Tag: DUI Checkpoint

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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For more information on 1.800.NoCuffs founding attorney Darren Kavinoky, please visit:
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Commercial Drivers Held to Higher Standard for DUIs in California

Posted by John Devendorf on January 29, 2016

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 January 8, 2016

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

Navigating Boating Under the Influence Laws

Posted by Darren Kavinoky on June 16, 2015

Boating under the influence laws are strictly enforced, and are especially pertinent the summer months.

Summer pretty much translates to water time. Whether it’s a boat ride around the lake, hanging at the beach or water skiing, usually summer conjures up the images of beautiful views, the sounds of splashing of water, and the smell of sunscreen.

Boating and Drinking Don’t Mix

What you normally don’t think of, as part of this picture, is the sounds of handcuffs, the smell of a jail cell, or the visual of red and blue lights rolling up behind you. Sorry to ruin the picture, but I gotta warn you. Its not all fun in the sun out their on the waters.

Law enforcement has made it a new priority to enforce boating under the influence with the same fervor and crack down as they have driving under the influence. That’s right, the same tough DUI enforcement that takes place on the roads will now hit the water. Welcome to Operation Dry Water.

Operation Dry Water

Operation Dry Water launched in 2009 by the National Association of State Boating Law Administrators with the U. S. Coast Guard, with the goal to bring awareness and education to recreational boaters about the dangers of alcohol and drug use while out on the water. According to the U.S. Coast Guard, alcohol is the primary contributing factor in recreational boating fatalities.

While not mandated, law enforcement agencies have chosen to participate in Operation Dry Water, lending credibility to the concern that Boating Under the Influence (BUI) is a real problem. Here in Los Angeles, the Sheriffs Department at Castaic/Pyramid Lakes and Marina del Rey; the Los Angeles Port Police; and U.S. Coast Guard are participating in the program. June 26 to 28, 2015 has been designated as the Operation Dry Water heightened enforcement weekend. But know law enforcement says outreach and awareness of BUI is year-round and added enforcement will include holiday weekends. So think of all the attention that normally accompanies DUI checkpoints on the road, that same idea has rolled out on water.

Boating Under the Influence Laws

Just so we are all clear: it is illegal to Boat Under the Influence. The California Harbors and Navigation Code is the law on the water. It is not as stringent as the law on the land and often people get confused. The one break you get on water that you don’t get on land is that open containers are fair game. But make no mistake about it, operating a boat under the influence is just as illegal as driving a vehicle under the influence of drugs or alcohol.

The law recognizes that boating under the influence can be just as and even many times more dangerous than driving under the influence of drugs or alcohol. People drive every day and are well practiced at it. When it comes to boating however, many people might drive a boat a couple times a year. Such a person is far from an expert boat driver. For that same person to be drunk and boating is extremely dangerous.

Roads vs. Water

Another important distinction between driving and boating is that driving takes place most commonly on roads that are fairly wide and stable. Boating often takes place out in the ocean where the tides and winds can change in an instant. If a person is under the influence, they will not be fast enough to respond properly to the changing circumstances. In fact, statistics from the United States Coast Guard show that in boating deaths involving alcohol use, over half the victims capsized their own boats and/or fell overboard.

Furthermore, boats, by their very nature, are inferior to cars in their ability to steer and to brake. Given that the typical boat operator spends only a few days a year on the water, they are typically not expert at handling the different problems that boaters encounter from time to time. When the hot sun and alcohol have had their say, an impaired person at the helm of a boat may be in bad shape and will be putting everyone aboard and nearby in danger.

Rules & Regulations

Under the Harbors and Navigation Code there are several laws that regulate boating and drinking. The boating under the influence laws are very similar to the driving and drinking laws. Harbors and Navigation Code 655b states that you may not operate a

boat,
water skis,
an aquaplane, or
any similar equipment (such as a jet ski),

while under the influence of alcohol and/or drugs.

Being under the influence is defined as having a blood alcohol content (BAC) of .08 percent for a recreational vessel and .04 percent for a commercial craft. The statute sets a zero-tolerance policy for watercraft such as aquaplanes and water skis and for boaters under the age of 21. The zero-tolerance policy means that any trace of alcohol is illegal when operating these types of watercraft.

