Westminster is one of at least 14 Orange County police departments that have a program requiring drunk drivers involved in a collision to pay for costs relating to emergency services as well as salaries of emergency personnel, according to a staff report. Anaheim, Huntington Beach, Costa Mesa and Los Alamitos have similar programs.

The proposed addition says that intoxicated drivers can be billed for all costs incurred by the city in responding to the incident. This includes salaries of the police and fire personnel, cost of equipment on scene, the cost of repairing or replacing equipment damaged at the scene, medical assistance, cost of investigations including conducting field sobriety tests and costs related to time spent transporting and booking the suspect, conducting chemical tests and writing reports.

Under the law, an intoxicated driver who causes an accident could face a bill as high as $12,000, according to the staff report. The ordinance also provides for an appeal process.

Police officials have said the current cost of a DUI arrest, including vehicle storage fees, license suspension, insurance rate increases, fines, DUI classes and other expenses, can add up to more than $10,000.  If you have questions for a DUI Specialist Orange County, call me, Robert Miller, at (877) 568-2977, anytime.

Related articles

• Orange County DUI Checkpoint Locations: Buena Park and westminster (ocduiblog.com)
• Orange County DUI Arrests go up (ocduiblog.com)
• Orange County DUI Checkpoints: Santa Ana (ocduiblog.com)

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A 41-year-old veteran San Diego Police Officer, David Hall, committed suicide.  He had been battling alcoholism and was depressed because he believed he would lose his job for a DUI hit and run crash he was involved in earlier this year.

In the report, investigators say Officer Hall was specifically worried about an upcoming hearing regarding his DUI case.

And before his suicide he didnt leave behind a note. In fact, he didnt give his wife Michelle or three kids any indication he was about to shoot himself in the backyard.

Which he did at about 9:40 in the morning, as his kids slept inside their Linda Vista home.

He was found by his wife who heard the gunshot as she was about to drive off to work.

The report also shows Officer Hall had quit drinking for five months following his DUI crash, but for some reason he relapsed shortly before his suicide.

“More people commit suicide after a DUI arrest than any other kind of arrest including rape-murder, said Psychiatrist Dr. Clark Smith, who believes Officer Halls relapse played a big role in his suicide.

“Often people who are very depressed drink a lot more and both factors increase suicide risk, Clark said.

Michelle agreed that the DUI played a major role in her husbands suicide.

“We went through such a tremendous ordeal in the last seven months, she said. “He knew what he did was wrong with the DUI and he was trying to fix his life by going to Alcoholics Anonymous, and in the end he felt like he had no other option.

Michelle also blames her husbands suicide on certain members of the media who she says hounded her family about the DUI case.

And she blames the D-As office saying, “I think the District Attorney was out to make an example of him. Sad.  But as a Los Angeles DUI lawyer, I see this too often.

Related articles

• News links: Philadelphia woman gets $12,000 gas bill; Pennsylvania liquor enforcement officer charged with DUI in Pittsburgh (pennlive.com)
• San Diego Police Officer Commits Suicide After Being Charged with Hit-And-Run (laist.com)
• Liquor Board Enforcement Agent Arrested For DUI (inquisitr.com)

Image via CrunchBase

Related articles

• Celebrity DUI Review (ocduiblog.com)
• Former major leaguer Curtis Leskanic arrested for DUI with daughter in car (hardballtalk.nbcsports.com)
• Celebrity DUI – Jamie Pressly settles her DUI case (ocduiblog.com)

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Our Criminal Lawyers Orange have learned that the Avoid the 38 Orange County DUI Task Force today announced it will join nearly 10,000 other law enforcement agencies nationwide in support of an intensive crackdown on impaired driving August 19 through September 5, known as “Drive Sober or Get Pulled Over”.

DUI Driver’s License Checkpoints, Multi-Agency DUI Task Force deployments and local Roving DUI patrols are scheduled locally, in partnership with law enforcement nationwide, during the Summer/Labor Day Campaign.  Call us at (877) 568-2977 if you have any questions.

Related articles

• Orange County DUI Checkpoints: San Clemente (ocduiblog.com)
• Orange County DUI Checkpoints: (ocduiblog.com)
• Orange County DUI Checkpoints: Newport Beach (ocduiblog.com)

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As a DUI specialist Orange County, I get asked a lot whether or not it’s better to take a breath test, or a blood test, and I usually give the advice to choose breath.  (Although there is a split of opinion on that, and some attorneys recommend blood).  The presence of mouth alcohol, temperature, partition ratios, and the math effort used to convert breath to a blood alcohol level gives some room for argument.

