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…

Sobriety Checkpoints and the Fourth Amendment

This Union Tribune article says that DUI checkpoints will increase in Escondido, an area in North County.  The Escondido police department plan to have 12 DUI checkpoints as opposed to 9 which have been set up in the past couple years.  According to traffic Sgt. Dana Ray, the department has made 69 DUI arrests in the past two years.  I don’t know about you, but 69 arrests doesn’t seem like much considering that there were probably so many more people out there who did drink and drive but didn’t get caught.

I often wonder if sobriety checkpoints are truly effective.  The Fourth Amendment comes to mind which is the amendment that guards against unreasonable searches and seizures.  Some would say that checkpoints are not unreasonable considering that they help protect the roads and highways while others feel that checkpoints violate our privacy.

Looking at the Fourth Amendment from another perspective…What if the police came knocking at your door every weekend wanting to search your home to make sure you weren’t harboring criminals?  Wouldn’t you feel violated?  Wouldn’t you want a search warrant?  What makes searching cars any different?

I believe that education is the key to prevent drunk driving, in addition to offering more help and counseling for repeat drunk drivers.

What do you think?

Here’s another article of interest: Legality of Sobriety Checkpoints

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Need help with your San Diego DUI?  Get help from an experienced DUI defense lawyer!  Call 619-244-4068

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Photo Credit:  ZanePaul Photos