Tag: DUI

Utah Governor Gary Herbert Officially Signs HB155, Lowering Utah’s Legal Limit to .05

Posted by Staff on March 24, 2017

Utah Governor Gary Herbert has signed HB155, making Utah the first state to lower its legal BAC to under 0.08. This comes as a shocking move to those in Utah and has been met with heavy opposition by citizens and researchers.Researchers and citizens do not feel that the new legal limit will do much to make the roads safer. According to Fox News, 3,818 phone calls, emails, and letters of opposition have been received asking for the .05 limit to be vetoed, citing the targeting of innocent citizens as a major concern. Researchers from the American Beverage Institute have found that 77% of alcohol-related traffic fatalities in Utah come from high-BAC and repeat offenders. This has prompted the ABI to release a statement urging Governor Herbert to veto the bill and instead implement a 24/7 Sobriety Program that targets repeat offenders and those with high-BAC.

Criminal Defense Attorney Darren Kavinoky believes the new law could take citizens who were “driving legally before this legislation and turn them into a convicted criminal, with all the direct and indirect consequences that come from that.”

Kavinoky is not shocked that restaurants and bars are concerned, citing reaching a .05 after “just a single drink” as a major possibility. Kavinoky believes the new law could “have a huge, chilling effect on business, and in the case of Utah, where tourism is a significant revenue source, could mean disastrous results.”

“There’s little debate over the notion that everyone wants to drive on safe roads. At the same time, I would be surprised if ‘Joe or Jane Citizen’ didn’t rebel against the idea of lowering the legal limit yet again.

There’s always a tension between the rights of the individual versus the interest of the government in enacting laws that preserve the safety of its citizens. In this case, Utah appears to have tipped the scales against long-held notions of personal liberty and freedom. This could backfire significantly.

“There is definitely a trend in the lowering of the legal limit,” Kavinoky believes, “in California DUI cases, for example, the legal limit for those people 21 and older used to be
.15, then it became .10, and then it was lowered to .08. When certain states held out on dropping from .10 to .08, the federal government threatened to withhold funding to get them into line. Those changes weren’t driven by science or safety, but by politics.”

Governor Herbert claims the newly passed law “does not target drinking” but rather makes for “good public policy”. Only time will tell how effective the new policy will be.

References: http://fox13now.com/2017/03/23/utahs-governor-says-he-will-sign-bill-lowering-dui-level-to-05-the-lowest-in-the-nation/

http://www.responsiblelimits.com

Southern California’s Privatized Jails are Garnering Serious Attention

Posted by Staff on March 13, 2017

“Southern California’s Criminal Law pay-to-stay jail programs are now garnering serious attention” says Criminal Defense Lawyer Darren Kavinoky, founder of 1800NoCuffs.

Convicted criminals can reserve their spot in a Southern California private jail for as little as $25/night. This has sparked controversy over what the LA Times calls a “two-tiered justice system” that allows those convicted of serious crimes to “buy their way into safer and more comfortable jails”.

On average, 87% of pay-to-stay tenants are non-violent offenders, largely California DUI arrests. The other 13% includes those convicted of violence, threats of violence, or sex crimes according to data collected by the LA Times and the Marshall Group.

Private jails have their tenants’ full support. Those occupying and running the private jails have claimed that the private jails provide a safe alternative to county jail, a place where the young, old, rich, and famous are susceptible to mental and physical abuse.

Shane Sparks, a hip-hop choreographer convicted for sexual intercourse with a minor under the age of 16, compared his time spent in jail to a “retreat”. Amenities in the cells include flat-screen TVs, new beds, choice of bedding, and freedom to go to work while being incarcerated.

“While this may seem offensive on its face, the truth is that many criminal defenders are ‘soft,’ meaning that putting them into Los Angeles or Orange County Jail would subject them to all manners of physical, psychological, and emotional trauma. The truth is that our criminal recidivism rates are ridiculous, about 70% depending on who’s study you read. Unless someone goes into a jail environment determined to use it as an opportunity to turn their life around, all we are doing is sending people to a graduate school for crime” says `Darren Kavinoky.