One of the best ways to lower a breath test, however, is to hyperventilate, which cools the airways and, as breathalyzers are temperature dependent, makes for a lower test.  The academic studies seem to bear this out:

“…a group of men drank moderate doses of alcohol and their blood-alcohol levels were then measured by gas chromatographic analysis of their breath. The breathing techniques were then varied.The results indicated that holding your breath for 30 seconds before exhaling increased the blood-alcohol concentration (BAC) by 15.7%. Hyperventilating for 20 seconds immediately before the analyses of breath, on the other hand, decreased the blood-alcohol level by 10.6%. Keeping the mouth closed for five minutes and using shallow nasal breathing resulted in increasing the BAC by 7.3%, and testing after a slow, 20-second exhalation increased levels by 2%. “How Breathing Techniques Can Influence the Results of Breath-Alcohol Analyses”, 22(4) Medical Science and the Law275.For another study with similar findings, see “Accurate Measurement of Blood Alcohol Concentration with Isothermal Breathing”, 51(1) Journal of Studies on Alcohol 6.

Dr. Michael Hlastala, Professor of Physiology, Biophysics and Medicine at the University of Washington has gone farther and concluded:

“By far, the most overlooked error in breath testing for alcohol is the pattern of breathing….The concentration of alcohol changes considerably during the breath…The first part of the breath, after discarding the dead space, has an alcohol concentration much lower than the equivalent BAC. Whereas, the last part of the breath has an alcohol concentration that is much higher than the equivalent BAC. The last part of the breath can be over 50% above the alcohol level….Thus, a breath tester reading of 0.14% taken from the last part of the breath may indicate that the blood level is only 0.09%.” 9(6) The Champion 16 (1985).

The one thing that seems pretty clear is that holding your breath (which police sometimes ask you to do) results in a much higher test.  That can make the difference between being over the limit and under the limit.  Be careful out there, and if you need an attorney, my number is (877) 568-2977.

Related articles

• Alcohol levels can make a big difference (sfgate.com)
• Who Gets Drunk and Why (online.wsj.com)
• New Alcohol Management Feature on the LifeGuard Personal Breathalyzer Helps People Manage their BAC (prweb.com)

The following are a few factors which make DUI all the more challenging for women

Alcohol absorption comparison – Men VS Women

It is proven fact that alcohol consumption varies from one person to another. This is due to the number of variables and the individual metabolism of different people related to alcohol consumption. There is a lot of difference in alcohol consumption in men and women. As women have less water and more fat tissue in their bodies the women reach a higher BAC faster as compared to men. The lower proportion of lean body mass in women also causes the alcohol to absorb more rapidly than men. The women have lower body water content in comparison to men of equivalent built, which results in higher concentration of alcohol. This happens because a given amount of alcohol when consumed typically has to diffuse uniformly into the overall water content of the body. So lower the body content level, higher is the alcohol concentration.

Women are more susceptible to higher BAC

As women are seemingly low on the ADH enzyme, this is another reason why alcohol affects women differently than men. In general women metabolize alcohol more slowly. Due to the low ADH enzyme in women a considerable portion of the alcohol consumed remains undigested, and before it can be converted to acetate, it makes it way to the blood system.

The fluctuations in harmonic levels which women undergo during their menstrual cycle also affect the rate of their alcohol metabolism. Women can be more susceptible to higher blood alcohol concentrations at different points in their menstrual cycle, for instance they would experience their highest BAC during their premenstrual stage. Body temperature of women during their premenstrual stage and during menopause is also a factor which affects the BAC and can cause a result to be over stated. Every degree above the average breath temperature, in California assumed 34 degree Celsius, could result in over 6% result variation on the higher side. Another reason of higher BAC in women can be attributed to the harmonic fluctuations caused by the intake of birth control pills.

Same alcohol evaluation standards for women

Despite these obvious differences in the manner which alcohol affects men and women the field sobriety testing and chemical testing are not developed for testing women differently. The breath testing equipment currently being used have a set standard of testing an average man’s BAC, hence the chances of inaccurate results greatly increase when it comes to testing of a woman’s blood alcohol level.

Author Bio

Richard Jacobs is a chief editor since early 2007, and he currently works for myduiattorney.org. A webiste that helps you to find the right DUI lawyer, you can search for a Phoenix DUI Lawyer online, anytime!

