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Recent Blog Posts
How Will Getting Charged With a DUI Affect My Life?
No matter if you are a first time or repeat offender, getting charged with a DUI will have a huge impact on your life. How much it will affect you depends on the circumstances surrounding your arrest, such as who was in the car, any prior convictions, and whether any others were injured or killed as a result of driving while intoxicated. Even in cases without circumstances that would increase the charges, a DUI can lead to a license suspension, jail time (often, though not always, served in an “alternative to custody” program), and fines.
When an officer pulls you over, they may have a suspicion that you were driving while intoxicated. However, even if you are pulled over for another traffic offense, such as speeding, you can still be arrested for DUI if the officer has probable cause to make an arrest that you are under the influence. An officer may determine probable cause by talking with you, observing you, conducting field sobriety tests, and/or administering a portable breath test.
What Happens if My Child Is in the Car During a DUI Stop?
Driving under the influence of drugs or alcohol is illegal and can result in serious consequences. However, having a passenger in the car under the age of 14 will increase the severity of the punishment. The laws of the state of California are meant to keep everyone safe, and violating these laws by committing DUI with a child in the car can be considered child endangerment.
California Laws and Child Endangerment
According to California Vehicle Code 25372, a person who drives while under the influence of alcohol or drugs with a child under 14 years old in the car is subject to increased punishment. While a first-time DUI is usually considered a misdemeanor, this is considered a very serious misdemeanor – not only in court, but with Child Protective Services. Child Protective Services may be called to the scene of arrest, and they have the ability to take your child/children into their protective custody as you go off into police custody. There is follow up with CPS to make sure the children are in an acceptable home, and they will likely notify you that they are seeking to place you on a list of child abusers (Child Abuse Central Index). They will also inform you of your right to fight that designation.
Can Legal Use of Marijuana Lead to a DUI in California?
Although medical marijuana has been legal in California since 1996, it has only recently become legal for recreational use. In 2016, California legalized the adult use of marijuana, joining several other states, including Oregon, Washington, and Colorado. This was done through Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act. However, while marijuana has been legalized, it is important for California residents to understand what is and is not legal, as well as the potential consequences that may come with being charged with DUI while under the influence of marijuana.
Marijuana Laws in California
Proposition 64 allows for the recreational possession and use of marijuana for adults 21 years and older, within specified amounts. A person cannot have more than 28.5 grams of cannabis, 8 grams of concentrated cannabis, or more than 6 living marijuana plants in their possession (absent a license to do so, the rules of which seem to change by the day). This law does not affect previous laws regarding marijuana, such as the Medical Marijuana Regulation and Safety Act and the Compassionate Use Act.
What Happens During a DUI Traffic Stop?
Unless it occurs at a sobriety checkpoint, a DUI traffic stop is often an unexpected incident for a driver. Getting pulled over can cause anxiety for anyone, but being pulled over for driving under the influence can lead to criminal charges, steep fines, and the loss of driving privileges. For many drivers, an arrest for driving under the influence is the first time they are in trouble with the law, aside from minor traffic tickets or parking violations. When you are pulled on suspicion of driving under the influence of drugs or alcohol, is important to be prepared for what will happen.
The Process Followed in a Traffic Stop
When a police officer pulls a driver over, they must have reasonable cause to do so. This means that there must be a reasonable suspicion that a law is being broken. Reasonable causes for pulling over a driver include erratic driving or other traffic violations, such as speeding or running a red light. A traffic stop for a minor violation, such as a missing tail light, could lead to a DUI arrest if the officer suspects the driver is impaired due to drugs or alcohol.
What DUI Charges Apply When Driving Under the Influence of Drugs?
Driving under the influence of drugs can get a driver in as much trouble as driving under the influence of alcohol. In California, criminal charges related to the possession or sale of drugs can vary wildly, but when a person gets behind the wheel, they are likely to face serious consequences if they are intoxicated by any substance. Unlike alcohol, there is no legal limit for the amount of drugs a person can have in their system while driving, and if a drug test shows any amount of a controlled substance in a driver’s system, they may face DUI charges.
The criminal charge of Driving Under the Influence refers to how a substance can affect a driver’s judgment and reaction time. The legal limit for a driver’s Blood Alcohol Concentration (BAC) is .08%. For any BAC over that limit, a driver is presumed incapable of driving safely. While California law does not specify a legal limit for other drugs, including marijuana, a driver may be considered to be under the influence if they are intoxicated and unable to operate their vehicle safely. Controlled substances, prescription drugs, and even over the counter drugs can lead to a driver being considered intoxicated and charged with DUI, especially if these substances are combined with alcohol.
