this was your… Fine Jail
1st Offense $390 – $1,000 4 days – 6 months*
2nd Offense $390 – $1,000 90 days – 1 year
3rd Offense $390 – $1,000 120 days – 1 year

Note: *At least 2 days of jail time must be continuous, the remaining jail time can be served during time off work. This decision is at the court’s discretion. 

DUI Classes

In addition to fines and jail time, California’s DUI laws require you to take drug or alcohol rehabilitation classes. If the conviction is in Sacramento, Tulare, Los Angeles, or Alameda counties, then an Ignition Interlock Device (IID) is a requirement. The IID is then mandatory for a minimum of 5 months.

DUI classes have different sections for different convictions. Depending on the offense, violators fall into different classes. A conviction of DUI for the first time, second DUI offense, or with a “wet reckless” charge determines which class you take. “Wet reckless” is a term for reckless driving with a measurable blood alcohol content (BAC). These classes take a substantial time period to complete. The class schedule for third-time DUI offenders is a 30-month program, in addition to fines and criminal charges.

These are only the minimum penalties, however. The penalties rapidly increase if other factors play into your arrest. If the arrest involves an exceptionally high BAC, driving with minors in the car, or the damage of another car, the potential risks increase.

Unfortunately, even after you pay fines and complete jail time, the penalties continue. In addition to these penalties, criminal convictions linger on your record. As a result, each additional conviction makes subsequent arrests much worse. This is especially true in California. In California, neither the state’s laws nor state judges look sympathetically on what they see as “repeat offenders.”

Therefore, with all of these penalties in mind, preventing the first conviction is even more important.

Best Attorneys in Los Angeles

One of the best ways to ensure you aren’t convicted for your first DUI in California is to find one of the best, most experienced attorneys in the field of DUI defense in the state.

At the Kavinoky Law Firm, we don’t have just one of the best in Los Angeles; We have an office staffed full of the best attorneys in California. All of our attorneys are well-versed in all matters of criminal law. Their expertise ranges from DUI to murder. Additionally, with offices throughout California, we’re ready to fight for your freedom in any court in the state.

Call us for a free consultation: 1800NOCUFFS

Three Strikes for DUI in California?

Posted by John Devendorf on

People often ask us, is there a Three Strikes Law for DUI in California?

California is famous for a lot of things: The sights at the Golden Gate Bridge, glitz and glamour of Hollywood, delicious coastal wine, the massive stretches of beach, and unfortunately, the antiquated Three Strikes law.

As many Californians know, the Three Strikes Law for DUI sentencing law places offenders behind bars. If a defendant is convicted of a felony, and already has one on record, they face twice the typical prison sentence for that crime. A third conviction results in a mandatory prison sentence of 25 years to life.

Enacted 1994 and adapted in 2012 by Proposition 36, the original law requires 25-life mandatory sentencing for a third felony conviction. This rule applies if the third conviction is considered “serious” or violent.” The Three Strikes Law for DUI is more lenient today. Before Proposition 36, the law required the mandatory sentencing for any third felony offense.  Many people received life imprisonment sentences for significantly less violent crimes, like felony petty theft.

Possibility of the Three Strikes Law for DUI

It’s important to know about the Three Strikes law for DUI in California. It does include DUI convictions. So if you have a felony DUI conviction on your record, or are facing felony DUI conviction today, it is likely you may face of this incredibly harsh sentencing law.

With that said, there are three scenarios that involve a driver under the influence (DUI):

1. Scenario One:Three or more prior DUI convictions in the last 10 years. These three prior offenses can include a combination of DUIs (in any state) and “wet reckless” convictions. Typically a person receives a wet reckless by accepting a plea bargain down from a DUI charge. If you have a collection of three of these offenses on your criminal record, your next DUI arrest will be for felony DUI.

2. Scenario Two: If you are driving drunk and injure other people. Felony DUI charges include those for DUI vehicular manslaughter and DUI second-degree murder.

3. Scenario Three: You are at risk if you have a prior felony DUI on your criminal record. Unfortunately, California is hard on “repeat offenders.” A charge of felony DUI applies to those who already a felony DUI on their record past. History has shown, this happens regardless of the circumstances surrounding your latest DUI arrest. Whether or not the arrest involves accident or injury does not factor into the decision. Nor does the blood alcohol content (BAC) limit.

Defend Your Freedom

California’s Three Strikes law makes it incredibly important to fight against any and all felony charges, or any criminal charges that could possibly lead to a felony charge down the road.