BUI Penalties

DUI and BUI cases are similar in prosecution. Additionally, while the penalties vary, it is only a slight variation. Under the BUI laws, you can still face fines, possible jail time and alcohol education classes. The one distinction is in the length of time priors can be used to enhance your sentence. Instead of the priorability time being ten years, as in DUI cases, priors only enhance a BUI when the DUI or BUI was committed within the last seven years prior to the offense.

Also, unlike a DUI conviction, the California DMV will not revoke or suspend your driver’s license following a BUI conviction.

Fighting a BUI

It is ‘per se’ under the influence if you are operating a watercraft in California and your blood-alcohol content is above a .08%. Keep in mind, you can still receive a BUI dependent on the officer in charge. An officer’s determination that you are “under the influence” is very important. This is true even if your actual blood alcohol content is lower than that percentage.

Let’s assume the scenario above when an officer comes on board for that safety check, the next thing you know he smells alcohol on your breath, decides to do field sobriety tests, and boom next thing you know he determines that you impaired and unable to operate the boat. You may be at risk for arrest based on California’s boating under the influence laws.

Defensible Cases

These cases can be defensible. Unlike driving patterns, boating behavior (i.e. straggling lanes, speeding, are harder to quantify and qualify, thus giving the boater more margin of error on a boat than in a car. And what about those objective signs? If someone has a red face and crazy hair, driving a vehicle, it’s easy to apply assumptions. This person is drunk! However, that same argument is easily explainable for the person who has been in the sun and wind all day. Isn’t everyone unkempt on a boat? Unsteady gait? Of course! You have been walking on water all day!

There are many confusing variables involved in this type of case. Even a seasoned law enforcement officer may mistake light drinking for violation of boating under the influence laws (BUI). Your case may have some of these conditions, or any of the many others that lead to unwarranted BUI arrests. You could find yourself in a position of too much fun in the sun or wrongfully facing BUI charges. If so, you should consult with a crime attorney. A qualified DUI attorney can use the particulars of California boating under the influence laws to help you.

Summer is a great time to get outside and enjoy all that we love about Southern California. Pack your sunscreen, wear a hat, and choose a designated boater.

What You Need to Know about DUI Crackdowns

Posted by Darren Kavinoky on May 22, 2015

DUI checkpoints may impact your drive home. Be sure you don’t drink and drive!

Summer and DUI Enforcement

We are approaching summer and with the change in seasons to warmer weather, local law enforcement steps up DUI enforcement. This is especially true with checkpoints across Southern California.

Overall, the various local and state law enforcement agencies make more than 100,000 DUI arrests each year. These occur in the five Southern California counties of Los Angeles, Orange County, San Diego, Riverside, and San Bernardino.

In 2014, law enforcement arrested 499 drivers for DUI in Los Angeles County over the Memorial Day weekend. The good news is that’s 30 fewer arrests than 2013.

One hundred Los Angeles County law enforcement agencies joined together last year. They took part in a DUI enforcement program during the three big summer holidays. The three are Memorial Day, Independence Day, and Labor Day. The program is the “Avoid the 100” campaign. The program includes sobriety checkpoints and increased roving DUI patrols to deter and catch drunk drivers.

Police love sobriety checkpoints.

Surprisingly, good defense lawyers love them too (more on that below). From the law enforcement side, checkpoints are an effective way to prevent accidents and make arrests. However, years of experience demonstrate that checkpoints are also thorny problems for police and prosecutors. Oftentimes these checkpoints create an environment for illegal searches and arrests.

The courts ruled that sobriety checkpoints don’t violate a motorist’s Fourth Amendment rights if they are conducted within certain criteria. Really though, it’s surprising how often these criteria fall to the wayside.

What should you do if you end up at a sobriety checkpoint?

The first thing you should do in this situation is open your window slightly and wait for the law enforcement agent to ask you any questions. As with any routine stop, you are required to provide identifying information such as your name, address, driver’s license and registration. As a general rule, it’s good to have these things organized in advance.

