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« Open Container Laws: Inconsistent and Unnecessary | Main | Canadian MP Proposes New Impaired Driving Law at 0.05% BAC Level »

Ignition Interlock Device (IID): The Pressure's on for DUI Offenders

The ignition interlock device, or IID, is an apparatus consisting of an alcohol breath-testing unit, which is connected to an automobile ignition. California law (Vehicle Code 23575) requires judges to sentence individuals convicted of driving on a DUI-suspended driver license (DWS-DUI) and repeat DUI offenders to install an ignition interlock device on any vehicle that they own or operate for up to three years. A judge may, at the court's discretion, order first time DUI offenders to install an IID onto their automobile (although this is rarely the case in California DUI cases).

California DUI law also provides repeat DUI offenders the option of installing an ignition interlock, after serving half of their license suspension period, to apply for and obtain a restricted driver license from the Department of Motor Vehicles (DMV). See California DMV DUI FAQ's.

In 2002, the California Department of Motor Vehicles conducted an evaluation of ignition interlock implementation. In reviewing all IID studies combined, the findings suggested that interlocks can reduce driving under the influence of alcohol or drugs while the ignition interlock devices remain on offenders' vehicles, once the IIDs are removed, however, DUI behavior rates climb back up, suggesting that no social learning associated with IIDs takes place. In addition, the evaluation questions the effectiveness of IIDs and raised concern over the safety of the ignition interlock, specifically over the rolling retest feature of the device.

The report also highlighted the fact that the courts have been weak in implementing orders of IID installations and that a significant majority of DUI and DWS-DUI offenders do not install an IID when ordered to do so. In light of these findings, there is increasing pressure on the courts to enforce IID laws.

Despite the questionable effectiveness and safety concerns of IIDs, a new legislative Bill (AB 3045) regarding IIDs, known as "Adam's Law," was enacted on September 30, 2006. This law prohibits the DMV from reinstating a driver's license to offenders of driving with a suspended license under the influence of alcohol (DWS-DUI) and who were ordered to install an IID without specified proof that the certified ignition interlock device has been installed.

In the call to step up enforcement of effective ignition interlock use, new monitoring technology has also been developed and incorporated into some IIDs. Smart Start Inc., one distributor of IIDs in California and across the states, announced its' development of a photo identification unit that accompanies its' newest IID, released this year. The photo ID module is mounted on the windshield of the interlocked vehicle and takes a snapshot of the breath test subject. The photograph is stored, electronically, with a date and time stamp.

There is no doubt that California takes driving under the influence of alcohol very seriously. If you have been arrested and charged with DUI in Southern California it is critical that you seek legal help from an experienced Southern California DUI lawyer.

As Drunk Driving and DUI Defense Attorneys, The Law Offices of Thomas Wallin are well versed in California DUI laws and are experienced at building a strong DUI defense for their clients that can minimize DUI penalties. Contact the Law Offices of Thomas Wallin for a FREE DUI CONSULTATION if you have been arrested for DUI or Drunk Driving in California.

Our California DUI Defense Law Firm represents individuals accused of DUI and drunk driving throughout Southern California, including Driving Under the Influence cases in Orange County, Los Angeles, Riverside, San Bernardino and San Diego.

« DUI or Diabetes? Medical Conditions Can Mimic DUI Signs | Main | Ignition Interlock Device (IID): The Pressure's on for DUI Offenders »

Open Container Laws: Inconsistent and Unnecessary

When President Bill Clinton was in office, he signed legislation that made it necessary for all states in the U.S. to develop open container laws that set limits on how open containers of alcohol could be transported.

Obviously, someone driving a car should not be driving while drinking from a can of beer, but these open container laws are much more stringent. An open container is defined as any container with alcohol that has a broken seal. This can include cans, bottles, flasks, and other receptacles. The open container laws make it illegal for an open alcohol receptacle to be anywhere in a vehicle that might be accessible to the driver. The problem with these open container laws is that they are inconsistent from state to state and mostly unnecessary. It is highly unlikely that the driver of a vehicle could reach all the way into the back of the car and reach an open alcohol container sitting on the back dashboard (not to mention SUV's, minivans and other similar vehicles). But the lawmakers promoting this legislation ignored common sense and made it illegal for an open container to be anywhere in the car. The only exceptions are the trunk and, in some states, a locked glove compartment.

That brings us to another problem with open container laws. Some states made it a summary offense to have an open container while other states consider an open container violation a misdemeanor. Even states that consider it a misdemeanor may only fine the offender $100 or less, making these laws a joke. Instead of working to keep our roadways safe by working on legitimate problems, lawmakers spent time and taxpayer dollars coming up with open container laws that do little to keep our roads safer and result in little consequences for offenders. We'll all be safer when lawmakers stop making laws based on politics and start making laws that actually serve a purpose.

If you have been arrested for an open container in Southern California contact a Southern California Lawyer immediately to preserve your rights and represent you through the criminal process. Our Criminal Defense Lawyers and Attorneys represent those accused of crimes throughout Southern California, including Criminal Defense in Orange County, Los Angeles, Riverside, San Bernardino and San Diego.

« DUI Checkpoints: Effective DUI Prevention Tool or a Waste of Taxpayer Dollars? | Main | Open Container Laws: Inconsistent and Unnecessary »

DUI or Diabetes? Medical Conditions Can Mimic DUI Signs

Some of the symptoms of intoxication can include slurred speech, confusion, loss of balance while performing field sobriety tests, and stumbling. The problem lies with law enforcement officers believing that these symptoms are exclusive to DUI.

