Call Today for Your Free Consultation
415-729-7300
Call Today for Your Free Consultation
415-729-7300
Recent Blog Posts
California Changes BAC Limit for Ride-Share Drivers
A new California law went into effect on July 1 that has lowered the threshold to charge ride-share drivers with driving under the influence of alcohol. The law sets the blood alcohol concentration limit for these drivers at 0.04, as opposed to the 0.08 limit for most other drivers. The change is meant to treat ride-share drivers more like commercial drivers in terms of DUI enforcement. Ride-share drivers risk losing their jobs and receiving criminal penalties if they are convicted for a DUI charge.
About the Law
The law added a section to California's vehicle code that states that it is unlawful for a driver to have a BAC of 0.04 or more while also having a passenger for hire in the vehicle. Commercial vehicle drivers, such as taxi drivers, have the same BAC limit. While drivers for companies such as Uber and Lyft are considered to be providing the same service as taxi drivers, the same DUI law did not apply to them because:
How Has Legal Marijuana Affected DUI Rates?
Since states first started legalizing recreational marijuana use a couple of years ago, there has been a debate as to whether the new laws have caused an increased number of impaired driving incidents in those states. Those who believe it has caused an increase will cite arrest statistics for driving under the influence charges in which the suspects had THC in their systems. Skeptics argue that the testing procedures do not definitively prove when marijuana use is responsible for impaired driving. With the recency of California’s legalization, it may take years to determine how the new law has affected DUI incidents and arrests.
Bay Area Data
The California Highway Patrol suspects that a San Jose man was under the influence of marijuana when he allegedly caused a fatal crash in Fremont in May. The CHP’s Golden Gate Division released statistics of DUI arrests involving marijuana in 2017, which was before the new marijuana law was enacted. According to the statistics:
Has Ride-Sharing Decreased DUI Arrests?
A recent study by the University of California at Davis and a research firm discovered that arrests for driving under the influence of alcohol or drugs have decreased in many major California cities. Researchers found that DUI arrests decreased during a two-year period by:
- 14 percent in the San Francisco-Oakland area;
- 14 percent in Los Angeles;
- 26 percent in Sacramento;
- 28 percent in San Jose; and
- 32 percent in San Diego.
Researchers hypothesized that increased use of ride-sharing services may be part of the reason for the decrease, a claim that companies such as Uber have touted for years. The time period of the study corresponded with the introduction of ride-sharing services in some of the cities. However, there is not a clear causation between the use of ride-sharing services and DUI arrest statistics.
Why DUI Suspects Can Be Charged with Murder
Second-degree murder is the most serious charge you can face after an alleged driving under the influence incident. DUI murder charges in California are commonly called Watson murders because the policy stems from the 1980s case of People v. Watson, in which the California Supreme Court ruled that a DUI offender can be charged with murder. A DUI murder conviction can result in a prison sentence of 15 years to life and a fine of as much as $10,000.
Murder vs. Manslaughter
When someone dies as a result of an alleged DUI incident, prosecutors can charge the defendant with negligent vehicular manslaughter, gross vehicular manslaughter, or second-degree murder. Manslaughter is a serious charge but does not have as severe of penalties as murder. Manslaughter is a more common charge than second-degree murder because prosecutors need to prove the intent behind the incident:
DUI Arrests Are Down, But Not for Women
The number of driving under the influence arrests in the U.S. has steadily decreased in the past decades. At the same time, there has been an unsettling increase in DUI arrests among women. To be clear, men still make up 75 percent of all DUI arrests. However, women were only 18 percent of the arrests as recent as 2003. An FBI study estimated that the number of female DUI arrests increased by 20 percent from 2003 to 2012. The most recent gender data in 2015 showed that the number has decreased slightly, though still nowhere near the 2003 arrest levels. Trying to understand the trend, researchers have largely hypothesized that women’s changing societal role has led to the increase in DUI arrests.
Work-Related Drinking
People in the workforce may partake in drinking as a social activity with co-workers or a means of relieving stress. The trend of an increased number of women in the workforce started long before the more recent increase in DUI arrests. However, women’s statuses in workplaces have seen more recent improvements. Women are more likely to hold positions that are the equal of men and thus may be invited to more social outings at restaurants and bars. DUI arrests often follow a night of drinking with friends or co-workers.
