Many California teenagers learn in driving school that a DUI applies to those with a BAC level of .08 or higher. But for a driver younger than the legal drinking age, any amount of alcohol that is detected in their system is also a DUI.  If your teenager has been charged with an underage DUI, contact a qualified California DUI attorney today.

California Underage DUI Laws

It is unlawful for a person under the age of 21 who has 0.05 percent or more of alcohol in their blood to drive a vehicle. Drivers under age 21 are subject to the same criminal penalties as older drivers—but there may be steeper consequences for young drivers, including automatic license suspension. If an underage driver refuses to consent to a breathalyzer test, his license can be revoked as well.

A driver under age 21 will also be subject to civil penalties by the Department of Motor Vehicles if their BAC level is 0.01 or higher. The penalty for underage drivers with a BAC level of .01 or more is a one year suspension of their driver’s license.

As the school year ends and summer approaches, many teenagers will be driving, and it is important to talk with your children about the consequences of drunk driving—especially the California Zero Tolerance under 21 laws.

Our Santa Rosa DUI lawyers know that parents in our community want to keep children safe. Of course, if you child faces one of these charges, it is vital to have experience legal help.  In addition, it may be helpful for parents to be made aware of some of the programs offered to help keep teens safe this summer.

The Every 15 Minute Program

Teenagers tend to get a bad reputation—especially when talking about drunk driving. But many teenagers are actively involved with ensuring their friends and classmates are safe on the road. The Every 15 Minutes Program is a national project based on the statistic that once every 15 minutes someone dies as a direct result of drunk driving. The program portrays skits of drunk driving accidents, working with local police and fire departments to bring the realities of drunk driving to life. The program is offered in many California schools during the course of the year, and they can be contacted directly to schedule an orientation at your child’s school as well.

There are multiple other organization in California for teenagers to help them understand the dangers of drunk driving, including MADD. The website teendriving.com is also helpful and full of many tips for parents and students alike on issues ranging from drunk driving to distracted driving.

Talking About Drinking & Driving

It is always important to sit down with your teenager and discuss the consequences of drunk driving, including how to feel comfortable telling a friend they shouldn’t drive or refusing to get in the car with a friend that’s been drinking. It is important to let your child know that if they find themselves in a situation they can call you without fear—what is important is your child got home safely and called you for help instead of driving intoxicated or with an intoxicated driver.

However, for many reasons mistakes can be made and your child might be facing DUI charges.  If your teenager has been charged with an underage DUI, it is imperative to contact a qualified Santa Rosa DUI attorney right away. Young drivers face severe consequences that may impact their college education, job opportunities, and their ability to drive. Contact us today.

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Failure to follow the directions of the court can result in hefty fines and even imprisonment. It is imperative to have a qualified Santa Rosa DUI attorney to not only help you fight the charges, but in the event you are convicted to ensure you are following all the rules and requirements set by the State of California.

What happens after I’ve been convicted of a DUI in California?

If you’ve been charged with a DUI and convicted, you will be required to pay hefty fines, have a restricted driver’s license, and will be required to attend an alcohol or drug program. The Driving Under the Influence Program Directory of Service Providers  maintains a directory of all the statewide licensed program providers in California. If you’ve been required to attend a class, this directory can help you find one that fits your schedule and is close to your home.

What type of program will I have to attend?

 Wet Reckless Program: The Wet Program is a six week program consisting of six two-hour education classes. These classes are designed to give the participant information on the legal, medical, and social problems associated with the abuse of alcohol and other drugs. Each class is conducted by a skilled instructor and will include lectures, discussions, and multimedia material. The fees can vary depending on where you enroll, but they generally cost $150.00-$180.00.

Juvenile Program: The Juvenile Program is an eight week program consisting of eight two-hour education classes.  This program is for persons charged with DUI under the age of 18 and usually for those for whom this is their first offense.

First Offender Program: The First Offender Program is a three months, ten one-hour group session coupled with ten two-hour education classes and three individual sessions that last about 15 minutes each. This program is offered to first offenders and, if completed fully, will serve as sentencing for the first offender. The First Offender program is more like a probation program, which is why it has a three month requirement. Successful completion of the program can mean you will not have a DUI on your record.  There is also an Extended First Offender Program which is a nine month program consisting of thirty 1.5 hour group sessions, seven two-hour classes, and five individual sessions.