Hiring an experienced DUI attorney in California is the most effective way to defend yourself against DUI charge. Your attorney will argue for your interests both in and out of court. California defense attorney Darren Kavinoky employs the best attorneys in Los Angeles.

If you’re facing DUI or other criminal charges, don’t let them get out of hand. We work 24/7 and stay up so you can rest easy.

Call the Kavinoky Law Firm at 1.800.NO.CUFFS for a free consultation.

Commercial Drivers Held to Higher Standard for DUIs in California

Posted by John Devendorf on

Commercial Drivers are held to a higher standard for DUIs in California. As a commercial driver, a DUI could mean the end of your career.

While under the influence of drugs or alcohol, it is illegal to drive a commercial vehicle. In the State of California, Commercial drivers pose a great threat if not operated properly.

With this in mind, truck drivers and others who operate a vehicle with a CDL (Commercial Driver’s License), have different expectations in the eyes of the law as applied to drunk driving. Since CDL drivers operate machinery that can have a serious threat to the public if mishandled (such as a school bus), the law is more strict.

Two Major Differences

Those with a regular license to drive and those with a Commercial Driver’s License (CDL) face different regulations and consequences if arrested driving while intoxicated.

1. Blood Alcohol Level

In all states, the legal limit for blood alcohol level (BAC) is .08. However, if you are driving a commercial vehicle, the standard is significantly lower at .04. Drivers are more likely to obtain a DUI arrest with a lower BAC standard, as it takes fewer drinks to put you over the legal limit.

2. License Suspensions

In addition to a lower BAC, the State of California views license suspensions differently as well.

A first DUI conviction for driving a non-commercial vehicle results in a 6 month license suspension. A first conviction for driving a commercial vehicle, however, carries a suspension of your commercial license for an entire year. A second DUI conviction for driving a commercial vehicle can lead to a lifetime revocation of your commercial driver’s license.

License Suspension for DUI

A DUI while driving a commercial vehicle can also result in a typical suspension of your non-commercial license as well.

If you have a commercial license and are convicted for DUI while driving a commercial vehicle, your commercial license will be suspended for one year. Your non-commercial license will also be suspended for six months. A subsequent DUI while driving a commercial vehicle will result in a permanent revocation of your commercial license, and a two year suspension of your non-commercial license.

What makes a “Commercial Driver”?

Anyone who operates a commercial vehicle is held to the stricter standards for DUI. A commercial driver drives a “commercial vehicle.” This is a vehicle that requires a Class A or Class B license to drive, or a Class C license with certain endorsements, though does not include recreation vehicles or certain types of farming equipment.

Successful Defense Can Be Critical to Your Livelihood

Needless to say, if you have a commercial driver’s license, you want to keep your ability to earn a livelihood.

A license suspension is not only an inconvenience, it’s a massive life obstacle that prevents you from making any money for yourself or your family.

Successfully defending against a  license suspension, for a commercial driver, is one of the most important things you can do to save your career. Hiring an experienced DUI attorney with knowledge in both criminal and DUI defense can be one of the best decisions you make. Only the best criminal defense attorneys in California work for Kavinoky Law Firm. We defend against DUI charges, and will protect your interests.

Call our law office at 1.800.NO.CUFFS for a free consultation.

Police Officers Entering Bars to Test Driver BAC Levels

Posted by John Devendorf on

Testing your breath for your blood alcohol content (BAC) is something many people have never done.

There are consumer breath test devices which you can buy to test your BAC, some are even available as a keychain. Some bars even have breath test machines, where you put in $1 and get a straw to give a breath test, which will give your BAC results. However, for the great majority of people, a breath test is a rare event. Unfortunately, the BAC test is most commonly only after they a person is stopped by the police on suspicion of driving under the influence.

Know Your Limits – A New Program

A new program by some police departments is aiming to change that, by letting people know what their BAC might be after a few drinks, even when they are not driving home. This “Know Your Limits” program involves police officers taking to the streets around entertainment districts, not for the purpose of finding drunk drivers, but to take their message to people walking out of bars.

The officers contact people coming out of clubs and bars, or even go into the bars, to try and get volunteers for breath testing. People gather to watch as the individual approaches the police officers. Surrounded by people, he or she guesses at their current BAC. Next, they answer whether or not they think they are safe to drive. Then the officer will have the individual submit a breath test with the portable alcohol screening device.