Victims have heavily scrutinized the pay-to-stay options claiming a lack of rehabilitation due to the aforementioned trauma factor being eliminated.

Upon finding out his assailant would be attending private jail due to being “afraid of the general population”, Tanner Mester, a stabbing victim, called these fears “part of jail” and “what makes you not want to go back”.

Multiple victims have stepped up to speak out against the pay-to-stay option for violent criminals, mainly siding with Mester, citing a lack of rehabilitation. Kavinoky adds that “County jail is both for people who have been convicted of misdemeanor crimes and for all people who are awaiting trial for all types of crimes from murder to sidewalk spitting. This means we’re taking someone who’s been pulled over for 1^st offense DUI and housing them with someone who’s been charged with murder. Expecting someone who has been pulled for 1^st offense DUI to come out ‘new and improved’ in this instance is simply wrong. It’s like rearranging the deck chairs on a ship called the ‘Titanic’. You can feng shui those deck chairs all you want but if you don’t deal with your iceberg problem that ship is going down.”

References: http://www.latimes.com/projects/la-me-pay-to-stay-jails/#nt=oft09a-6gp1

Blood Alcohol Content Monitoring Devices and Junk Science

Posted by Staff on January 30, 2017

Blood Alcohol Monitoring

The latest tech blood alcohol content monitoring device is a wearable that Yahoo reports “from Milo Sensors can let you know when you’ve had one too many.” [1] The high-tech watch works by measuring the alcohol level in your perspiration.

1.800.NoCuffs Founding Attorney Darren Kavinoky says, “There’s already so much ‘junk science’ in the world of DUI enforcement that I’m skeptical of yet one more thing that doesn’t meet the scientific rigor we require in the court system. That said, as someone who is a proponent of anything that empowers people to have greater clarity in all of their personal decision making, anything that serves that end is worth considering, as a directional signal if nothing else.”

The cartridges inside the wrist wearable that allegedly reads your BAC (Blood Alcohol Content) need to be replaced every 12 hours and are disposable. This could be a drawback since remembering to refill or refresh the cartridge for accurate blood alcohol content monitoring could lead to user error.

The wearable device connects to an app on your phone that claims to tell you at what time you will sober up. “This potentially exposes the manufacturing company to liability,” says Kavinoky. “If I am a plaintiff’s attorney, and my client has been injured by or from driving under the influence when they were told by the wearable’s app they were sober, there’s no question I would file a case against the manufacturer. If the app says someone is good to drive after “X” number of hours and following that advice leads to someone being injured, as a plaintiff’s attorney, I would have a strong case against the maker of the app. Regardless of any disclaimers, personal injury attorneys tend to follow the, ‘sue them all and let G*d sort it out’ mentality and go after the deepest pockets.”

One feature that could be helpful on the phone app is the ability to send message notifications to your trusted friends, designated driver, and family members when your BAC rises. One could imagine many different circumstances in which this could be helpful.

Sources
1. Retrieved via Yahoo on January 30, 2017 via “Wristband monitors your blood alcohol content while you drink” https://www.yahoo.com/tech/wristband-monitors-blood-alcohol-content-201325865.html

Alabama Assistant Football Coach DUI Arrest Meaning

Posted by Staff on January 30, 2017

Alabama’s assistant football coach Josh Chapman is likely to feel harsh consequences and realize the DUI arrest meaning in the upcoming days. Josh Chapman, the former Alabama player, was arrested on Sunday morning January 29, 2017, in Tuscaloosa. [1]

DUI Arrest Meaning

Chapman’s arrest is a reminder that a DUI arrest can mean fines, jail time, loss of driver’s license, loss of job, and loss of professional licenses. With the biggest game of the season, the Super Bowl, yet to come, NHTSA reminds the nation that, “Every day, 28 people in the United States die in an alcohol-related vehicle crash—that’s one person every 53 minutes.” [2]

In 2015, there were 10,265 deaths from crashes that involved alcohol impairment.

