Ignition Interlock Devices Mandatory For Repeat DUI Offenders

In 2008 a poll conducted by AAA found that 80% of American supported the idea of requiring drunk driving offenders to have ignition interlock devices installed in their vehicles.  

An ignition interlock is a device that is installed in a vehicle.  If a DUI offender has to drive, he/she provides a breath sample by blowing into the device. The car will not start if the IID detects alcohol on the breath.

New DUI Law in Virginia

Here’s some interesting news from the state of Virginia…Today the Virginia General Assembly voted  to drop a legal requirement that prosecutors prove that breath machines in DUI cases have been tested and are accurate.  They also established a timetable for defendants to challenge scientific evidence.

Lawyers in Virginia now have to notify a defendant at least 28 days before trial that they intend to use a scientific analysis of alcohol, drugs, DNA, blood or other evidence. The defendant then has 14 days to object to prosecutors’ use of an analysis without a testifying witness.

The Legalization of Marijuana and DUI’s

Here in California there has been an on-going debate about the legalization of marijuana.  Recently 56 percent of voters approved of Proposition 215 which legalizes marijuana cultivation, possession and use for medical reasons, with no prescription required.

Currently in the state of California it is illegal to drive while under the influence of marijuana.  One particular concern for people is the possibility of an increase of DUI’s if people are allowed to smoke marijuana whenever and wherever they want. Will there be any ramifications if marijuana is legalized?

California Supreme Court Rules Drunk Drivers Can Fight Breath Tests

For awhile now, DUI defense lawyers have talked about the accuracy of breath tests.  Breathalyzer machines are supposed to be maintained by law enforcement, but sometimes these machines don’t get the attention that they need.  You can also refer to a previous post where I talked about a few things that could affect the reading of a breathalyzer.

Well, it looks like the California Supreme Court has taken notice of this issue.  The court has said that breathalyzer results mean different things for different people.  The court has also ruled that suspected drunken drivers can attack the test results in court.

DUI in San Diego: Your Rights

If you are pulled over on suspicion of drunk driving, you have the right to choose the type of alcohol test to submit to law enforcement. You should never be forced to take one over the other.

This is the issue that has come up in Vincent Jackson’s case. Jackson, a San Diego Chargers wide receiver, was arrested this past January on suspicion of drunk driving. San Diego DUI lawyer, Cole Casey, is representing Jackson and argues that Jackson was forced to have his blood drawn against his will after repeatedly requesting a breath test.

If you are ever pulled over, keep in mind that you are only required to present your driver’s license and vehicle documentation. It is not mandatory that you answer any questions regarding your destination, number of drinks consumed, etc. You are also not required to perform any sobriety tests. If law enforcement start to question you, you can say, “I will not answer any questions until I consult with my lawyer.”

If you do submit to a test and it is determined that your BAC (blood alcohol content) is 0.08% or over, you will be arrested. Find out the penalties for a DUI in San Diego…