Tag Archives: Drunk driving in the United States

Westminster DUI provision may cost drunk drivers more

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Our Orange County DUI Attorneys have learned that the City Council on Wednesday will consider an addition to an existing ordinance that clearly defines what types of emergency response costs would be billed to drunk drivers who cause accidents.

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.

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How to beat a breathalyzer

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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.

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Celebrity DUI Arrest: Samantha Ronson arrested for DUI

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Another Celebrity DUI arrest!  Ex-Lindsay Lohan lover Samantha Ronson’s DUI arrest on Monday has made headlines, partially because of the mugshot that came out of the ordeal. Ronson was arrested after she was pulled over in Baker, California.

Ronson, 33, was driving a Porsche. Officers at first stopped her because of her driving speed. She had been going about 19 miles above the posted speed limit of 70 miles per hour.

Well, once pulled over, officers suspected that she was also under the influence, reportsUS Weekly.

The arresting officers gave her a balance test. The DJ showed some signs of being intoxicated at the time, according to US Weekly. She was then arrested after she refused a breathalyzer test, though reports are that while at the police station she tested above the legal limit, the Los Angeles Times reports.

Officers say that she was both friendly and cooperative with law enforcement during the arrest. Maybe her generally congenial attitude towards her arrest is why she was able to crack a half-smile in her mugshot photo.

Ronson admitted that she had been drinking alcohol earlier. She was arrested at around 10:30 a.m. Monday morning, and claimed that she had been drinking late that night or possibly early in the morning, and was on her way home from Las Vegas when she was pulled over, reports Us Weekly.

Will Ronson get leniency with this recent run-in with the law? Maybe, if she doesn’t have a prior history of drunk driving. Though, for sure, Samantha Ronson’s DUI seems to pale in comparison with her famous ex’s legal woes: Lindsay Lohan has gotten into a whole lot of trouble with the law for drugs, alcohol, and shoplifting. While Ronson was arrested, she was released the same day, reports US Weekly.

We looked at the booking sheet and made note of the fact that Ronson, who’s listed as 5’7″ and weighing 102 pounds, was pulled over for speeding in her black Porsche around mid-morning.  The arresting officers administered a field sobriety test which Ronson failed at abysmally, and when they pulled out a breathalyzer, she adamantly refused, prompting her immediate arrest.

Ronson had just left Palazzo Hotel’s Lavo nightclub in Las Vegas where she had a gig the night before.  Maybe you’re not a celebrity arrested for DUI (or dumb enough to drive drunk 200 miles from Las Vegas at 10am), but if you need the services of our Newport Beach DUI Lawyers, call anytime at (8777) 568-2977.

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Celebrity DUI Arrest: Flo Rida

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Our Newport Beach DUI Lawyers have learned that Flo Rida was arrested for DUI, making him the newest Celebrity DUI arrest.

He was pulled over by police at 3:30am driving his 1.7 million dollar Bugatti.  The officer noticed that he smelled like booze and administered a sobriety test.  When he was asked to walk a straight line Flo Rida said “I don’t feel like I can do this, I’ve had a few drinks.  Let’s try another test,”  and tried to convince them that he was cool to drive home.   Not so much.  He ended up blowing over by twice the legal limit.

No word yet on if he was swerving so bad that his car went “right round.”

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Orange County DUI Checkpoints: Costa Mesa after report

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The Costa Mesa Police Department conducted a DUI/Drivers License Checkpoint on Monday, June 13, 2011, on Baker, between Bristol and Bear streets.

By asking the press, including our Orange County DUI Lawyers, to publicize these educational and enforcement efforts, the Costa Mesa Police Department believes motorists are deterred from drinking and driving.

DUI checkpoints are not nearly as effective as roving patrols, and this DUI checkpoint proves it. Despite almost 1,500 motorists inconvenienced, the only DUI arrest made at the checkpoint involved a 26-year old Costa Mesa resident on DUI probation stemming from a previous DUI arrest less than a year ago, making this his third DUI during his short driving experience.

One driver was arrested for an outstanding DUI warrant and another driver was arrested for possession of a switch blade knife and brass knuckles.

The total stats are:
1467 Vehicles through the checkpoint
858 Vehicles screened
3 Drivers given field sobriety tests
1  DUI suspects arrested
1 DUI warrant served 1 Deadly weapons arrest
30 Driver’s license investigations
27  Citations issued
13 Vehicles towed

DUI challenges for Women in Orange County

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For a woman a DUI arrest in Orange County can be quite a terrifying and upsetting experience. If you have been pulled over for a suspected DUI offence, you are at a risk of being arrested and charged with drunk driving. Especially due to the fact that opportunities given to you for proving your innocence or sobriety by way of a field sobriety test or a blood or breath test do not always render accurate results.

