Problems with DUI Breathalyzers

It's amazing how many times I have heard an "expert" testify that the breath device used in a DUI case is accurate, because it has so many safeguards that if it wasn’t working properly it wouldn't give a result. Obviously, that's not the case with the Alco-Sensor V used in Ventura County where hundreds of DUI convictions will be overturned and others will never have charges filed against them. Ventura County bought this device in January and since this time they have discovered that the Intoximeters’ breath device has been giving inaccurate readings.

Orange County law enforcement agencies also use one of Intoximeters’ breath devices, the Alco-Sensor XL IV, which is the same manufacturer as Ventura's Alco-Sensor V. The testimony I have repeatedly heard by the District Attorney's expert during DUI trials is that the amount of alcohol my client drank is inaccurate, because the machine is always right. The breath machine has the necessary "safeguards" such as the 15-minute observation period, the calibration and accuracy checks, the .00 reading prior to testing, the deep-lung blow, the two tests within a .02 of each other and on and on- "we have all these safeguards and we have two tests, the machine, not your client, is the one telling the truth". This is probably what they were testifying to the jurors in Ventura County until just recently when they discovered an issue with the mouthpiece of the DUI Breathalyzer.

So when you're sitting in that jury box and you're listening to the District Attorney's "expert" while they tell you that the breathalyzer is accurate by explaining all the “safeguards” and ultimately ending with “it gave two results”, please think again.

For more information on DUI visit: DUI Charges

Expungements

Completing an application? A common occurrence, whether for school, new employment, advancement in employment, loans, and so forth. Then the question appears, “Have you ever been convicted of a crime?” So vague and unassuming, you just want to put “no” and move on, but should you… or will that DUI, drug issue, bar fight, or other mishap from decades ago show up right when you least need to be reminded of that indiscretion. Clean your record once and for all. There are various terms for cleaning your record, but the most common choice is a Motion to Expunge made under Penal Code section 1203.4. Terminology may be used such as sealing a record, which only occurs if the indiscretion occurred as a juvenile, or a Pardon, which only occurs if the person went to prison. Most, however, will need a Motion to Expunge. This process takes place after a person has completed all of the terms of probation, and where a felony conviction occurred, after the felony has been reduced to a misdemeanor. The Judge will then allow the convicted person to withdraw their plea of guilty or finding of guilt, and the Judge will then dismiss the case against them. Some charges do not qualify for an expungement such as a few vehicle code violations and some sex offenses. Other terms of the plea will not disappear such as driver’s license conditions and the inability to possess a firearm. In addition, if you are completing a government or state application, an expungement will not seal the record for those eyes and you must disclose the previous conviction. However, for the most part, a record may be completely expunged, and when asked if you have a misdemeanor or felony conviction, you can simply put “no”. Click here for more information on expungements

DUI Checkpoint App Ban

A few Senators sent a letter to Google, Apple and Research In Motion to remove their DUI Checkpoint Apps from the marketplace. These apps provide information on DUI checkpoint locations or allow drivers to alert each other of DUI locations. The Senators lament that apps alerting users of DUI checkpoints are "harmful to public safety".



However, what the Senators fail to mention, is that this information is readily available to anyone who takes the time to do a little research. These apps simply speed up the research process. By law, police agencies must notify the public of a pending checkpoint. They usually do so in the form of a press release. So for example, go to the Irvine Police Department web site and hit the tab for "press releases". Here, they post all their media notices to the public, including a March 16th entry that advises that on March 17th a checkpoint will be held near Jamboree and Alton in Irvine. One of the steps required in order to have a legal checkpoint is prior notice to the public. Checkpoints are not a secret and as the statistics show checkpoints have not reduced the DUI numbers. The California Office of Traffic Safety keeps statistics on the number of DUI arrests, checkpoints and all traffic safety issues. ( http://www.ots.ca.gov/Media_and_Research/Publications_and_Reports/hsp10/2010%20APR.pdf).