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The lights are flashing, the officer comes over to your car, and you think about those two drinks you had.  If you even think you might have alcohol, and are stopped or arrested for DUI, the right thing to say isn’t “Officer, can you hold my beer?”, but instead follow these six things you should NEVER do.

1. Be Zen, and Don’t Admit anything.

Should you quickly pop mints, Listerine strips, gum, or even reach below the seat for that flask that you’ve kept concealed for just this situation (so that the police can not demonstrate when the alcohol was consumed)? Reaching all around frantically in your vehicle for anything at all, (specially something shiny and metal) as the officer approaches your automobile is a excellent way to increase your odds of getting shot. Roll down all your windows, (this also airs out the automobile), flip on your interior lights, put your hands at the “10 and 2″ position, high on the steering wheel, and don’t get out of the automobile.

Now is also not the time to go into particulars about nearly anything. Despite the fact that it’s hard, a refusal to respond to questions is legal.  More than that, it’s smart, as your answers can’t be used against you, underneath the US Constitution’s Fifth Amendment. So do what any judge or attorney would advise you to do – politely refuse to response any issues, and inform the police that a Newport Beach DUI lawyer (me) advised you not to respond any questions .

2. Politely refuse the Field Sobriety Exams (FSTs).

In California, the FSTs are optional, and voluntary. They are intended to give the police proof to assist a determination of probable cause that you had been under the influence, and can be refused without any consequence. Area sobriety assessments include the walk and turn examination, horizontal gaze nystagmus (watching a pen, flashlight, finger with your eyes), the one leg stand, and even a PAS (preliminary alcohol screening device) test.

Even so, make positive that you know that under California law, there are consequences for refusing an evidentiary test, which is different than a PAS test.  So, the smart thing to do is to politely refuse the field test, politely request a breath or blood test at the station, which offers you much more time to burn off off alcohol.

3. Do not, ever, at any time, miss your court date.

Do not ever before miss your court date, ever, ever, period.  It can lead to additional costs, and a warrant for your arrest, and just makes you look irresponsible to the court.

4. Don’t miss the DMV deadline.

The DMV has a sneaky 10 day deadline to request a hearing, or lose your license, and it’s buried in the fine print of your license.  They are very strict about this requirement, so don’t miss it.

5.  Don’t assume you can’t fight a DUI case, or that it’s helpless.

Make certain you go over ALL defenses in your case, during a free consultation with a DUI Specialist, to see if, and how, your DUI matter can be dismissed, or reduced to a charge that can end up saving countless dollars in fines and fees, and keep you from a criminal record, or points on your driving record. There are a lot of defenses to DUI cases, which include defenses specific to breath testing or blood testing.  The time to explore your defenses is now, not a year later, when you see how much pleading guilty in your DUI case hurt you.

6. Don’t Defend Your self

You may possibly be contemplating defending yourself in court, but that is definitely not a good idea. You’ve heard the saying that a man who defends himself has a fool for a client, and, well… it’s true.  It really is significantly better to have an attorney who is familiar with the law, and skilled with the court exactly where your case is in. Trying to tackle something as complex as DUI by your self is a bad, bad move.

If your circumstance is in Orange County, you really should strongly consult with one of the very best Orange County DUI Lawyers in the location, and get guidance from a DUI Specialist Orange County, to conserve your license and remain out of jail.

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Our Orange County DUI Lawyers have learned that, as part of California’s first Distracted Driving Awareness Month in April, Police Departments in Orange County, including the Newport Beach Police Department, Costa Mesa Police Department, and Huntington Beach Police Departments will be emphasizing “zero tolerance enforcement” for cell phone use and texting while driving.

Distracted driving is a serious traffic safety concern that puts everyone on the road at risk, joining speeding and alcohol as leading factors in fatal and serious injury crashes.  As a result, law enforcement across the state, are increasingly cracking down on cell phone use and texting.  Starting April 4 th  and throughout the month,  over 225 local agencies plus 103 CHP Area Commands conducting zero tolerance enforcements, many of which will result in Orange County DUI arrests.

Drivers who use hand-held devices are four times as likely to get into crashes serious enough to injure themselves.  Younger, inexperienced drivers under 20 years old have the highest proportion of distraction-related fatal crashes.   In addition, studies show that texting while driving can delay a driver’s reaction time just as severely as having a blood alcohol content of a legally drunk driver.