Recreational Marijuana Brings California's Subjective DUI Laws to Light
The legalization of recreational marijuana in California has led to increased police attention towards driving under the influence of marijuana. DUI of marijuana has long been a crime, with the same penalties as DUI of alcohol. Police officers are looking for the same signs of driver impairment that accompany both DUI of alcohol and drugs. Even physical symptoms can be similar for alcohol and marijuana users, such as blood-shot eyes and slow reactions. However, California’s DUI laws have not caught up to legalized recreational marijuana. Police officers and prosecutors have less experience handling cases of DUI of marijuana than they do with DUI of alcohol. Yet, California law forces them to be more subjective in determining when to arrest and charge someone with DUI of marijuana. There are several problems with DUI of marijuana laws that affect all states where recreational marijuana use is legal:
Public Misled by Pay-to-Play Attorney Ratings and Misleading Certifications
Attorneys have an ethical duty to not mislead the public with false or misleading claims about their experience and qualifications.
Unfortunately, many lawyers accept solicitations from for-profit entities selling certificates, website badges, and trophies accompanied with superlatives like "Top 100 Lawyer" "Superior Lawyer" and "Premier Lawyer" with little or no transparency revealing the true basis for such recognition. These pay-to-play enterprises do not administer a legitimate examination of the purchaser’s trial skills and legal knowledge, and consumers seeking a qualified attorney are victimized by these misleading claims.
However, not all certification programs are bogus. The California State Bar has certification programs for different areas of the law, and the American Bar Association (ABA) has one specifically for DUI defense - it is administered by the National College for DUI Defense (NCDD). Lawyers seeking certification must pass a rigorous examination, as the NCDD "Board Certification" requires a high degree of knowledge with extensive trial and law and motion experience in the field of DUI defense. The minimum requirements for NCDD Board Certification in DUI Defense, as recognized by the ABA, are as follows:
Defending Your Rights in 2016
Another new year is upon us and I sincerely hope you did not start it off with a DUI arrest. Spending four or more hours in a drunk tank is one of the most demoralizing experiences one can have, but now that you're out let's try to minimize the consequences.
Depending on whether you submitted to a chemical test of your breath or blood, or refused to do so without a warrant, you are most likely looking at a license suspension ranging from 4 months to one year.
If you have one or more prior DUI convictions or alcohol-related license suspensions the period may be as long as three years.
So the first thing I will do for you is get a hearing request submitted to the DMV - there is a 10-day deadline from the date of arrest for getting this done, so let's not procrastinate.
In most instances, I can also go to Court for you and you need not personally appear even if you posted bail. The only reason you would have to personally appear with me is if you injured or killed someone and the prosecutor is filing felony charges against you.
How To Deal With A First-Time DUI Arrest
Originally published in the November 2015 issue of Marin Magazine, veteran San Francisco and San Rafael DUI attorney Paul Burglin was asked:
- What really happens after you see the bluelights in the rearview mirror?
- What can you do to minimize the damage a DUI charge wreaks on your life?
Mr. Burglin, who literally wrote the book on DUI Defense - California Drunk Driving Law - walked them through with how to deal with a first-offense DUI charge, step-by-step.
Have you been charged with a DUI San Francisco, DUI Marin, DUI Sonoma or DUI Napa? Paul Burglin is a Board Certified in DUI Defense San Francisco Bay area attorney who for over 25 years has specialized in drunk driving defense in San Francisco, Marin, Sonoma, Napa and surrounding communities. He is also the co-author of "California Drunk Driving Law"
On-Line Reviews and Website Claims
Allow me to share with you some insight about on-line reviews and website claims in the field of DUI and DMV defense.
Inexperienced attorneys are more tech savvy than veteran lawyers - the latter got their degrees and began practicing law before computers and I-Pads were in existence. Young attorneys learned how to use these things in grade school, and then got training in College on how to utilize these tools for marketing purposes. Because the business of a new lawyer is slow owing to lack of experience, reputation and referrals, they also have the time it takes to get family and friends to write favorable reviews and load their websites with the words and links that boost their organic ranking on search engines.
Let's start with AVVO. When you see an attorney with 40, 80, or 100-plus client reviews on AVVO, understand that the attorney has undoubtedly solicited reviews. I have represented more than 4000 clients in my career, but I do not solicit reviews because I believe it is unseemly to ask clients to talk about confidential matters unless they want to.
Questions? Let's Get Started.