A Note from Darren Kavinoky

As I have said before, the week after Super Bowl Sunday is a busy time for our criminal defense law firm.

When I was a little kid and it was Thanksgiving, my mom would put a turkey in the oven with a big bright orange button on the side that you pushed down before you stuck the turkey in the oven. You knew the turkey was all cooked when that orange button would pop up. People don’t have those buttons that tell us when we are “cooked.” We don’t have anything that tells us, “Uh-oh. You’ve reached that magic limit so, therefore you shouldn’t be behind the wheel.”

The bottom line is that if you are drinking, you are in a compromised position to judge your own condition. This can lead to a DUI arrest, and as Alabama’s Josh Chapman is likely about to realize, a domino effect of consequences.

Sources
1. Matt Zenitz. January 29, 2017. “Former Alabama standout, current Tide staffer Josh Chapman arrested.” Retrieved via http://www.al.com/alabamafootball/index.ssf/2017/01/member_of_alabama_football_sta.html

2. NHTSA retrieved on January 30, 2017 via .

UO Assistant Football Coach May Feel Domino Effect of DUI

Posted by Staff on January 23, 2017

The “Domino Effect” of DUI appears to be playing out in Oregon. David Reaves, the University of Oregon assistant football coach, was arrested on Saturday, January 22, 2017, on DUI charges sources say. “A spokesman for the university said Reaves has been placed on administrative leave, and the process to terminate his employment has started.” [1]

Legal Analysis by Attorney Darren Kavinoky

Unfortunately, the loss of a job is an all too common domino effect of a DUI arrest. Even before a jury has heard the case, the court of public opinion speaks and individuals arrested on charges of DUI start to experience a quick and harsh fallout. Remember, a DUI charge doesn’t equal an automatic conviction.

Sadly, there is a lot of junk science and user operator error that makes breath tests and blood tests inaccurate. My team has seen hundreds of cases dismissed because the individual arrested was not actually at or above the legal limit at the time of driving or arrest. Some examples of issues we’ve encountered are testing machines that aren’t calibrated properly, people who for medical reasons are not a candidate for roadside gymnastics or a breath test, blood samples that are mishandled, and even outside chemicals in the air that the machine can detect as alcohol like certain cleaning solutions that give skewed and bad results.
[tweet_box design=”default” float=”none” inject=”via @DarrenKavinoky”]”It’s possible for you to remove your own appendix but that doesn’t mean it’s a good idea!”[/tweet_box]

If you are arrested for a DUI and don’t immediately hire an experienced criminal defense lawyer with a proven track record of winning, aside from facing fines and jail time, you risk losing your driver’s license, a number of professional licenses, and your job. And if the DUI leads to you being let go from a job or jail time it can have devastating effects on the financial security of your home and family life. This is what we at 1.800.NoCuffs call the “Domino Effect.”

Choosing a lawyer who will fight your DUI charge is one of the most important decisions you’ll ever make. When people ask me if it’s possible that they can defend themselves, my standard reply is, “It’s possible for you to remove your own appendix but that doesn’t mean it’s a good idea!”

If you want to avoid the “Domino Effect” of a DUI, hire a criminal defense attorney right away. Look for someone with years of experience, memberships in professional organizations, specialized training, a track record of success and team with the expertise and know how to prove the junk science wrong.

For more information click to watch the video below:

Domino Effect of DUI

Sources
1. Staff. January 22, 2017. KOIN 6. “UO assistant football coach charged with DUI, to be fired.” .

Is a DUI a Felony? Criminal Defense Attorney Darren Kavinoky Answers

Posted by Staff on January 12, 2017

Is a DUI a felony? It’s a top question the legal team at 1.800.NoCuffs receives. Criminal defense lawyer and TV legal analyst Darren Kavinoky answers the question explaining that a DUI could be prosecuted as a felony or a misdemeanor.