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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Costa Mesa sets two DUI checkpoints in two days

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Our Orange County DUI Lawyers have learned that the Costa Mesa Police Department Traffic Safety Bureau will be conducting DUI/Drivers License checkpoints on Wednesday, April 27 and Thursday, April 28th, 2011 between the hours of 6:00 p.m. and 12:00 a.m. in the 2300 block of Placentia Avenue and on Sunflower Avenue at Anton Boulevard.  DUI checkpoints are a proven enforcement tool effective in reducing the number of persons killed and injured in alcohol involved crashes, as well as being a valuable means for heightening awareness of the dangers of impaired driving.

The checkpoint locations were selected because two lives were lost to DUI collisions at these locations over the past three years.  Since January 2008, DUI collisions in Costa Mesa have killed two people and injured 260 more.   Statewide, overall traffic deaths from DUI declined dramatically by 23 percent, from 3,995 in 2007 to 3,081 in 2009.  Total traffic fatalities are at their lowest levels in six decades, when the federal government began compiling figures.  
Officers will be checking drivers through the checkpoint for signs of alcohol and or drug impairments.  Officers will check for proper licensing and will strive to impact motorists only momentarily. If officers suspect that a driver has been drinking or is impaired, they will conduct a field sobriety test.  If you fail, expect jail, vehicle storage fees, license suspension, insurance rate increases, along with fines, fees, DUI classes, other expenses that can exceed $10,000.

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Orange County DUI Checkpoint Location: Lake Forest

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Our Newport Beach DUI Lawyers have learned that the Orange County Sheriff’s Department will be conducting a DUI/Drivers License Checkpoint in the City of Lake Forest on Friday, February 11, 2011, from 6:30 p.m. until 2:30 a.m.

DUI checkpoints are not a very effective  enforcement tool in reducing the number of persons killed and injured in alcohol involved crashes, but provide substantial funding from federal and state funds, and contributions from MADD (Mothers Against Drunk Driving).  UC Berkeley found that impound fees earned by police agencies from 30 day or longer impounds can provide substantial income to law enforcement.

Officers will be checking drivers through the checkpoint for signs of alcohol and or drug impairment and may conduct a field sobriety test.  For those that fail, expect that jail, vehicle storage fees, license suspension, insurance rate increases, along with fines, fees, DUI classes, other expenses that can exceed $10,000.

In 2010, all 8 of the officers on the DUI enforcement team made at least 100 DUI arrests that year.  If you have questions for our Orange County DUI Lawyers, contact us at the firm, toll free, at (877) 568-2977

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Orange County DUI Checkpoint Locations: Costa Mesa

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As a DUI Specialist Orange County, I get information on DUI Checkpoints, and I’ve learned that the Costa Mesa Police Department Traffic Safety Bureau will be conducting a DUI/Drivers License checkpoint on Saturday, February 12, 2011, on Newport Boulevard at Flower Street between the hours of  7:00 p.m. and 1:00 a.m. DUI checkpoints are not a very effective  enforcement tool in reducing the number of persons killed and injured in alcohol involved crashes, but provide substantial funding from federal and state funds, and contributions from MADD (Mothers Against Drunk Driving).  UC Berkeley found that impound fees earned by police agencies from 30 day or longer impounds can provide substantial income to law enforcement.

Officers will be checking drivers through the checkpoint for signs of alcohol and or drug impairment and may conduct a field sobriety test.  For those that fail, expect that jail, vehicle storage fees, license suspension, insurance rate increases, along with fines, fees, DUI classes, other expenses that can exceed $10,000.

In 2010, all 8 of the officers on the DUI enforcement team made at least 100 DUI arrests that year.  If you have questions for our Orange County DUI Lawyers, contact us at the firm, toll free, at (877) 568-2977

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Orange County DUI Checkpoint Location – Buena Park (Superbowl Edition)

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Aside from Avoid the 38 roving patrols all over Orange County, our Orange County DUI Lawyers have learned that there’s a DUI Checkpoint from from 6 p.m. Sunday to 2 a.m. Monday at 6640 Beach Blvd., right in front of the Buena Park City Hall complex.

Those who fail the test face jail, fines, DUI classes, license suspension, court appearances, vehicle-storage fees and higher car-insurance rates. It’s been calculated one such infraction can set a driver back $10,000.

The Buena Park operation, like others in Orange County, is funded by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. (Speaking of DUI checkpoints in Orange County, if you ever hear of any I haven’t posted, please shoot me an email at rmiller [at] expertlawfirm [dot] com.  I’ll answer if I’m not in a bar.)

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