If you’ve been charged with DUI it is crucial to contact a qualified Santa Rosa DUI attorney. If you’ve already been convicted of a DUI it is important for you to follow the judge’s orders, pay your fines, and attend all of your DUI classes. In many cases, successful completion of a DUI course can significantly reduce your penalties, avoid a criminal record, and restore your driving privileges much sooner. A DUI conviction can be a very stressful time, but it can be much easier to handle if you know what to expect. Contact a qualified California DUI attorney today and let us help you!

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(Photo Courtesy of Shutter King KT)

Our Santa Rosa DUI attorneys understand that mistakes happen.  We have worked with many local residents who have been charged in Santa Rosa DUI cases and similar situations in surrounding communities.  Our team firmly believes that everyone deserves the best defense possible, no matter what the circumstances.  A DUI charge can have devastating consequences for your finances, mobility, and even job placement. If you’ve been charged with DUI, call a qualified California DUI attorney today to see how we can help you.

While we work hard to fight on behalf of those facing these charges, we appreciate that it is also important to provide helpful information that might prevent DUI situations in the future.

For example, the technology sector is getting involved in efforts to ensure drivers are sober while behind the wheel.  Similarly, nonprofits in California and around the country are working to ensure you get home safely by providing designated drivers on demand.

The BreathalEyes Application—Yup, there’s an App for that!

Last year, Apple released thousands of new apps—one of them was the BreathalEyes application. According to Apple, the BreathalEyes application works by “detecting and analyzing Horizontal Gaze Nystagmus (HGN)” (the process by which the eye jerks and twitches on its own as the iris reaches an angle of 45 degrees while the person’s head remains still and face forward). Instead of analyzing a user’s breath to determine alcohol content, the BreathalEyes app for iPhone detects involuntary eye movement in a similar way to field sobriety tests undertaken by police patrols. The app allows the owner the ability to test anyone at anytime once downloaded onto their smartphone. Apple promotes the app as a way to prevent drunk driving and the company urges customers to use the app while out with friends and family. Of course, like most things today, the app comes with a legal disclaimer making it clear that each person reacts differently to alcohol and makes clear Apple is not legally responsible for any consequences of depending on the app as it is intended for “entertainment purposes only.”

Apple isn’t the first company to produce do-it-yourself alcohol consumption devices. Other devices such as Sobercheck and Alcoguard and even other mobile phone devices such as the LP-4100 Sobriety phone are now on the market. Although these apps provide drivers additional tools to ensure they drive safely, it is important to remember that these apps are not guaranteed and if you are not sure about your ability to travel safety it is always better to let someone drive.

Designated Driver Services and Resources

There are hundreds of designated driver companies and non-profits devoted to getting you home safely. For example, BeMyDD “Drives your car so you don’t have to.” BeMyDD offers two options: the first allows you to have a designated driver drive you to your destination in your car and then drive you back. The second option allows you to call for a driver after you’ve had too much to drink. Two drivers will arrive at your location, one will drive you home in your car and the other team member will follow.

Legal Help is Available

A California DUI charge is a very serious offense. In a perfect world, no one would drink too much and everyone would know when they’ve “had enough.” However, we know that mistakes happen.  At the end of the day, if you’ve been charged with driving under the influence it is important to remember that help is available. Our qualified Santa Rosa DUI attorneys understand that everyone deserve the best representation possible when charged with any sort of crime.  The legal system depends on fierce advocacy in the courtroom.  Please get in touch with our office today to see how we can provide the advocacy you need at the moment it matters most.

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Beck Law is headquartered in Santa Rosa, California, but we are available to help those facing DUI charges throughout the area. We offer legal services to clients in Santa Rosa, Cotati, Rohnert Park, Sebastopol, Healdsburg, Sonoma, Petaluma, Windsor, Glen Ellen, Bodega Bay, Ukiah, Willits, Kenwood , Clearlake, Lakeport, Kelseyville.