Legal Answer by Attorney Darren Kavinoky
Under California DUI law, a drunk driving arrest could be prosecuted as a felony, or a misdemeanor, depending on the facts of the case, and the criminal history of the defendant.

Two quick definitions that are important for a full understanding of the issue:

A misdemeanor is any crime (including a DUI) for which the maximum possible punishment is one year in jail;
A felony is a crime that could be punished by a possible prison term of more than one year.

So, while it’s true that a misdemeanor is, by definition, a “lesser offense” than a felony, as anyone looking at any kind of jail term will tell you, even a day behind bars is something to take seriously.

Is a DUI a felony?

With that in mind, California DUI’s are generally misdemeanors, but can be made into felonies in one of three ways:

The defendant has three prior DUI (or wet-reckless) convictions, and it is now their fourth DUI arrest (or more) within a ten (10) year period, as calculated from arrest date to arrest date; OR
Regardless of whether there are prior convictions or not, someone other than the driver is injured as the result of the DUI, (and those injuries are more than trivial, generally ones that require medical help or treatment); OR
Regardless of the number of convictions, the defendant has suffered a prior felony DUI conviction; once that happens, the new DUI case is a felony, even if it isn’t a fourth offense and no one is injured.

Each of these categories raises dozens of separate issues and defenses that are the subject of other articles on our site. But the last category – suffering a prior felony DUI conviction – is especially tricky, and sadly I even know some lawyers that were unaware of this issue until it hurt their clients.

Here’s how this could play out: Let’s say that, hypothetically, eight years ago you were convicted of a first-offense felony DUI because you were involved in a one-car accident where your friend, a passenger was injured, say, requiring a few stitches as a result. Now, in your current case, you simply had the bad luck to pull into a sobriety checkpoint and give a breath test of .08.

Even though this new case would ordinarily be treated as a “plain vanilla” DUI case (albeit a second-offense, because it is within 10 years of the first), because in our hypothetical situation the prior conviction was a felony, the new case will also be a felony.

The other ways that DUI-related cases can be felonies are in those especially tragic situations where a death occurs. It may be possible to bring charges of gross vehicular manslaughter while intoxicated, or even murder, both of which are felonies (California Penal Code sections 191.5 and 187, respectively).

DUI laws in California and the sentencing related to DUI offenses are very complex. The unique facts of each case make it vital that you consult with a criminal defense attorney who knows the nuances and the vast array of the drinking and driving offenses, and possible sentencing and alternative sentencing opportunities that relate. We hope that this information is helpful, and invite you to call anytime if you have further questions. We can be reached 24/7/365 at our toll-free phone number 1-800-NoCuffs.

DUI Case Dismissed: A Case Study From DUI Arrest To Acquittal

Posted by Staff on January 10, 2017

“DUI Case Dismissed.” [Insert gavel sound.] That’s a judgment many people think is impossible to obtain. Most people assume that if you are arrested on charges of DUI it is an automatic conviction. But in reality, there are dozens of ways to apply the law, prove innocence, or argue mitigating factors that appropriately reduce charges, fines, or potential sentencing. At 1.800.NoCuffs, we’ve seen everything from false arrests to faulty junk science that leads to false BAC readings. We realize that some people who are arrested for DUI can benefit from addiction recovery services and we happily provide referrals to treatment centers like Luminance. We also know that there are times when dolphins get caught in the tuna net. Below is an actual 1.800.NoCuffs client result.

DUI Case Dismissed Example

Don’t believe your DUI charge can be dismissed? Consider this alleged weaving case that led to a DUI arrest. Recently a case came through 1.800.NoCuffs in which a client was stopped on suspicion of DUI after being followed by a police officer for only 5 seconds. (This fact was not in dispute.) The officer pulled the client over for weaving. In that five seconds, the driver could have been looking to change lanes, drinking a sip of water, or swerving to avoid a pothole. There are certain requirements that have to be met by the arresting officer which were not met in this case. With ease, the 1.800.NoCuffs attorney obtained a set aside in court, (meaning the client won the case and was not convicted of DUI).