Should you be asked any further questions, you can politely decline to answer. You can say something like, “Officer, I don’t really approve of roadblocks and I do not care to discuss anything further.” If the officer persists in asking questions, you can ask for the return of your license and ask if you are free to leave.
It is imperative not to answer any questions beyond “name, rank and serial number” even if they appear harmless. Questions such about where you started driving, where you are headed, your eating and drinking patterns, when you last slept and how long, and a slew of other questions are all designed to gather incriminating evidence or eliminate possible defenses your lawyer could offer.

A recent U.S. Supreme Court case, Rodriguez vs. U.S., established that a prolonged detention – one that is extended past the reason for the initial stop – is illegal, and the evidence that is gathered afterwards can be suppressed. This can be vitally important at a sobriety checkpoint; unnecessary conversation between you and law enforcement can only serve to extend the encounter unnecessarily and possibly harm your legal interests. Remember, your right to remain silent ONLY helps you if you choose to exercise it! I can’t tell you the number of people I’ve met who, in trying to talk their way out of trouble, only talked themselves into more trouble.

What are officers are looking for at DUI checkpoints?

Officers are looking for impaired drivers. To do this they will use several different methods including, asking the driver questions, and observing the driver’s behavior. These signs include:
• Contradictory answers to questions
• Smell of alcohol or illegal substances
• Slurred speech
• Open bottles of alcohol in the vehicle
• Bloodshot or red-rimmed eyes
• Admission of drug or alcohol use.

Many agencies use a portable breath test to determine the drivers’ blood alcohol content (BAC) levels. This is called a Preliminary Alcohol Screening Test (PAS). Even though it is a chemical test, it is legally considered to be a Field Sobriety Test. If you are over 21 and are not on probation for a previous DUI, this test is optional. In fact, before the officer administers a PAS test, they must read an admonition to you stating that the test is not mandatory. Because the technology shortcomings of the PAS machine make is susceptible to giving readings that are inaccurate and overly state true alcohol levels, if you’ve had any alcohol at all, especially recent consumption of alcohol, it is best NOT to take this test.

What Does an Experienced DUI Attorney Look for in DUI Checkpoints?

When conducting sobriety checkpoints, police must follow strict guidelines outlined by the U.S. Supreme Court in the landmark case Ingersoll vs. Palmer. If police do not follow the criteria from Ingersoll, the DUI roadblock isn’t lawful. Additionally, any evidence gathered during a drunk driving arrest is possibly not admissible in court.

At The Kavinoky Law Firm, our top attorneys analyze all aspects of a checkpoint. They work tirelessly to determine whether there were discrepancies between the protocol set by the courts and the operation of the checkpoint. If police do not follow all of the necessary guidelines, and there was no probable cause for a stop, we will move to have all of the evidence that from the arrest set aside.

We have very positive results doing this for our clients; it’s shocking how many sobriety checkpoints do not comply with the legal safeguards.

One of the main reasons why a good defense lawyer is optimistic about a checkpoint case is that there is a strong case for defense. These cases do not provide one of the key aspects of the case that they usually point to in trying to secure a conviction. This is, a bad driving pattern. There is no driving pattern for someone who pulls into a checkpoint. Consequently, that is something that your lawyer can use to help you win your case.

The summer holidays are a great time to get outside and enjoy all that we love about Southern California. Let’s make sure we do it in a safe and sober way.

The Kavinoky Law Firm

About Darren Kavinoky and The Kavinoky Law Firm.

Darren Kavinoky receives recognition over and over for his commitment to clients and for being a top California defense lawyer. The Los Angeles Magazine repeatedly regards him as a Super Lawyer , and the American Trial Lawyers Association highlighted him as one of the Top 100 Trial Lawyers in California. Additionally, he is the legal analyst and special correspondent for the syndicated television program The Insider, and is a sought-after guest on shows that include Entertainment Tonight, Dr. Phil, NBC’s Today Show, and various programs on CNN and the Headline News Channel. Follow Darren on Twitter @DarrenKavinoky or www.DarrenKavinoky.com.

