In our best year, 1983, 1.9 million drivers were arrested for driving while impaired (DWI) in the United States. This number represented approximately 1 percent of the Nation’s total licensed drivers.

This was a significant increase over the 197Os, when only about one-half of 1 percent of licensed drivers were arrested for DWI each year.

Still, it is not enough. Speaking a decade ago, Borkenstein (1975) noted that Roadside surveys of the occurrence of alcohol in the driving public have shown that when enforcement is at the current level of 2 arrests per officer per year, and with automobile density what it is in the average congested city today, there are about 2,000 violations for each arrest.

A “violation” is a trip from one point to another with a blood alcohol concentration of .lO percent or higher; thus, in a typical community of 1 million population, with 1,000 patrol officers making two arrests per man per year, there will be 2,ooO arrests and 4 million violations.

Since Borkenstein made that statement, the percentage of licensed drivers arrested for DUI has doubled and, therefore, the ratio of violations to arrests may now be down to 1,000 to one.

Indeed, two studies suggested that where intensive enforcement is applied, the violation-to-arrest ratio can be reduced to approximately 300 to one (Beitelet al. 1975; Hause et al. 1982).

These higher arrest rates, which are not typical of the enforcement level of the country as a whole, have been shown to produce small reductions in alcohol-related accidents (Voas and Hause 1987).

DWI arrests nationally rose significantly from 1979 to 1983; the proportion of highway fatalities that were alcohol-related dropped 10 to 15 percent from 1982 to 1986. The extent to which this increase in arrests contributed to the subsequent decrease in alcohol-related fatalities is difficult to determine.

The increase probably contributed as one element in a larger complex of factors that included citizen activist programs, alcohol legislation, and increased public interest in health and safety (Howland 1988).

Regardless, a doubling of the total number of arrests has had, at best, a modest effect on the alcohol-related casualty rate.

Luckily, deterrence of drunk driving is not determined by the absolute number of arrests but by the public’s perception of the probability of being arrested (Ross 1984). While it may be generally true that the more arrests made, the more the public will bedeterred, there is no precise relationship between the number of arrests and the extent of deterrence.

Aaron R. Bortel is a well-known and respected San Francisco DUI Lawyer, practicing throughout the Bay area. Mr. Bortel has dedicated his legal practice to the defense of persons accused of driving under the influence of alcohol and or drugs.

For a Free Consultation Call Toll Free at 1-888-373-8000

Source
Robert B. Voas, Ph.D.
Environmental Research Institute of Michigan (ERkf)
John H. Lacey, Ph.D.
The Universiy of North Carolina Highway Safety Research Center

According to CHP, the number of arrests for DUI in the Bay Area from 6PM Wednesday, December 31 2008 to 6AM Thursday January 1, 2009 is double the number from the same period last year.  This year there were 84 Drunk Driving arrests in the San Francisco Bay Area, compared to 41 Drunk Driving arrests made over the same 12 hour period last year. 

As we enter the new year CHP and local police forces have been setting up sobriety checkpoints all over the Bay Area.  Most DUI arrests at checkpoints go unchallenged in Court.  This lack of challenge to these warrantless stops has resulted in officers going beyond what the courts have authorized them to do at checkpoints. 

 On two recent occasions I have challenged sobriety checkpoint arrests in San Francisco and won.  On both occasions the Court has agreed with me and granted the motions to suppress the evidence against my clients.   About two weeks ago the Court was outraged by the police conduct at at one of these checkpoints.  At least half the rules governing the checkpoint were not met and the 20-30 officers assigned to the checkpoint made only one DUI arrest all night (arresting my client).   After the court tossed that arrest, we have well over 100 police hours, much of it probably overtime, and no DUI convictions to show for it.  What did that cost the city and state?

 If you have been arrested at a Sobriety Checkpoint for Drunk Driving this holiday season, hire a DUI lawyer who has won one of these cases recently and assert your constitutional rights.  Another law office besides the Law Offices of Aaron Bortel that has had success with these illegal checkpoints is the Law Offices of Kapsack and Bair. 