Why was the client’s DUI case dismissed?
The client’s BAC evidence was obtained illegally because 5 seconds is not enough time to follow someone to create probable cause to pull them over. Explains 1.800.NoCuffs criminal defense attorney Darren Kavinoky, “There’s a three prong test for weaving. It’s got to be:

1. distinct or pronounced weaving
2. viewed over a substantial period of time
3. by a trained officer.

Those are the three different prongs. If any one of the prongs is missing then the evidence is capable of being suppressed. Any evidence that follows a stop that doesn’t satisfy that three prong test is fruit of the poisonous tree. It has to be suppressed and it can’t be used against a person. Any evidence that is derived from the poisoned evidence has to be thrown out. So in the case of a bad stop, if somebody’s pulled over for weaving, but it was a bad stop, all of the officer’s observations, all of the statements of the defendant, and all of the chemical test results have to be thrown out. So what are they left with? Nothing. Case dismissed.”

How to clear DUI record of a DUI Arrest

Next, we ask celebrity attorney Darren Kavinoky what happens when someone who is found not guilty of DUI, wins a set aside in court, or charges are dropped altogether. How do they clear their name? What are the advantages and limitations of an expungement? Read about how to clear DUI record and DMV record here.

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1800NoCuffs California Legal Guide Free eBook

How To Clear DUI Record After DUI Case Is Dismissed Or Expunged

Posted by Staff on January 10, 2017

Wondering how to clear DUI record after your DUI case is dismissed or expunged? After you win your case, what happens when someone is found not guilty of DUI, wins a set aside in court, or DUI charges are dropped altogether? How do they clear their arrest record? What effect does an expungement have?

If you’ve been arrested for DUI, every detail of your arrest, including your mugshot, are instantly made public. The world of social media and online publishing of mugshots makes it especially challenging today for the innocent to clear their records of false arrest or post-DUI arrest in particular. It’s tantamount to trying to put the genie back in the bottle. Even if you are cleared of the crime, your clean record may still pay a price. [Read a recent 1.800.NoCuffs actual client DUI Case Dismissed result here.]

How to clear your record of a DUI Arrest

We asked celebrity criminal defense attorney and founder of 1.800.NoCuffs Darren Kavinoky what happens when someone who is found not guilty of DUI, wins a set aside in court, or charges are dropped altogether. How do they clear their name? Do they still have to check yes in the “have you ever been arrested” box? What happens at the DMV with your driving record? What is an expungement? Can you send a cease and desist claim to a news outlet or website demanding they remove your “mug” shot?

[Download the 1.800.NoCuffs California Legal Guide Free eBook here.]

Q&A With Darren Kavinoky

QUESTION: In a DUI case, is a set aside a win?

DARREN: “In the world of the DMV, a set aside means we win in a DUI case. In the world of the court, we would take the same bad stock fruit of the poisonous tree and that would be the grounds or the basis for a motion to suppress evidence under Penal Code Section 1538.5.”

QUESTION: Then is your record cleared if the DUI case is dismissed? Or does it sit on your record?

DARREN: “Yes, it actually shows up that you were arrested unless you get a finding of factual innocence under Penal Code Section 851.8. Once somebody is arrested unless that is deemed to be a detention only or there is some other relief that is granted such as under Penal Code Section 851.8, it’s forever on your record. Most people assume that if you’re arrested but not convicted, you’re cool. The truth is that if you’re arrested and not convicted and you don’t take some affirmative steps to clean that up, then in some cases it will show up. For instance, if you’re in a position that requires a security clearance or the department of real estate is doing a background check because you want to be a broker or whatever job you’re looking to get, any of those kinds of circumstances, it will show up.”

