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DUI laws, being more of a political animal than a legal one, are something that California politicians tinker with each and every year, without fail.  This year, 2012, two measures signed into law alter DUI penalties in noteworthy ways.  Consider this our New Year’s Gift to you from our DUI lawyers Orange County.

AB 353 prohibits law enforcement from impouding a vehicle at a sobriety checkpoint if the driver’s only offense is not having a valid driver’se license.  Police must also make a reasonable attempt to identify the registered owner of the vehicle in order to release the vehicle to the registered owner or to a licensed driver authorized by the registered owner.

AB 520 allows a person convicted of alcohol related reckless driving (known as a “wet reckless”) to apply for a restricted license early if he or she complies with specified requirements, including the installation of an ignition interlock device.  If you have questions for a DUI lawyer Newport Beach, call me at (949) 682-5316.

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Two laws regarding DUI offenders will go into effect on New Year’s Day, 2010. The “Ignition Interlock Device” law establishes a pilot program in several counties, including Los Angeles, requiring the installation of ignition interlock devices on vehicles owned or operated by an individual convicted of any DUI offense. The device prevents vehicles from starting if alcohol is detected on the driver’s breath. Another bill will give repeat DUI offenders the opportunity to apply for a restricted driver’s license if they install such devices.

If you have any questions about the current status of the law of DUI in 2010, contact our Orange County DUI Lawyers at (714) 568-1560 anytime.

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UPI article appears at

http://www.upi.com/Odd_News/2009/01/20/Ice-cream-causes-positive-alcohol-test/UPI-40821232496582/, and also below:

FRANKSTON, Australia, Jan. 20 (UPI) — An Australian man challenged to prove his claim that ice cream gave him a blood alcohol reading demonstrated his defense in court.

Nearly 13,000 Americans die in traffic accidents every year. Now Mothers Against Drunk Driving (MADD) is opening a new front in its war on drunk drivers, and it’s getting help from the Alliance for Automobile Manufacturers and the Insurance Institute for Highway Safety.

A new highway bill pending before Congress would instruct all 50 states to require all motorists convicted of driving under the influence to equip their cars with interlock systems that shut down a vehicle when a measured amount of alcohol is detected.

There are already about 150,000 interlock systems now in cars in the U.S., placed there for drivers with multiple DUI convictions. But the proposed mandate would expand the use of interlock systems exponentially; MADD’s statistics indicate that nearly 1.5 million Americans are arrested annually on DUI charges, making it the No. 1 crime for which Americans are arrested.

States wouldn’t have to abide by the ruling, but there would be heavy pressure to conform, since states that don’t adopt the mandate could lose their highway funds. “The national 21 minimum drinking age and the .08% law [for allowable alcohol in the bloodstream] both resulted from federal highway sanctions. History tells us that this approach works,” says Laura Dean-Mooney of MADD. So far only 11 states require interlocks for anyone with one conviction who is currently driving on a DUI-restricted license.

Opponents of the MADD push for stricter laws warn that a federal interlock requirement would serve as a Trojan horse, opening the way for even more sophisticated interlock technology that would be required on every car sold in the U.S., according to Sarah Longwell, managing director of the American Beverage Institute, which lobbies on behalf of taverns and restaurants. “If you go to the ball game and happen to have a beer you wouldn’t be able drive home,” she says.

Like those “Objects may be closer …” warnings on outside car mirrors, opponents warn that brave new technology may be nearer than it appears. Nissan is now testing various systems that don’t even require a Breathalyzer to detect drinking. One system uses a tiny camera to observe facial expressions, another system being tested checks blood alcohol levels though sensors when the driver grasps the shift control and a third system uses the car’s internal computer to calculate if a motorist is steering erratically. Ford already has a system that allows parents to limit the speed of a vehicle driven by a youthful motorist, and Mercedes-Benz‘s new E-Class comes with a system that issues an audible warning if the driver gets drowsy.

MADD president Chuck Hurley doesn’t deny he would like to see such systems put into service, but says wider use of such technology is 10 years off, and MADD isn’t calling for automakers to install it now. Current Breathalyzer technology, he said, would make a big difference almost immediately. In New Mexico, for example, DUI fatalities have been reduced 35% since the state began requiring all convicted DUI offenders to use an ignition interlock device. “Studies have shown alcohol ignition interlocks to be effective in reducing recidivism,” concurs Adrian Lund, president of the Insurance Institute for Highway Safety.

In continuing to look for ways to curb drunk driving, MADD is emphasizing its negative economic impact. MADD estimates that drunk driving now accounts for 18% of the nation’s auto-insurance bill and 20% of all emergency-room costs that are never reimbursed, as well as 16% of all probation costs and 6% of all jail cells used in the U.S.

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Tejano star was charged with drunk driving in Houston last year following bus crash.

Tejano singer Emilio Navaira turned himself in to Houston police last weekend to answer for a Texas drunk driving charge. As the District Attorney did not consider Emilio a flight risk, he was allowed to post a $5000 bond and ordered to appear in court this Friday.

Emilio was driving his band’s tour bus on March 23, 2008 when he slammed into traffic barrels around 5:00 am on Interstate 610 on the west side of Houston. The Grammy Award winning star was thrown through the windshield, resulting in life threatening head injuries. Six passengers in the bus were also injured. During an investigation of the accident, police determined that Emilio had a blood alcohol content of .019% and did not have a license to operate a bus.

Because Emilio’s head injuries were so severe, the DA was not certain if the singer would ever be competent to stand trial for alleged driving while intoxicated in Texas. With continued mental improvement, the DA elected to file formal TX DWI charges.

Emilio was convicted of drunk driving in Texas in 2000 and has another open case for DWI in San Antonio. Following the arrest in Bexar County, Emilio said he did not own a vehicle, which kept him from having to install an ignition interlock device as required by Texas DWI law for repeat offenders.

If convicted of Class A Misdemeanor for driving while intoxicated, Emilio faces a $4000 fine and up to two years of probation or 1 year in jail.

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Image by FrogMiller via Flickr

Los Angeles, CA, January 11, 2009 –(PR.com)– A proposed California law that would require the use of an ignition interlock device by convicted DUI drivers would prevent drunk driving and make the state’s roads safer for everyone.

The bill, known as “Matt’s Law” in honor of the son of Mary Klotzbach, who was killed by a drunk driver, was introduced at a Sacramento press conference by its sponsor, Assemblyman Mike Feuer. Smart Start of California, the state’s leading provider of ignition interlock devices, was there to demonstrate the equipment.

An ignition interlock device is equipment installed into a vehicle that prevents the car from starting if the driver is unable to provide a breath sample within a preset limit – often any alcohol at all. The driver must also perform periodic “rolling retests” throughout the trip.

Ignition interlock devices effectively separate drinking from driving. IIDs are safe, effective, and protect all of us without any cost to the taxpayer – the cost of installing and maintaining the device is paid by the DUI offender.

Laws went into effect on January 1 in six states that require DUI drivers to use ignition interlock devices. First-time DUI drivers in Alaska, Colorado, Illinois, Nebraska and Washington state must use ignition interlock devices if they want to continue driving. Repeat DUI drivers in South Carolina will be required to use the devices.

In 2005, New Mexico became the first state in the nation to require mandatory ignition interlock device use by first-time drunk drivers. Currently, at least 45 U.S. states have some kind of provision to require convicted drunk drivers use ignition interlock devices.

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