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Orange County DUI Checkpoints – Costa Mesa results in 8 Orange County DUI Arrests

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A sobriety and driver’s license checkpoint over the weekend resulted in eight DUI arrests in Costa Mesa, police said.

Costa Mesa police conducted the checkpoint between 8 p.m. Saturday and 2 a.m. Sunday on Harbor Boulevard and Peterson Place.

A Kranz (wreath) of Kölsch beer.

Don't finish the tray before heading into an Orange County DUI Checkpoint

Nearly 2,500 vehicles went through the checkpoint and about 300 vehicles were screened, police said.

Police said seven people were arrested on suspicion of driving under the influence of alcohol and one person was arrested on suspicion of driving under the influence of drugs.

Other arrests included six people who were cited or arrested for operating an unlicensed vehicle or while driving with a suspended or revoked license.

Three other drivers were cited for vehicle code violations.

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Penalties for a DUI in California

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A wreath Kolsch Beer - LA Times of Kölsch.

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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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Orange County Police Agencies declare 2010 as the Year of the Checkpoint

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Law enforcement officials earlier this year declared 2010 to be the “Year of the DUI Checkpoint.”

College students are of the many participants in growing DUI statistics in California.

Cal State Fullerton student Brandon Salgado, business major, is just one of many students to experience receiving a DUI.

On the night of his DUI, Brandon had met with one of his friends for dinner. He drank five margaritas and one shot of tequila before he left the restaurant.

“I realized that I was buzzed, but I had never really taken a breathalyzer and didn’t really understand what .08 felt like,” Salgado said.

He was pulled over by police when he was driving through Irvine on his way home to Ladera Ranch. When the police officer asked if Salgado had been drinking he said no. The officer pulled out a light and ran it back and forth across his eyes. Salgado was asked to get out of the car.

“He explained that my eyes ‘fluttered’ and that was a sign of being under the influence. When he brought out the breathalyzer, I blew into it, and soon after he put the cuffs on my hand,” Salgado said. “He was frustrated with me because I had not been honest, but was being a little more sympathetic once he had me in cuffs.”

Salgado was taken to Santa Ana jail, where he was given a blood test. But the amount of alcohol in his blood stream was too high, he was going to receive a DUI.

“Then I was placed in a holding cell with the rest of the people that had been admitted,” Salgado said. “The rest of the night was spent moving me into different cells, usually with people who also had been brought in for DUI.”

Consequences for DUI offenders persists even after jail time.

“I had to attend (Alcoholics Anonymous) classes once a week for about a month and a half and the classes lasted about seven hours,” Salgado said. “In the end, it ended up costing thousands, between actual DUI fines, classes and towing fees.”

The $10,000 ride home is usually a lesson learned for many people who have received a DUI.

“It’s a very sobering experience. You can’t drive for six months and it’s very job limiting because you can’t get a job outside of the neighborhood. It’s depressing,” said Damon Laguna, 32.

Tom Lavelle, 20, said he knows 30 people that will not drink and drive when they hear about his DUI experience.

“I feel like the whole thing was a learning experience,” Salgado said. “I have driven at times that I know I was more intoxicated than this unfortunate night. Also, I believe that after this experience, I have been more responsible about letting my friends drive. It was an expensive learning experience.”

Orange County DUI Checkpoints – Costa Mesa

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Our Orange County DUI Lawyers have learned that the Costa Mesa Police will be stopping cars at Bristol Street and Randolph Avenue from 6 to 11 p.m. Tuesday to check drivers’ licenses and look for drunk drivers.

Advance publicity of the DUI checkpoints is one of the criteria California courts use in determining the legality of a checkpoint if it ends up being challenged.

The high courts have not ruled on the legality of stopping cars to check for drivers’ licenses, but have upheld DUI checkpoints for two decades, even if they are not as effective as DUI roving patrols, our Newport Beach DUI Lawyers think.

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Escondido DUI Checkpoint announced

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DUI / Drivers License Checkpoint Scheduled

The Escondido Police Department announced today they will be holding a DUI/Driver’s License checkpoint on Friday, April 9, 2010, from 6:00 PM to 1:00 AM in the City of Escondido.

“Make no mistake. Our message is simple. No matter what you drive—a passenger car, pickup, sport utility vehicle or motorcycle—if we catch you driving impaired, we will arrest you. No exceptions. No excuses,” said Police Chief Jim Maher.  “We will be talking to drivers, making sure they are not impaired, arresting those who are, and getting the word out that impaired driving and driving without a valid license is not acceptable in Escondido.”

The consequences of a DUI anywhere is serious and real. Not only do you risk killing yourself or someone else, but the trauma and financial costs of a crash or an arrest for driving while impaired can be significant. Violators face jail time, the loss of their driver’s license, higher insurance rates, and dozens of other unanticipated expenses.

Funding for this checkpoint comes from the California Office of Traffic Safety through the National Highway Transportation Safety Administration.  Brought to you by the Orange County DUI Lawyers at Miller and Associates.

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Imperial Beach DUI Checkpoint tonight, December 16, 2008

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Drunken drivers targeted on Imperial Beach street

By Janine Zuniga
UNION-TRIBUNE STAFF WRITER

8:44 a.m. December 16, 2008

SAN DIEGO — Sheriff’s deputies in Imperial Beach will target drunken drivers with a DUI and driver’s license checkpoint tonight.

The effort is called “Drunk Driving, Over the Limit, Under Arrest.” The checkpoint will be at Ninth Street and Palm Avenue from 7 tonight to 2 a.m. tomorrow.

Sheriff’s officials say vehicles driven by those without a license or on a suspended license will be placed on a 30-day hold. Storage can cost up to $1,500.

Funding for the checkpoint was provided by the Office of Traffic Safety through the National Highway Traffic Safety Administration. –J.Z.

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