QUESTION: Do you have to report “Yes, I’ve been arrested” on those applications? Is this different than an expungement?

DARREN: “Correct. An expungement would show that the conviction has been withdrawn and a judgment of not guilty entered and the complaint against you dismissed. As a matter of fact, on an expungement, typically you can truthfully check the box “No” on the “Have you been arrested” question after the expungement. There are exceptions to that and they are outlined in Penal Code Section 1203.4 themselves. The exceptions are if you are applying for state licensure, the conviction that was expunged would still have to be disclosed. If you are applying for a job as a peace officer, it still has to be disclosed. If you’re entering into a contract with the California State Lottery Commission it has to be disclosed. Look at Penal Code Section 1203.4 and it gives you these exceptions.”

QUESTION: Does it stay a point on your record with the DMV?

DARREN: “No. You do not get points on the DMV unless you are convicted of something. But if you are convicted of a DUI and then you get it expunged, the expungement does not erase the points. The points will stay on your record.”

QUESTION: Does an expungement clear your record forever?

DARREN: “Even if you expunge a DUI, DUI’s remember are priorable for a period of 10 (ten) years, so let’s say you get arrested for DUI and you are placed on probation for 3 (three) years, and then you get it successfully expunged. Two more years go by and you get arrested for DUI again. That expunged DUI will be revived legally, and your new DUI arrest will be your 2nd offense. So an expungement isn’t a permanent eraser but is hugely important primarily for people who are in a licensed profession. Their license can get horribly mangled or they will be professionally disciplined based on the arrest and the conviction.”

QUESTION: Today there are dozens of websites where mugshots and arrest records with the date of birth and other personal details are made public nearly instantly. Do you have a recourse if you are found innocent? Can you get your mugshot deleted?

DARREN: “You can under Penal Code 851.8, it is a finding of factual innocence, which will result in the sealing and destruction of all records relating to your arrest. If you get the relief under 851.8, it’s as if the arrest never occurred and everybody has to update their records. The law enforcement agency actually has to shred your reports, your booking photo goes away, it is gone. Now if somebody has put that out on the internet, and you’ve got this court order, I would feel comfortable as a lawyer enforcing that court order and telling that person, “Hey website owner, you better take this down or you’re going to be in violation of this lawful court order and get ready to be sued.”

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For more information on 1.800.NoCuffs founding attorney Darren Kavinoky, please visit:
https://www.darrenkavinoky.com
http://www.twitter.com/DarrenKavinoky
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Utah Aims To Lower DUI Limit to .05 Percent

Posted by Staff on January 6, 2017

A state lawmaker in Utah is trying to lower the blood-alcohol content DUI limit for driving regulation DUI laws to .05 percent. 1.800.NoCuffs founding criminal defense attorney Darren Kavinoky predicts “the food, beverage and restaurant interests are so powerful” that it will be ultimately rejected. [1]

DUI Drinking Legal Limit

“The notion of lowering the legal limit for DUI charges isn’t new, and it’s a something we can expect to see more of,” says criminal defense and DUI defense lawyer Darren Kavinoky.

“In fact, the legal DUI limit for drinking and driving cases used to be .15 then was lowered to .10, and then again to .08. And when certain states resisted lowering from .10 to .08, the federal government threatened to withhold critical highway funds until and unless those states complied. So there is a great deal of legal precedent in support of this trend towards lowering the limit,” explains Kavinoky.

“That said, it’s difficult to envision going below that level, or all the way to ‘zero tolerance’ for several reasons,” Kavinoky adds. “First, studies performed by NHTSA and others suggest that people aren’t impaired for purposes of driving below .08. and especially below .05.” [View the 1.800.NoCuffs Alcohol Absorption Infographic here.]