What we do know is that checkpoints only catch an extremely small percentage of DUI drivers, most are arrested by roving patrols, and the number of DUI arrests go up almost every year. The Senators may want to spend their time legislating for free shuttles from neighborhoods to drinking hubs and ban parking lots at these establishments. The money is there, it just needs to be redirected. Oh, and by the way stop calling DUIs "drunk drivers".....you don't have to be drunk to be DUI. This may also help with "public safety".

CHECKPOINTS ON ST. PATRICK’S DAY AND THROUGH THE YEAR

St. Patrick’s Day is on a Thursday this year so beware of increased police patrol and the possibility of DUI Checkpoints through the weekend in Orange County and across the state.

In 2010, St. Patrick’s Day fell on a Wednesday, but on the weekend following the holiday, Newport Beach, San Clemente, Huntington Beach and Fullerton police departments conducted checkpoints.

The California Office of Traffic Safety in conjunction with the National Highway Safety Traffic Administration provides over $56 million across this state to enforce DUI laws. Sixteen Orange County cities, second only to Los Angeles, have obtained grants.

“In these tough economic times California’s traffic safety community is not pulling back. For federal fiscal year 2009, OTS (California’s Office of Traffic Safety) awarded $82 million in grants to 203 agencies for programs targeting impaired driving, roadway safety, seat belt and child safety seat usage, emergency medical services, pedestrian and bicycle safety, and police traffic services,” stated the Secretary of California, Dale Bonner.

The OTS has characterized the “Top 50 DUI Cities” in California as those 50 cities that have the highest number of alcohol related fatalities and injuries. The Orange County cities included on this list are: Anaheim, Costa Mesa, Fullerton, Garden Grove, Huntington Beach, Orange, Newport Beach, and Santa Ana. Based on OTS statistics, there were a total of 1029 DUI checkpoints in these 50 cities in 2010. 1,336,738 vehicles traveled through these checkpoints with 783,381 drivers screened, 10,936 drivers performed field sobriety tests (the roadside coordination tests) and 4,054 DUI arrests were made. This calculates to a 3 hundredth of a percent arrest rate based on the number of vehicles entering the checkpoint verses the number of DUI arrests.

Based on these checkpoint numbers, you may be inclined to believe that DUI arrests are on the decline, but the total number of DUI arrests is far different from the checkpoint numbers. Even when there are not any checkpoints, police departments have roving DUI teams which will look any traffic infraction or vehicle equipment violation, especially in the evening hours or holidays and sporting events, in order to lawfully stop vehicles and check for alcohol consumption. The expired registration tag that you’ve been driving with for a couple of months will never cause you any issues when you’re driving to work in the morning, but coming home from dinner at 10 pm at night and that may become an issue.

In 2005, there were 180,288 DUI arrests in California. In 2006, there were 197,248, in 2007, arrests were at 203, 866, and in 2008, 214,811 arrests were made. In 2009, the number dipped a little to 208,531 DUI arrests and we’re still waiting for the numbers for 2010. Is it the more money put into the enforcement, the more arrests; or will the trend show a decline, because of the education and publicity DUI arrests and accidents receive? I don’t know. It still seems like bars and restaurants still have parking lots. These lots are full at night and empty in the early morning when I pick-up my car. What’s the answer?

The OTS Annual Performance Report states that, “in 2011, OTS again identified and targeted California’s “top 50 DUI cities” and funded these cities to conduct additional DUI checkpoints. As a result, the ‘top 50 cities” plan to conduct 598 DUI checkpoints in 2011.”(http://www.ots.ca.gov/Media_and_Research/Publications_and_Reports/hsp10/2010%20APR.pdf)

Costa Mesa is increasing their checkpoints from the 12 they had in 2010 to 20 in 2011. That’s almost twice per month. Santa Ana conducted 22 in 2010 and has funding for 22 in 2011. Huntington Beach and Newport Beach are also keeping the same numbers of 8 and 6 checkpoints, respectively, for the years 2010 and 2011.

Bottom line, if you choose to drive after drinking you may end up spending thousands of dollars when a cab ride or a call to a friend will save money and time. Yes, there are innocent people arrested (in fact the OTS report gives a 79% conviction rate which means that 21% are not convicted of the DUI), but when in doubt, put away the keys.