The Kavinoky Law Firm is a criminal defense firm with offices throughout California. The firm’s mission is to deliver peace of mind to every client. Our top criminal defense lawyers work to find the best possible resolution to your legal problem. Regardless of whether you have a charge of DUI, drugs, theft, domestic violence, assault, murder, or any other offense. For more on The Kavinoky Law Firm, visit www.NoCuffs.com or call 1.800.NoCuffs.

Dealing with the Police

Posted by Brianna Wilkins on January 7, 2014

Police interaction can be a daunting things to figure out. In the moment, when you’re under suspicion, it can be very challenging knowing what to say. Read along for the guidebook on how to behave if you’re under arrest.

Know Your Rights

As Americans, we rely on the police to keep us safe and protect our freedoms. Yet, when you swap roles, and your freedom is at stake, do you know your rights under the law? As a citizen of a free country, it’s important to know and understand your rights so you know how to protect yourself from the government if the need ever arises.

Recording the Police

Though the police often state that tape recording them is illegal it is, in fact, protected by the First Amendment. The police may not like being recorded, but you have the right to record what the government does in public, and especially on your own private property. Since police officers are technically government employees, as long as you are not belligerent or interfering with their work, tape recording the police is perfectly legal. If they become angry and order you to stop, politely inform them that you have a right to do so.

With that being said, it is illegal to secretly record conversations in the state of California. Although all-parties must consent to being recorded in the state of California, this does not apply to recording on-duty police officers. Ultimately, as long as you are standing a safe distance from the police, are not acting belligerent, and are not interfering with their work, recording an on-duty police officer is acceptable and legal under California state law.

Right to Remain Silent

Under the Fifth Amendment, we have the right not to self-incriminate. As a result, you have the right to remain silent and don’t have to speak with a police officer just because of his title.

If an officer asks you a question you’re not comfortable answering, ask about your situation and status. Find out whether you’re being detained or if you are free to go. If you’re being detained, practice your right to remain silent. Nothing you can do or say will get you out of your arrest. In fact, something you may accidentally let slip could put you in jail for a crime you could have avoided by refusing to speak.

Don’t Consent to Any Searches

If an officer makes request to search your vehicle or home, simply say you do not consent to a search.

If they threaten you with a warrant, state you won’t consent to a search without one. In most cases, the police will release you instead of going through the hassle of obtaining a search warrant. This is important because the police must abide by your refusal. So, if the police search your vehicle or home, your refusal to consent to the search may throw out the charges in court.

Some officers may threaten a K9 unit. However, the Supreme Court found that a dog’s lead is no longer grounds for probable cause without a warrant.

In regard to searches, the police can legally do a “pat down” of your body. They do this to check for weapons, but they aren’t allowed to go inside your pockets.

Although most have the right to refuse consent to a search, this does not apply to those on probation or parole. Those on probation and parole may not legally refuse a search.

Arrest Rights

If a traffic stop leads to an arrest, you still have rights.

First of all, you have the right to make a local phone call, although not necessarily at the scene of the arrest. Note, the police cannot listen to the call if you decide to contact a lawyer.
Additionally, you have the right to continue to remain silent. Don’t give any explanations or excuses for your behavior or the events that led to the arrest, and don’t say anything, sign anything, or make any decisions without first consulting a lawyer.
You have the right to a public defender at no cost to you, If you cannot afford a lawyer.

Build Your Defense

If you feel your rights have been violated, remember that police misconduct is not challenged on the street.

Do not physically resist officers or threaten to file a complaint. This will do absolutely nothing in your favor. Write down everything you remember about the incident, including the officer’s badge and patrol car numbers. If there were witnesses present, get their contact information. If an injury occurred, document the injuries through photographs. Finally, file a written complaint with the internal affairs division of the agency where the police officer works. In many cases, anonymous complaints are allowed.

Hire the Best

The Kavinoky Law firm hires the best criminal defense attorneys in California. Our excellent and experienced attorneys work hard to fight for their clients’ rights. If you find yourself on the wrong side of the law, call 1.800.No.Cuffs for a free consultation. Hire a criminal defense lawyer in Los Angeles and get working on maintaining your freedom.