CHP DUI enforcement in Oakland and San Francisco has recently increased on the Bay Bridge.  The newly installed “S-Curve,” or as I heard a radio host this morning refer to it as “Mess-Curve,” has resulted in an increase of CHP enforcement.  The new section of the San Francisco to Oakland connection is scheduled to be in place for the next four years.

To slow cars down, CHP has lowered the speed limit and increased the number of officers patrolling this section of the Bay Bridge.  The result has been a huge increase in tickets for Vehicle Code violations, including DUI arrests.

According to a CHP officer I spoke with recently at a San Francisco DMV hearing last week, although they are not supposed to comment on DUI arrests, he indicated that the number of San Francisco and Oakland Drunk Driving Arrests has increased since the placement of the extra CHP patrol cars.

Oakland DUI Lawyer

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

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.