(Photo Courtesy of William Hook)

Assemblywoman Norma Torres, in an interview with the Daily Bulletin, believes the law is necessary to save lives, citing a National Highway Traffic Safety Administration report that 30 percent of all drivers killed in motor vehicle crashes in California in 2010 tested positive for legal and or illegal drugs. Torres said that although the bill isn’t perfect, “we still can’t ignore the fact that driving under the influence is a growing problem that we need to address.”

The bill is intended to reduce reckless driving and is part of the “zero tolerance” policies centered on drug use. Existing law already prohibits a person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug to drive a vehicle. AB 2552 goes further though, by criminalizing driving with cannabis in your blood regardless of whether the substance actually impairs driving.

Law Enforcement Against Prohibition (LEAP), an organization devoted to de-criminalizing drug laws, opposes the legislation. In a letter to Assemblywoman Torres, LEAP Executive Board Member Stephen Downing argued the Act “…relieves the decision-maker of the burden of making sound legal judgment…” and could actually cause more harm than good. Opponents of the bill believe it can lead to abusive DUI checkpoints by police departments.

Even more frightening is the potential arrest and conviction for impaired driving which may have never occurred because marijuana stays in the body for up to 30 days after use. This means that a driver may have used the illegal substance three weeks prior but can still be arrested, charged and convicted of driving under the influence if the drug is still found in their system.

Proponents of the law, including Paul Chabot, MPA, Ed.D, president of Coalition for a Drug Free California, argues the Act will protect California residents from “drugged drivers” and will make our communities safer for all those using California roads.

Although this bill has yet to become law, it is important for Californians to understand the proposed legislation and how it can potentially impact you. California continues to enact laws to combat impaired driving—even when they may not necessarily serve their intended purpose. No matter what, our firm is committed to carefully explaining how all DUI laws may impact your specific case and fighting for your rights. If you’ve been arrested for DUI in the North Bay area, either as a result of alcohol consumption or cannabis use, our experienced Santa Rosa DUI attorneys are here to help. We serve residents in many areas including communities like Santa Rosa, Cotati, Rohnert Park, Petaluma, Windsor, Kenwood, Glen Ellen, Bodega Bay, Ukiah, Willits, Clearlake, Lakeport, Kelseyville and throughout Sonoma County, Mendocino County and Lake County. Please contact us to see how we can ensure your legal rights are respected.

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The California Vehicle Code and DUI

California Vehicle Code 23152 is the section under which a misdemeanor DUI is charged and prohibits any person who is under the influence of any alcoholic beverage or drug to drive a vehicle. It further prohibits any person who has 0.08 percent or more of alcohol in his or her blood to drive a vehicle.

California Vehicle Code 23153 is the code section under which a felony DUI is charged. A person is charged with felony DUI when under the influence of any alcoholic beverage or drug drives a vehicle and concurrently does any act forbidden by law, or neglect any duty imposed by law in driving the vehicle.  In order to be charged with felony DUI, the drivers conduct must cause bodily injury to another person.

Similarly, a driver is charged with felony DUI when having 0.08 percent or more of alcohol in his or her blood drives a vehicle and concurrently does any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.

Lastly, you can be charged with felony DUI if you have three or more convictions for DUI or if you already have a prior felony DUI.

The California justice system takes DUI charges very seriously.

What Should I do if I’ve Been Charged with DUI?

If you’ve been involved in a car accident and a person was injured, you could be charged with felony DUI. The severity of the charge and the sentencing associated with such charges are broad and depend on the scope of the injury. Obviously, the more severe the injuries the more likely one is to be charged with felony DUI over the misdemeanor charge.

This is why it is always important after a DUI related accident to contact an attorney who can immediately assess whether or not there were injuries and determine the extent and severity of the injuries suffered. Sadly, especially during these tough economic times, people may exaggerate the extent of their injuries or purposely lie about their injuries in order to take advantage of DUI offenders. In our area, aid from a qualified Santa Rosa DUI attorney is paramount to ensure you are not taken advantage of and to guarantee that all your legal options are fully explored.

Our experienced California DUI attorneys understand good people make mistakes.  We are committed to doing all we can to win your case and protect your family from criminal and financial penalties. If you face these charges anywhere in the North Bay area, be sure to seek out our Santa Rosa DUI attorneys to protect your interests.