Here are some new laws going into effect in 2009:

Texting While Driving - (SB 28)  This new law makes it an infraction to write, send, OR EVEN READ, text-based communication on an electronic wireless communications device (put away that iPhone, Blackberry, or any cell phone that can text) while driving a motor vehicle.  The old law prohibited this if you were under 18.  Now it applies to EVERYONE.  Play it safe if you must check a message.  Pull over in a safe legal parking spot and turn off the car if you must check a text message before you get to your destination.  In California the courts have been letting police officers approach vehicles for almost any reason (even if there is no vehicle code violation).  This new law gives them another excuse to get you out of your car and start a Drunk Driving (DUI) investigation. 

Driving Under the Influence (DUI) Zero Tolerance-  (AB 1165) This new law prohibits someone already convicted of DUI from driving with a blood alcohol level (BAC) of .01 percent or higher while on probation for DUI.  If pulled over while on probation for DUI, one must take a Preliminary Alcohol Screening (PAS) test.  This is the hand held breath test that most officers have in the field with them.  If you refuse this test or are above a .01 BAC, you will be cited, have your license taken and suspended (better get a good DUI lawyer), and your car gets impounded.

If you are currently on probation for DUI and do not remember how long or when it started, most first offense DUI probations the Bay Area and Northern California last for three years from the date of conviction.   There are some counties such as Napa that require a 5 year probation on a first DUI offense.  

Since the PAS breath machines are less reliable than the more expensive evidential models at the police stations, this type of offense can be fought and even won in situations where the machines are not properly calibrated.  For years many police departments have not kept up with the regular calibrations required for PAS devices (every 10 days). 

These PAS machines can give you a reading of .01 BAC or higher for things like mouth wash, breath strips, soy sauce, and white bread.   Remember, there is alcohol in cough syrup, enough to possibly get you to or above the .01 BAC.  There are many possible defenses to this new law, but the best one is to be smart.  If charged with this offense, GET A GOOD DUI LAWYER.

SAN FRANCISCO, CA — The number of drivers arrested for DUI over the Thanksgiving holiday weekend is down slightly from last year.

The California Highway Patrol reports that 202 drivers have been arrested for driving under the influence as of 6 a.m. Sunday morning. That’s down from 207 DUI arrests over the same time period last year.

Statewide 1, 397 drivers have been arrested for California DUI’s which is a drop of 100 from last year.

I haven’t posted here in a while but thought this would be a good topic to kick start a few new posts. This story is out of Indiana regarding a person who is serving a 28 year prison term from a drunk driving accident. But it goes to show, you can still change your life around, no matter what the circumstances are.

This week is Alcohol Awareness Week at the Mary-of-the-Woods College and Brandon Robinson is taking advantage of this time. He received a 28-year prison sentence after he was charged and found guilty of operating a vehicle while intoxicated which caused death and bodily harm. He is visiting this college campus to talk about his experience.

When Robinson was 18 he went through a stop sign causing him to crash into a truck. He killed three people in this accident..

Since he has been convicted he has spoken to 20,000 people about his story. He always stresses the importance of making the right decision before getting into a car. This is the third time he’s been to this same campus to speak. They asked him back because they felt that the students really connected with him and his message.

Jeff Malloy is the director of campus life and is the one that invited Robinson back. Malloy said “Brandon does a phenomenal job connecting with our students and educating them on the consequences of drinking and driving. He makes it very clear that the only real difference between him and our students was one accident that changed the course of his life.”

Examiner - A San Francisco man died early Saturday morning after a suspected drunken driver made an unsafe lane change and rear-ended the man’s motorcycle on the Bay Bridge, the California Highway Patrol said.