History & Growth of BAC Testing

The rumor is that the test began in Scottsdale, Arizona back in 2010. With this in mind, Huntington Beach Police began a similar “Know Your Limits” educational effort last year. Sergeant Dave Dereszynski said the program fits in with the local bar atmosphere. He says that entire groups of patrons wait in line to see their BAC level. The best part, he says, is the little silver “I know my limits” sticker. More and more departments now have similar programs based on the success of this idea.

Tustin police launched a similar campaign, talking to customer at local bars about their alcohol levels and whether they thought they were over the limit. “If we can just educate those people and put that mindset in someone’s head that, ‘I’ve had too much,’ then maybe they’ll hesitate from getting behind the wheel,” said Sergeant Brian Green of the Tustin Police Department.

Sacramento Police and the Folsom Police Department have recently launched their own Know Your Limit programs. “It’s surprising for most how high their BAC is,” said Lt. Mark Schanrock, a Folsom Police officer. “The detail was a big hit with the patrons and bar staff.”

Full Support from Community

Many customers and even bar employees support of the program, at least publicly. Tyler Roy, a general manager of Baja Sharkeez, a bar in Huntington Beach says he appreciates the program. He notes the officers are friendly and only out to educate. “I think it’s good as far as showing the customers where their intoxication level is,” said Roy.

According to police, the program aims to educate rather than scare the public. After testing their blood alcohol levels, participants receive an information card. The card details information on alcohol consumption and penalties for first time DUIs. They also may provide information on safe rides home, including Uber vouchers.

Know Your Defense

Should you find yourself a first-time BAC client on the side of a road, do not fight your DUI charges alone! Call the top DUI attorneys at The Kavinoky Law Firm. Our Los Angeles DUI defense lawyers are available 24 hours a day, seven days a week. We don’t sleep – so you can.

1.800.NO.CUFFS

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Research Suggests Uber Reduces DUI Deaths

Posted by John Devendorf on

As California lawmakers continue to fight with Uber, the ride-sharing company continues to grow.

Many fans of the app-based services prefer Uber or Lyft over taxis, citing the ease of use, simple payment system, and availability. There are now more options than ever to avoid driving under the influence. These companies note that their services contribute to a decrease in DUI deaths.

Independent Research Proves the Theory

Temple University Study

Now, an independent study from researchers at Temple University appears to back up Uber’s claims. The research paper, titled “Show Me the Way to Go Home: An Empirical Investigation of Ride Sharing and Alcohol Related Motor Vehicle Homicide,” looked at the entry of Uber services along with the rate of alcohol-related motor vehicle homicides. According to their results, the entry of Uber into markets in California between 2009 and 2013 suggests a significant drop in the rate of motor vehicle homicides during that time.

The research, conducted by Temple business professors Brad Greenwood and Sunil Wattal, finds a decrease in drunk driving deaths of between 3.6 to 5.6 percent. The possible reasons for this reduction appears to mirror the reasons behind customer preference of the apps over traditional taxis: cheaper prices and easier access.

MADD Study

Uber makes similar claims about the link between their service and a decrease in drunk driving. However, those claims receive more skepticism. “More Options. Shifting Mindsets. Driving Better Choices,” a study done in conjunction with Mothers Against Drunk Driving (MADD), supports this claim as well. Their report finds that drunk driving crashes fell by 60 per month in California among drivers under 30.

The report indicates that having more options for a ride home is empowering people to make better choices In Miami, Florida, Uber ridership peaks around the same time as peak drunk driving crashes. Pittsburgh shows a peak in ridership around 2 a.m., closing time for bars. Uber also reports a decrease in drunk driving arrests by 10% in Seattle. The reduction follows the introduction of their service in the city. Critics claim thhe car service overstates the correlation.

In addition to analyzing ridership and accident rates, a sample survey in the largest cities operation shows some interesting statistics. It reveals close to 88% of respondents over 21 agree with the statement that Uber has made it easier for them to get home after having too much to drink. Additionally, 78% said their friends are less likely to drink and drive after Uber’s arrival.

Other independent analysis appears to support the idea that after Uber or Lyft come to town, people have more ride options. More ride options apparently lead to a decrease in the amount of drunk driving. Philadelphia notes a similar decrease in DUIs, especially in those under 30 years old after the introduction of rideshare.

Rideshares like Uber Still in Hot Water

Of course, many remain skeptical of such information. Time will show the reality of these claims. In fact, the long term effects of rideshare availability remain uncertain. In the meantime, the car company faces suspension and a $7.3 million dollar fine. They’re facing penalties in California for not turning information over to the California Public Utilities Commission.