What’s interesting about this is the discrepancy in punishment.  A “TWD” (texting while driving) ticket costs $159.  A DUI can cost a criminal record, plus $13,000 in fees.  If law enforcement recognizes distracted driving as just as dangerous, and says that the purpose, then, is protection of the public through deterrence of dangerous conduct, then, why is the focus today solely on alcohol?  As I’ve mentioned in previous posts, numerous studies all indicate that, for example, driving while using a cell phone, distracted driving (eating, putting on lipstick in the rear-view mirror) and driving while drowsy are at least as dangerous as drunk driving.  Yet we largely ignore these types of life-threatening conduct, while continuing to focus laws and law enforcement on drinking and driving.

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As Los Angeles DUI lawyers, We see celebrity DUI cases play out in the media, often with seemingly light or no criminal penalties. You may wonder what the potential criminal penalties for a DUI in California and what is the likelihood of such charges being brought?

Driving under the influence (DUI) sentencing occurs primarily within an alternative sentencing scheme under which offenders receive progressively more severe penalties for each successive DUI-related conviction.

Absent special circumstances, anyone arrested for driving under the influence of alcohol, drugs, or both is charged with violating Veh C §23152(a), commonly referred to as the “DUI count,” and is prosecuted for a misdemeanor. Veh C §§23536-23552. If the arrestee submitted to a blood-alcohol test and the results show a blood-alcohol content (BAC) of 0.08 percent or more, he or she will also be charged with violating Veh C §23152(b), commonly called the “0.08 per se count.”

Depending on the circumstances, other potential charges include:

• Driving a commercial vehicle by a person with a BAC of 0.04 percent or more. Veh C §23152(d). See Veh C §23153(d).
• Driving while addicted to any drug other than methadone. Veh C §23152(c). See Health & S C §11550 (being under influence of narcotic).
• Illegally or negligently causing bodily injury to others while DUI. Veh C §23153(a)-(b). This section is a “wobbler,” i.e., chargeable, at the prosecuting agency’s discretion, as either a misdemeanor or a felony.
• Child endangerment if a child was in the vehicle. See Pen C §273a.
• Driving with.01 or greater BAC if on probation for a DUI-related offense; the arrest will trigger an administrative hearing and possible suspension of license. Veh C §23154.

When a DUI results in a homicide, other statutes may come into play, with obviously much more serious penalties, including:

• Pen C §192(c)(1)-(3) (vehicular manslaughter), a wobbler, when death resulted from gross or ordinary negligence;
• Pen C §191.5(a) (vehicular manslaughter with gross negligence), a felony, when death resulted from criminal negligence; or
• Pen C §§187-189 (second degree murder), a felony with an indeterminate life sentence, when the defendant acted with implied malice. (note that second degree murder is normally not charged in DUI cases because it is difficult to establish implied malice; however, when the defendant has prior DUI convictions, they can be used to show that the defendant knew the dangers of drunk driving. See People v Marlin (2004) 124 CA4th 559, 21 CR3d 470).

Don’t think that kids can get away with a DUI. In fact, juveniles who drive while under the influence are subject to prosecution, as are adults who lend their cars to such juveniles. See Veh C §23140; Pen C §193.8. The minimum required BAC for a person under age 21 to be DUI is even lower — at only 0.05. Veh C §23140.

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Typically, when a person is convicted of DUI as Ms. Lohan was, the judge does not impose the full jail sentence permitted for the offense and instead imposes certain terms of probation and reduced or no jail time. For example, the maximum sentence permitted for a first DUI is 180 days in county jail; the maximum sentence permitted for a second DUI that occurred within 10 years of the first is 1 year in county jail.

During the probationary period (standard is three years), the person may be required to do certain things and/or may be required to refrain from doing other things. Common DUI probation terms include attending Alcoholic Anonymous classes; attending an alcohol or drug awareness program; spending a day at the morgue; payment of a fine; and agreeing not to drive with any measurable amount of alcohol in your system. As of July 1, 2010, anyone convicted of a DUI for the first time in Los Angeles County (and a few others) must also install an Ignition Interlock Device – a small breathalyzer attached to the car ignition that prevents the car from starting if any alcohol is detected in the driver’s blood.

If a person on DUI probation fails to comply exactly with the terms of probation set by the court, the judge will hold a hearing and may impose some or all of the jail sentence that he chose not to impose originally. So, in Ms. Lohan’s case, because the judge found that she failed to comply with the probation requirement that she attend weekly alcohol classes, the judge sentenced her to 90 days in jail and 90 days of rehab for violating her probation.