Ryan Willis Jones, 30, was headed eastbound in the tunnel just west of Treasure Island around 5 a.m. when he was knocked off his 2004 Harley-Davidson, the CHP said.

Jones was rushed to San Francisco General Hospital and died from his injuries less than one hour later, according to the San Francisco medical examiner.

Daniel Olivera, 31, of Oakland, was the driver of the 1998 Saab that struck Jones’ motorcycle, the CHP said. He was allegedly intoxicated and speeding when he made an “unsafe” lane change, causing the collision, the investigating officer said.

It is widely accepted that driving under the influence of drugs is a dangerous activity that can harm the driver, passengers, or innocent bystanders—hence, the stringent laws and penalties for a DUI in most states. Many people are unaware of their DUI rights, and that is why hiring an experienced DUI lawyer to help handle the case is crucial.

A good DUI lawyer can identify strategies for getting you acquitted or getting your sentence reduced. For instance, an experienced DUI lawyer may call field sobriety tests or chemical tests into question, as both can be unreliable indicators of a person’s state of sobriety. Or, if you are being charged with a first offense DUI, even if you are found guilty, a good DUI lawyer can help the judge and jury see that it was completely out of character for you, and that you are willing to pay society for your punishment via community service or treatment in a rehab facility. This will most likely help reduce the punishment set by the judge.

When you are pulled over for a DUI, the police officers are usually looking for such signs as erratic driving, crossing the center line, weaving, and unusually wide turning radiuses. After stopping the car, they look for additional evidence of intoxication, such as a flushed face, bloodshot eyes, slurred speech, instability, disorientation, or an inappropriate attitude (such as being unusually happy, or being argumentative). You may be asked to participate in coordination tests (for example, the “horizontal gaze nystagmus test” where an officer asks you to follow a penlight with your eyes.

Ostensibly, intoxication can be determined by the point at which the eye begins to jerk, but this test can be called into question by an experienced DUI lawyer. It is recommended that, for a first offense, you should not agree to any such hand/eye coordination tests. Do, however, agree to chemical tests (blood, breath, and urine) if it is your first offense. Also, under California law you may choose which type of chemical test to undergo. Blood tests are the most accurate, followed by breath tests, followed by urine tests.

A DUI lawyer is aware of the legal BAC levels, and can help guide a client based on prior history concerning DUIs and their BAC level. If a client is under the legal drinking age, it is important to handle the case with care because there is a “zero tolerance” rule in California stating that with a BAC of even .01 percent, and under-aged drinker can be charged with a DUI. With drinking and driving is not by any means condoned, it is important to get the best legal advice possible if you are looking to get a minimal penalty.

If you need any more reasons not to drink and drive, consider this: A driving-under-the-influence conviction is a financial wrecking ball. A typical DUI costs about $10,000 by the time you pay bail, fines, fees and insurance, even if you didn’t hit anything or hurt anybody.

A fine is just the start of what you’ll pay for a drunken-driving conviction. Insurance-rate increases, legal bills, alcohol treatment and licensing fees can push the cost into five figures.

The penalties are intended to be discouraging. Alcohol played a role in nearly 40% of U.S. automobile fatalities in 2005. That’s 16,885 deaths, a figure nearly unchanged over the past decade, according to the National Highway Traffic Safety Administration.

But states are cracking down. The last of the 50 states have lowered their thresholds for DUI to 0.08% blood-alcohol content. Police arrested 1.37 million people last year for driving under alcohol’s grip, about one in every 140 licensed drivers, the FBI says.

But forget the humiliation and hassle for now. Forget the toll on lives. Just look at what a DUI does to your wallet:

Bail. You’ll have to shell out bail to get released after your arrest. Cost: $150-$2,500.

(Costs shown in this article are for first-time DUI offenders. Costs and penalties are often more severe if you’re a repeat offender or your blood-alcohol content is above 0.15%.)

http://articles.moneycentral.msn.com/Insurance/InsureYourCar/DUIThe$10000RideHome.aspx