The Kavinoky Law Firm

If you find yourself arrested on suspicion of a DUI, don’t fight it alone. Call Darren Kavinoky and his team of DUI lawyers at 1.800.NO.CUFFS. We staff the top DUI attorneys in California and we are here to represent you. Call 24/7. We don’t sleep – so you can.

How to Keep Driving After Your License Gets Suspended for DUI

Posted by John Devendorf on

License suspension is one of the most inconvenient punishments of a DUI conviction.

Additional Punishments for DUI

You face many different penalties if you receive a guilty verdict of driving under the influence (DUI) in California.

These penalties include:

  • suspension of your driver’s license,
  • fines,
  • jail time, and
  • mandatory drug or alcohol rehabilitation classes. While these legal penalties seem overwhelming, they often lead to other problems. These “indirect punishments” are often much worse than the actual legal penalties.

For example, if you get convicted for DUI in California, you will face a 6 month license suspension, if it was your first drunk driving offense. While difficult to deal with on its own, losing your driver’s license for 6 months – especially in such a driving-intense part of the country as California – can lead to other problems, too. If you need to drive to work, like nearly everyone in the state, losing your license can seriously impact your employment. Even if you don’t lose your job, you’ll be facing a difficult 6 months getting to and from work, relying on public transportation, or on friends and family. This can make you stressed, and can create tension in the personal relationships that matter the most.

There are ways to prevent this.

California Restricted Driver’s License

In California, you can get a restricted driver’s license after serving 30 days of your license suspension for your first DUI conviction. This restricted license allows you to drive to, from, and during work, as well as to and from any rehabilitation classes that you’re required to attend as part of your DUI conviction. While this doesn’t mean that you have complete driving privileges, it does take much of the strain off of not being able to drive after a DUI conviction.

Follow These Guidelines following License Suspension:

  • enroll in a rehabilitation program,
  • serve 30 days of your license suspension, and
  • file an SR-22 form, showing that you have insurance.

Once you’ve done this, you can go to a Department of Motor Vehicles (DMV) office and pick up a restricted license after paying the $125 DMV reissue fee.

Sometimes, courts require installation of an Ignition Interlock device in your car. This allows the driver to drive on a restricted license. This device is, essentially, an on-board breathalyzer that requires a breath sample in order to start your car.

Unfortunately, a restricted license punishment not optional in some cases. For example, it is not an option if you refuse to take a breathalyzer at time of arrest for DUI. Additionally, failure to complete your rehabilitation classes also results in your license revocation.

While the restricted license does limit where and when you can drive, it does allow you to get to and from work. This transportation can be the difference between keeping and losing your job. Don’t let a DUI conviction ruin your life. Call the DUI lawyers at The Kavinoky Law Firm. We have the top criminal defense lawyers in Los Angeles.

1.800.NO.CUFFS for a free consultation.

Examining California DUI Penalties

Posted by John Devendorf on

California DUI penalties vary from strict to severe. You are not alone in the fight for your freedom from a DUI conviction. Learn more about the penalties in the state.

A Popular Crime in the U.S.

DUI is one of the most common crimes committed in the United States. In fact, in 2012, over 1.28 million drivers were arrested in the United States for DUI – 1 for every 165 licensed drivers in the country. With so many people arrested for DUI, you really need to be aware of the criminal penalties that you could face for having one too many drinks and deciding against taking a cab home.

Driving under the influence is a state crime, so penalties vary from state to state. Compared to other states, California’s DUI penalties are light on fines, but carry significant jail time:

In 10 years, this was your… Fine Jail
1st Offense $390 – $1,000 4 days – 6 months*
2nd Offense $390 – $1,000 90 days – 1 year
3rd Offense $390 – $1,000 120 days – 1 year

*At least 2 days of jail time must be continuous. The remaining jail time may be during non-working hours, at the court’s discretion

Additional California DUI Penalties

In addition to fines and jail time, California’s DUI laws require you to take drug or alcohol rehabilitation classes. These classes have different sections for those convicted of DUI for the first time, those who were convicted for their second or a subsequent DUI offense, and for those who were convicted of “wet reckless” charges – reckless driving with a measurable blood alcohol content (BAC). California DUI penalties have a range of participation. These classes can take a substantial time period to complete, with three-time DUI offenders having to participate in a 30-month program.