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Our firm is headquartered in Santa Rosa, California, but we offer DUI legal services to clients in Santa Rosa, Cotati, Rohnert Park, Sebastopol, Healdsburg, Sonoma, Petaluma, Windsor, Glen Ellen, Bodega Bay, Ukiah, Willits, Kenwood , Clearlake, Lakeport, Kelseyville and throughout Sonoma County, Mendocino County and Lake County.

However, our California DUI attorneys know that having a BAC of 0.08% or above is not the only way to be found guilty of driving under the influence of alcohol or drugs. That is because the law technically makes it unlawful to drive a vehicle when under the influence of any alcohol or drug, or combination of the two, with no specific BAC requirement. That is because the BAC is in many ways just a “shortcut” that the law allows to prove intoxication sufficient to be deemed under the influence.

How do law enforcement agencies determine if a driver is under the influence?

In California after a traffic stop when suspicious the officer may perform field sobriety tests in order to determine possible intoxication. Our North Bay Area DUI lawyers have often explained to local residents that drivers may refuse to perform these tests. There are many different tests, but only three are standardized: Nystagmus, walk and turn, and one leg stand. Check out a previous post on these tests here, but a quick summary…

(1) In the nystagmus test the officer will move an object back and forth in front of the driver’s face looking for involuntary jerking of the eyeball.

(2) In the walk and turn test the driver takes nine heel-to-toe steps along a line, and then turns and does the same back down the line. The officer is observing for the ability to follow instructions and balance.

(3) In the one leg stand test the driver stands with heels together and arms at their side, and then raises one leg off the ground while counting out loud. The officer is observing for balance in this test.

Beyond those three standardized tests, if lawfully arrested for driving under the influence a chemical test to determine BAC may be performed at a police station or other facility. The test must be conducted within three hours of the traffic stop. California Vehicle Code § 23152 provides for a rebuttable presumption that if a BAC test is performed within three hours of operating the vehicle the result of the test was also present at the time of operation.

Technically these chemical tests may be refused as well. However, in most states, including California, there is an implied consent to taking the test in exchange for driving privileges. This implied consent basically makes taking a chemical BAC test a requirement. If you refuse to take the test you will be faced with penalties from the DMV, including a one year license suspension, and it can be used against you at trial. Since serious penalties may be an inevitable result of refusal, in most cases Bay Area DUI attorneys agree that it is best to submit to a chemical test.

In California there is no right to consult an attorney before taking a chemical BAC test. If arrested on suspicion of driving under the influence of alcohol the driver may choose a breath or blood test. If arrested on suspicion of driving under the influence of alcohol and/or drugs the driver may choose a blood or urine test. If the driver’s choice is not available, the driver essentially loses his or her right to chose and the officers can perform any available test. In certain cases police officers may perform forced blood tests.

While these basic principles are outlined in the California DUI statutes, if you are charged with a DUI in our area it is vital to seek out individualized legal help. There are often many ways to challenge the validity of certain tests or lawfulness of police conduct which led to the arrest. Every case has some variations, and those differences can often determine conviction and acquittal.

If you are facing a DUI charge in our area, do not hesitate to contact an experienced Santa Rosa DUI attorney at Beck Law P.C. Call (707) 576-7175 to make an appointment for a DUI consultation today where an attorney can go over the particular circumstances of your case.

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(Photo Courtesty of Officer Greg)

In addition to issuing California DUI tickets, the checkpoints are often used to issue other citations. For example, the Huffington Post story notes how many have challenged the used of the checkpoints in some areas of the state to catch undocumented immigrants. The story reports that for every drunk driver picked up in one of these checkpoints, there are often ten or more unlicensed (usually undocumented) drivers who are ticketed.

Some have also claimed that many checkpoints violate state law which requires that no profits be generated from the checkpoints. Many police departments run afoul of this rule, because hefty profits—in the millions—are often generated from fees, citations, and the auctioning of vehicles compounded. One city recently was found to have falsely included bulletproof vests and police radios in towing expenses from these checkpoints in order to make it seem as if no profits were being made.

Our Santa Rose DUI lawyer knows that illegal and unsavory tactics are often used to ensnare local drivers. To the average traveler it always seems like police have all of the power when it comes to these situations. However, the courts have consistently held that all checkpoints must be held to strict standards. When those standards are violated, the drivers who were cited, including for DUI, often have legal recourse to challenge the process. That is one of many reasons why it is vital to contact an experienced North Bay Area DUI lawyer if you face one of these situations in our area.