What to Expect if You Are Arrested for a First-Time DUI
Anyone can be pulled over while driving, and if you are DUI of drugs or alcohol, a routine traffic stop can lead to an arrest. A DUI arrest can be a scary experience, and you may not know what to expect. However, understanding what will happen if you are pulled over and arrested for a first-time DUI will make the experience easier to handle.
Even if you feel under control behind the wheel, if your blood alcohol content (BAC) is higher than .08% this is considered drunk driving, and you can be arrested on DUI charges. In many cases, a driver will be pulled over for a different reason, such as having a tail light out or speeding. If the police officer who pulls you over has reasonable cause to believe you are under the influence, they can ask you to take Field Sobriety Tests. These tests consist of being asked to get out of your car and performing tasks meant to assess your cognitive functions and ability to operate your vehicle safely, such as reciting the alphabet or walking in a straight line (whether these tests accurately assess alcohol influence is another subject altogether). You may also be asked to take a Preliminary Alcohol Screening, which is also known as a breathalyzer test. This test will measure your BAC, and it often determines whether an arrest can be made.
Changes in California Criminal Laws in 2019
Santa Cruz County residents should be aware of three changes in California criminal law that took effect on January 1, 2019. These changes affect people with past marijuana convictions, juvenile offenders under age 16, and DUI offenders.
Past Marijuana Sentences Will Be Dismissed or Reduced
The Adult Use of Marijuana Act (AUMA), which took effect on November 9, 2016, decriminalized or downgraded many marijuana-related offenses. AUMA specifically authorized application of the new, more lenient criminal laws retroactively. AB-1793, “Cannabis convictions: resentencing,” directs the California Department of Justice to identify all old cases where a person was convicted of a marijuana offense that is no longer a crime or has been downgraded in severity.
New California Firearms Laws Taking Effect in 2019
California’s laws on gun ownership and possession are already among the most restrictive in the nation, yet the state legislature continues to pass new laws in hopes of reducing gun-related deaths. California gun owners should be aware of five new restrictions that will take effect in the coming months.
1. Handgun Concealed Carry Will Require More Training
Current state law leaves it up to individual county sheriffs to determine the requirements for obtaining a handgun concealed carry permit (CCP).
Effective January 1, 2019, new CCP applicants must complete a minimum eight-hour classroom training in firearm laws and safety. They must also pass a shooting proficiency test with each firearm that the applicant wishes to be licensed to carry. CCP renewals will require a minimum four-hour refresher training, plus a shooting proficiency test with each firearm (Assembly Bill 2103).
Marijuana DUI a Growing Concern in California
California law enforcement officers have faced a growing challenge over the past two years: how to keep the roadways safe from people driving under the influence of marijuana.
Marijuana DUI Arrests Have Risen Since 2016
Two major events have led to an increase in marijuana use in California and a corresponding concern about driving under the influence of cannabis. First, Proposition 64, the Medicinal and Adult-Use Cannabis Regulation and Safety Act, was passed in November 2016; this allowed individuals to grow and use marijuana for their own recreational purposes. Second, Proposition 64 also legalized the sale of marijuana to anyone age 21 or older, effective January 1, 2018.
Drugged driving arrests have risen significantly in California since the state legalized the use of recreational marijuana. The Orange County crime lab reported that requests to process blood samples related to marijuana DUI arrests rose 40% between November 2016 and June 2017. In addition, the California Highway Patrol reported that marijuana DUI arrests increased 31% from January to August 2018 and that injuries attributed to marijuana DUIs doubled.
Can I Be Charged With DUI When Sleeping in My Car?
Drinking and driving inarguably puts everyone’s safety at risk. Sometimes, a driver leaves an establishment after consuming alcohol, only to realize that their intoxication was more severe than they originally estimated. Safety-conscious drivers may decide to pull their vehicle to the side of the road, find a rest stop, or even park at a gas station to take a quick nap. Although this decision ultimately prevents a potentially catastrophic accident, it also invites curious police officers to investigate the situation. DUI charges are possible in these cases, even when a drunk driver is parked and sleeping safely inside their vehicle.
DUI in a Parked Car
It is possible to be charged with DUI while in a parked car. However, a police officer must typically be able to show that you voluntarily moved your vehicle before the arrest. Voluntary movement may include something as minimal as a car rolling down a driveway after disengaging the parking brake. Other possible evidence that may show a driver moved their car while intoxicated includes:
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