The city of conviction directly affects your penalties. If the conviction occurs in Sacramento, Tulare, Los Angeles, or Alameda counties, things change, and you should consider talking to an experienced Tulare, Los Angeles, Alameda, or Sacramento DUI attorney. These cities require an Ignition Interlock Device (IID) in your car for a minimum of 5 months.

These penalties are only minimums, however. They rapidly increase when other factors interact. Other factors include an exceptionally high BAC or driving with minors in the car. Additionally, if the driver creates an accident with another vehicle, then the courts consider the extend of damage and injuries.

Unfortunately, even after dealing with the fines and jail time associated with the arrest, criminal convictions linger on your record, and can make any subsequent arrest much, much worse. This is especially true in California, where neither the state’s laws nor state judges look sympathetically on what they see as “repeat offenders.” With this in mind, preventing the first conviction becomes all the more important.

Kavinoky Law Firm

One of the best ways to ensure safety from conviction for your first DUI in California is to hire an excellent criminal defense attorney. Specifically, one of the best, most experienced, attorneys in the field of DUI defense in the state.

At the Kavinoky Law Firm, we don’t have just one of the best: We have an office of the best. All of our DUI attorneys have extensive knowledge of all matters of criminal law. Their expertise ranges from DUI cases to murder trials. Additionally, with offices throughout California, we’re ready to fight for your freedom in any court in the state. Call us for a free consultation: 1.800.NO.CUFFS

No Roadside Marijuana DUI Test For Now

Posted by John Devendorf on

A roadside Marijuana DUI test is not something is not part of the standard practices of the California police.

Marijuana Citation for DUI

If, in a routine traffic stop, the police claim they believe you are using marijuana, you can receive a citation. Things that corroborate this belief include the smell of marijuana in the car, blood-shot eyes, or drugs in the car. However, these are all very subjective claims, they don’t prove anything.

The only way for the police to tell whether the driver used drugs is a blood or urine test. Only after sending the tests for analysis will the police or prosecutors have any evidence of drugs in the system. Currently, law enforcement is looking for an easier way to test for the presence of marijuana during a roadside test.

Lawmakers and Roadside Drug Tests

Unfortunately for police, it looks like California law enforcement must continue to wait for now. Tom Lackey, the Republican Assemblyman representing Palmdale, authored an assembly bill to give police officers the tools to do roadside drug tests. Similar to a breathalyzer, which tests blood alcohol levels, portable drug testers are already legal in over a dozen states. However, the Assembly committee rejected adding California to that list.

Lackey’s bill did not even get enough support to advance out of the Assembly Public Safety Committee. It was rejected 2-to-1, with 4 Democrats abstaining. Not surprisingly, law enforcement organizations supported the bill. However, the Drug Policy Alliance and defense attorneys opposed the bill. Lackey called the defeat “a setback for roadway safety.”

For now, police officers will be limited to breathalyzer testing for alcohol only. But with so many problems with the accuracy of roadside breathalyzers, would preliminary marijuana screening devices be any more accurate? Preliminary Alcohol Screening devices are nowhere near 100% accurate. They have to be regularly checked for accuracy every 10 days, or 150 tests. Even then, they have a margin of error, and there are many things other than alcohol that can register false-positives.

Downside of a Roadside Marijuana DUI Test

One of the primary problems with a Marijuana DUI Test is that someone can test positive for certain tests days or weeks after using. This means, well after any effects of the marijuana dissipate, a person tests positive. However, devices such as the Alere DDS2 claim to detect marijuana within 2 to 3 hours of use, and also detect cocaine and methamphetamine. However, others are concerned that the detection of THC in the body does not correlate with the impairment of a marijuana user. A cannabis dispensary owner, Lanette Davies, is concerned that, “this is just another way of having zero tolerance for people with THC in their system.”

Legalization of Marijuana

California may soon be considering legalizing recreational marijuana. Similar to Colorado and Washington, it appears California may enact recreational policies. With recreational use of marijuana legalized, police expect to see an increase of drivers operating under the influence of marijuana. This, in turn, may drive the demand for roadside drug tests. Assemblyman Lackey announced he plans to reintroduce the bill next year.

Hire Help

Although there is no Marijuana DUI Test for now, you still are at risk if you drive under the influence. If you’re arrested for driving under the influence, call The Kavinoky Law Firm at 1.800.NO.CUFFS right away. We hire only the best to provide you the best defense possible. Don’t let a DUI ruin your life, let us help you get your life back. Call 24/7 – we don’t sleep – so you can.