So, what guidelines must checkpoints follow?

In Ingersoll v. Palmer the California Supreme Court laid out clear rules regarding how these checkpoints must be set up. For example, the checkpoint must be announced in advance and set up by command law enforcement officers—officers in the field cannot set these up. When deciding what vehicles to stop, a neutral mathematical formula must be used. In other words, if it can be shown that the officers stopped your car for reasons not connected to random assignment, then the legal protocol may not have been followed. Also, the law demands that at all times the checkpoints be highly visible and be maintained safely.

Importantly, drivers can only be detained for a short time, enough for the officers to question the driver briefly and look for signs of clear intoxication. If an officer keeps someone too long for no clear reason, this may be a violation of the checkpoint rules, and the driver’s constitutional rights against unreasonable search and seizure may have been violated.

Getting arrested for a DUI is always an incredibly stressful and anxiety-ridden situation. Please do not forget that you do not have to go it alone. At Beck Law we have trained legal professionals who have years of experienced helping drivers exactly in your position. Whether you were arrested in a checkpoint, after being pulled over, or in any other situation, please do not hesitate to get support. Contact our Santa Rosa DUI lawyers today to learn how we can help.

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Headquartered in Santa Rosa, California, Beck Law P.C. offers DUI legal services to clients in Santa Rosa, Cotati, Rohnert Park, Petaluma, Sebastopol, Healdsburg, Sonoma, Windsor, Kenwood, Glen Ellen, Bodega Bay, Ukiah, Willits, Clearlake, Lakeport, Kelseyville and throughout Sonoma County, Mendocino County and Lake County.

The Super Bowl is now over and, once again, the New York Giants beat the mighty New England Patriots. Many people, including myself, an attorney with Beck Law P.C. in Santa Rosa, attended a Super Bowl party with an expansive spread of chips, salsas, hot-dogs, burgers, tri-tip, and of course, alcohol. It’s well known that beer, cocktails, andAs the clock turns to zero and the Superbowl ends, police everywhere are on alert for drunk drivers. The slightest mishap on the road results in a police officer pulling over a driver, and if there is any “clues” that the driver has consumed alcohol, the police will conduct a slew of Field Sobriety Tests. The question is why do police conduct “these” tests, and what “clues” are they looking for?

The National Highway Traffic Safety Administration (NHTSA) was confronted with high statistics regarding highway accidents in California and across the nation. In response they funded research to develop physical activities that could be carried out roadside, quickly, with no equipment, while still keeping the officer safe. The product of this research was the institution of the Standardized Field Sobriety Tests (SFSTs).

The three SFST tests are the one-leg stand (OLS), walk and turn (WAT), and horizontal gaze nystagmus (HGN). The three tests are intended to show one’s ability to listen and follow instructions, and to measure “divided attention,” which is essential to operating a vehicle. Lastly, the three tests are utilized as a self-serving mechanism for police and District Attorneys in Petaluma, Santa Rosa, Ukiah and throughout California to 1) determine sobriety, 2) develop probable cause, 3) show that the driver was under the influence at the time of the stop, and 4) gather evidence for the prosecution.

ONE-LEG STAND:
If you’re the unfortunate subject of a field sobriety test in California, you can expect to have to complete the one-leg stand (OLS). Research has found that if a subject fails this test by exhibiting two of the four “clues,” there is a 65 percent chance that the subject has a Blood-Alcohol Content (BAC) of .10 or above.* In conducting the test, a police officer will have the subject stand with both legs together, and select either their left or right leg to lift approximately 6 inches from the ground, and count by thousands. As a subject attempts to maintain balance, the police office is looking for four specific “clues” in gauging the subject’s performance; 1) use of arms for balance, 2) hopping, 3) swaying, and 4) whether the subject puts his or her foot down during the test. An officer can only test you for a total of 30 seconds. If the officer observes two of the four “clues,” they will request a breathalyzer test, as there is a 65 percent chance the subject has a BAC of .10 or above.*