“Next, at some point, the citizens will resist the notion that they can’t enjoy a glass of wine or a beer with dinner, and drive afterward. It just smacks into the notions of freedom of choice that this country was founded upon. Finally, the food, beverage, and restaurant interests are so powerful that I predict they will tap into those notions of freedom, and the financial impact of no longer being able to serve a significant population, that attempts to go lower still will be rejected,” forecasts Kavinoky.

Ignition Interlock Device

“The technology is available now to ensure that every driver is alcohol free, whether that be by way of steering wheels capable of testing skin for the emission of alcohol molecules through the hands, or ignition interlock devices that require the driver to blow into them to prove they are alcohol-free or the car won’t start. As much as everyone, myself included, wants to drive on roads that are safe, there are notions of individual liberty and personal freedom with which modern-day prohibitionists are certain to collide.”

SOURCES
1. AP. January 3, 2017. CBS Sacramento. Retrieved via http://sacramento.cbslocal.com/2017/01/03/utah-considers-dropping-dui-threshold-to-05/.

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New Year’s Eve DUI Checkpoints in California

Posted by Staff on December 29, 2016

New Year’s Eve brings out the celebration, champagne, and the DUI checkpoints in California. If you want to avoid a DUI arrest, it will be best to plan ahead and designate a sober driver. However, even with the best-laid plans, and as we saw recently in California with the overly caffeinated driver being arrested for DUI, a very sober driver can be arrested for driving under the influence. [1,2] And as we have seen first hand at 1.800.NoCuffs, dolphins do get caught in the tuna net.

On the subject of DUI arrests, 1.800.NoCuffs Founding Attorney Darren Kavinoky says, “A DUI charge can potentially impact anyone who has taken anything that impacts them from the neck up, whether prescribed or not, legal or illegal.” Kavinoky adds, “The only question is whether the person who consumed the substance is able to drive with the caution characteristic of a sober person, under similar circumstances. An excessive amount of caffeine is a ridiculous example, but not shocking, especially if someone is hypersensitive to the impact of caffeine on their system.”

DUI Checkpoints New Year’s Eve 2017 in California

Current news articles about DUI checkpoints over the New Year’s Eve holiday (this article may be updated as news releases occur):

DUI Checkpoint in Santa Maria – Public News – Santa Barbara Edhat https://www.edhat.com/site/tidbit.cfm?nid=179351
Police to hold DUI checkpoint Friday in Vallejo http://www.timesheraldonline.com/general-news/20161228/police-to-hold-dui-checkpoint-friday-in-vallejo
Richmond police to conduct DUI checkpoint Friday
New Year’s DUI cops plan to be out in force in Sonoma County http://www.petaluma360.com/news/6484834-181/new-years-dui-cops-plan

There are general resources that try to provide current up to date information about locations of DUI Checkpoints in California. 1.800.NoCuffs has no affiliation whatsoever to these sites.

http://www.nixle.com/
http://patch.com/
https://www.facebook.com/California.DUI.Checkpoints

http://www.duiblock.com/dui_checkpoint_locations/california/

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.

Are DUI Checkpoints Legal?

While there are currently twelve states that do not conduct sobriety checkpoints because their state laws don’t allow for them, California does legally have the authority to conduct checkpoints with the goal of eradicating drunk driving. “The U.S. Supreme Court ruled in 1990 that states had a compelling interest in eradicating drunk driving, and that public safety concerns outweighed any concerns about ‘intrusion’ into drivers’ privacy. The challengers in the case had claimed that these checkpoints were unreasonable searches under the 4th Amendment, but the Court found them reasonable under the circumstances.” [3]

SOURCES
1. Aparminder DEO and John Torres, M.D. December 29, 2016. wrcbtv.com. Retrieved via http://www.wrcbtv.com/story/34148057/4-things-to-know-about-caffeine-the-surprising-substance-behind-a-california-mans-dui.

2. Staff. Fox News.com.

3. Retrieved on December 2, 2016 via http://dui.findlaw.com/dui-arrests/dui-checkpoints.html.

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