The truth is, many medical conditions cause people to exhibit many of the same signs. Diabetes can cause confusion and other symptoms when a diabetic emergency occurs. Someone who has suffered a stroke may have slurred speech or lack the coordination and balance necessary for completing sobriety tests. Other conditions can cause sweet-smelling breath, stumbling, and other symptoms that may be unfairly attributed to intoxication. One of the biggest problems with law enforcement officers assuming intoxication over a medical condition is that valuable treatment time can be lost while the officer is questioning the driver or administering field sobriety tests. This is an especially critical situation for diabetes patients or someone who has just had a stroke. Time is critical in reducing the damaging effects of these conditions and when law enforcement officers waste that time by assuming it is a simple case of DUI, the driver can suffer long-term damage to their bodies.

Unless you carry your medical records around with you or have a medic alert bracelet listing your condition, you'll have a hard time convincing an officer that your symptoms are due to a medical condition and not due to too many cocktails. If the officer chooses to give you a citation for DUI despite your explanation of a medical condition, it is in your best interest to visit your doctor or a local hospital as soon as possible after your citation is given. If you're diabetic, you can have your blood sugar tested to determine if it was at a level that could cause any of the signs of intoxication. Other simple lab tests can determine if you were suffering from other conditions like an electrolyte imbalance, severe infections, or deficiencies in needed minerals in the body. Your doctor can document the date and time of your test so that, when you go to court, you'll have the evidence you'll need to combat your DUI charge. You should also contact a California DUI attorney to help you handle your case. Having a qualified attorney on your side can help you navigate the legal system and have a better chance of winning your case. This is just another example of how the legal system can turn a law-abiding citizen with a medical condition into someone facing criminal charges.

« California DUI and Repeat Offenders: A Failing System | Main | DUI or Diabetes? Medical Conditions Can Mimic DUI Signs »

DUI Checkpoints: Effective DUI Prevention Tool or a Waste of Taxpayer Dollars?

DUI checkpoints are touted as a necessary and effective method of curbing driving under the influence offenses and keeping our roadways safe for motorists, cyclists, and pedestrians. But are DUI checkpoints really a necessary use of law enforcement power and taxpayer dollars?

Studies show that they are not good uses of resources and do not curb driving under the influence offenses as much as lawmakers and politicians would like us to believe. In order for a DUI checkpoint to be valid, motorists must be warned in advance and given an opportunity to avoid the checkpoint. Drivers who have been drinking and still have their common sense intact can simply turn down a side street to avoid the checkpoint. This completely distorts the statistics related to the success of DUI checkpoints and means that law enforcement officers are wasting time and resources stopping sober drivers.

Another reason why DUI checkpoints are looked upon unfavorably by many people is that they are often nothing more than an opportunity to fine drivers for infractions like expired registrations, expired driver licenses, and things like broken lights and other vehicle infractions. Instead of focusing on curbing dangerous offenses by drivers with extremely high blood alcohol levels, law enforcement officers are spending their time writing citations and talking with drivers who have not even been drinking alcohol. These checkpoints are a waste of time and money and do not accomplish the purpose that they have been designed to fulfill. If you've been stopped at a DUI checkpoint and need legal assistance, contact a California DUI lawyer immediately to review your case and get help.

If you have been arrested for DUI in Southern California contact a Southern California DUI Lawyer immediately to preserve you right to a DMV hearing and represent you through the DUI criminal process. Our DUI Criminal Defense Attorneys represent those accused of DUI throughout California, including Driving Under the Influence cases in Orange County, Los Angeles, Riverside, San Bernardino and San Diego.

Main | DUI Checkpoints: Effective DUI Prevention Tool or a Waste of Taxpayer Dollars? »

California DUI and Repeat Offenders: A Failing System

In California, along with most states in the U.S., it is illegal to operate a vehicle with a blood alcohol concentration of 0.08%. If you are found to exceed this limit, you can face both criminal charges and DMV administrative penalties that can make it difficult to meet family obligations and continue to hold on to your career. For repeat offenders, the penalties for driving under the influence continue to accrue with each offense and can result in probation, stiff fines, mandatory installation of an ignition interlock device, and often jail time. But is extensive jail time for offenders who exceeded the legal limit without causing injury or death really the best way to deal with driving under the influence? Experience shows that it is not, but the system continues to punish these offenders with penalties that are often reserved for crimes resulting in bodily injury or death.

Repeat DUI offenders are often alcoholics, but the system fails to recognize the need for these offenders to receive drug and alcohol counseling and support from peers in drug and alcohol recovery support groups. By jailing these offenders simply for exceeding the legal limit, they are not only being deprived of the counseling and support they need, they also have more time for the problem to get worse. Their release from jail often leads to additional offenses because of the difficulty of meeting life obligations with a DUI on their records. Jail time is not a substitute for drug and alcohol counseling and support, but the system remains unchanged. If you are facing administrative penalties or criminal DUI charges, contact a California DUI attorney immediately to preserve your rights and have the best chance of a successful outcome for your case.

Orange County, in Southern California has recently been experimenting with a DUI Court for 2nd and 3rd offenders out of Harbor Court in Newport Beach. In the future I will be addressing the Orange County DUI Court as well as other Counties systems for dealing with second and third offense DUI cases. If you have been arrested for DUI in Southern California contact a Southern California DUI Lawyer immediately to preserve you right to a DMV hearing and represent you through the DUI criminal process. Our DUI Criminal Defense Lawyers and Attorneys represent those accused of DUI throughout Southern California, including DUI Defense in Orange County, Los Angeles, Riverside, San Bernardino and San Diego.

©2005 Thomas Wallin Law Offices

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