WALK AND TURN:
Due to its perceived simplicity and that it measures one’s “divided attention,” police officers go-to-test is the Walk and Turn test (WAT). In administering this test, a police officer will ask the subject to position themselves so that their right foot is in front of their left foot (heal-to-toe). The subject’s arms must be at their side. The police office will then instruct the subject to walk on a line, nine steps in one direction, turn on one foot 180 degrees, and nine steps back in the other direction. The police officer is looking specifically for eight different “clues;” 1) balance, 2) starting too soon, before the police office says “start,” 3) delays in walking, 4) touching of the heel-to-toe, 5) stepping off the line, 6) raising of the arms for balance, 7) improper turns, and improper amount of steps. If the police officer observes two “clues” throughout the test, the research shows that the subject has a 68 percent chance of having a BAC above .10.*

HORIZONTAL GAZE NYSTAGMUS:
What is that!!?? (My exact response, even as a California DUI Attorney). Horizontal gaze nystagmus is the involuntary jerking of the eye as it moves from center towards the far right or left. According to research, the jerking becomes more and more obvious when a driver is impaired. Additionally, this is the most reliable test in determining the sobriety of a driver, as there is a 77 percent chance that the driver has a BAC of .10 or above.* You’ve probably seen this test administered in the movies, a police officer has a pencil or pen, places it a foot away from the driver’s forehead, and asks the driver to watch the pencil as he/she moves it from right to left. In administering the test, the police officer is looking for three “clues:” 1) can the eye smoothly follow the pencil, 2) is nystagmus present at the extreme? 3) Is the angel of onset 45 degrees or less? Basically, a police officer is trying to determine whether alcohol is playing a role in the involuntary jerking of the eye.

*Note the in California the BAC limit is .08 or above.

These three tests seem simple, yet after a long Super Bowl game where alcohol flows and a police officer observing your every move, they become more and more difficult. It’s best to ensure that you or your group always have a designated driver when drinking.Headquartered in Santa Rosa, California, Beck Law P.C. offers DUI legal services to clients in Santa Rosa, Cotati, Rohnert Park, Petaluma, Sebastopol, Healdsburg, Sonoma, Windsor, Kenwood, Glen Ellen, Bodega Bay, Ukiah, Willits, Clearlake, Lakeport, Kelseyville and throughout Sonoma County, Mendocino County and Lake County.

Beck Law P.C. offers a no-cost, no-obligation initial DUI consultation and can provide the knowledge and experience necessary to help guide you through the DUI legal process.

Making an appointment to talk to us regarding the particulars of your DUI is an investment in exploring what options may or may not apply to your particular situation. Your visit to the Beck Law Offices is confidential, as is the information discussed. You can contact our office at 707-576-7175 or contact us online.

Headquartered in Santa Rosa, California, Beck Law P.C. offers DUI legal services to clients in Santa Rosa, Cotati, Rohnert Park, Petaluma, Sebastopol, Healdsburg, Sonoma, Windsor, Kenwood, Glen Ellen, Bodega Bay, Ukiah, Willits, Clearlake, Lakeport, Kelseyville and throughout Sonoma County, Mendocino County and Lake County.

Headquartered in Santa Rosa, California, Beck Law P.C. offers DUI legal services to clients in Santa Rosa, Cotati, Rohnert Park, Petaluma, Sebastopol, Healdsburg, Sonoma, Windsor, Kenwood, Glen Ellen, Bodega Bay, Ukiah, Willits, Clearlake, Lakeport, Kelseyville and throughout Sonoma County, Mendocino County and Lake County.

Beck Law P.C. offers a no-cost, no-obligation initial DUI consultation and can provide the knowledge and experience necessary to help guide you through the DUI legal process.

Making an appointment to talk to us regarding the particulars of your DUI is an investment in exploring what options may or may not apply to your particular situation. Your visit to the Beck Law Offices is confidential, as is the information discussed. You can contact our office at 707-576-7175 or contact us online.

Headquartered in Santa Rosa, California, Beck Law P.C. offers DUI legal services to clients in Santa Rosa, Cotati, Rohnert Park, Petaluma, Sebastopol, Healdsburg, Sonoma, Windsor, Kenwood, Glen Ellen, Bodega Bay, Ukiah, Willits, Clearlake, Lakeport, Kelseyville and throughout Sonoma County, Mendocino County and Lake County.