DUI Checkpoint Alert: Riverside & San Bernardino, California get ready for 4th of July beginning tonight!

California DUI criminal defense lawyers love to help folks avoid checkpoints and roadblocks that overzealous drunk driving cops set up.

So here's the holiday weekend scoop for a couple of major California counties:

Riverside County's July 4th Crackdown on Drunk Drivers as its California DUI officers will be out in full force during the Fourth of July holiday period, cracking down on impaired drivers with an aggressive Drunk Driving / DUI enforcement blitz.

Checkpoints must adhere to critical California Supreme Court guidelines for DUI cases.

Riverside County will be having lots of officers available for DUI Checkpoints and multiple Local DUI Saturation Patrols during the 3 day holiday weekend. All routine police and Sheriff patrol’s, along with CHP who is deploying 80% of all officers onto freeways, state routes and county roads will be stepping up DUI stops throughout California.

In San Bernadino County, Victorville, the California DUI Campaign Task Force said drunk driving cops will be out in full force during the Fourth of July holiday period, cracking down on impaired drivers with an aggressive Drunk Driving, Over the Limit, Under Arrest enforcement blitz.

At least 2 California DUI checkpoints will be conducted in the High Desert.

Additionally, Crestline / Running Springs will be having a California DUI checkpoint in the mountains.

If a loved one is devastated by a California DUI, have him or her consider the free online DUI & DMV Defense Survey this weekend.

Yesterday saw a significant change to California DUI & drunk driving laws: IID for conviction of driving on suspended license

Yesterday saw a significant change to California DUI & drunk driving laws.

Beginning July 1, 2009, DMV can now require any California driver convicted of Vehicle Code section 14601.2(a) - driving with a suspended license due to a prior DUI or alcohol-related suspension to install an ignition interlock (IID) device in any vehicle owned or operated by the offender for 1 to 3 years.

The number of California drivers who will be affected may reach twenty thousand each year. Every such driver must install a device that detects alcohol on the breath. If alcohol is detected, the vehicle will not turn on.

The ignition interlock device (IID) used by some companies boast “fuel cell technology,” which purportedly prevents false positives. That is not necessarily the case, however, as interfering compounds may create false positives.

Can Sugar-free Candy or Gum's Sugar Alcohol Cause a Falsely Elevated California DUI Breath Test Reading?

There can be interfering compound problems.

Some natural and volatile interfering compounds do exist, however. For example, the National Highway Traffic Safety Administration (NHTSA) has found that dieters and diabetics may have acetone levels hundreds and even thousand of times higher than those in others. Acetone is one of the many substances that can be falsely identified as ethyl alcohol by some breath machines. However, new machines like the Draeger Breathalyzer use technology that filters out substances like acetone.

A study in Spain showed that metered-dose inhalers (MDIs) used in asthma treatment are also a cause of false positives in breath machines.

Substances in the environment can also lead to false BAC readings. For example, methyl tert-butyl ether (MTBE), a common gasoline additive, has been alleged anecdotally to cause false positives in persons exposed to it. Tests have shown this to be true for older machines; however, newer machines detect this interference and compensate for it.[12] Any number of other products found in the environment or workplace can also cause erroneous BAC results. These include compounds found in lacquer, paint remover, celluloid, gasoline, and cleaning fluids, especially ethers, alcohols, and other volatile compounds.

California DUI attorneys regularly inquire into a fundamental requirement that the subject not eat, drink, burp, belch, regurgitate gas, smoke or put anything in or out of one's mouth for at least 15 minutes just prior to actual breath testing.

When the device detects alcohol the vehicle will not start –other foods or drinks detected on the breath will not prevent the car from starting. In addition, the device requires “rolling retests,” which mandate that the driver continues to blow into the device at random intervals of 10-15 minutes.

If alcohol is detected on the driver’s breath at any time while the vehicle is moving, the device will supposedly report this information. Once the vehicle is turned off, it will not restart until another, alcohol-free test, is submitted.

IID companies profess to have advanced reporting methods that let the California DUI judge or California drunk driving probation officer know exactly how and when the device is used. A full report, indicating the time, date and result of each test is emailed monthly to the person to which the driver needs to report. California DUI lawyers use documentation to help their clients.

California DUI checkpoints announced for the mountains, Perris and Pasadena (so far) for 4th of July weekend

California's DUI cops are having checkpoints in Perris, Pasadena and Crestline beginning friday, July 3. The California DUI checkpoints will be at an undisclosed locations.

Persons who are under the influence of alcohol and/or drugs can expect to be arrested for a California DUI.

California DUI police are required to follow strict guidelines in handling these checkpoints or face constitutional challenges. If the police do not follow these constitutional requirements outlined in Ingersoll, the checkpoint is not lawful. That means any evidence gathered during a California DUI arrest may not be admissible in California Superior Court nor relied upon to suspend at a California DMV hearing.

The CHP is conducting a California DUI checkpoint in Running Springs. The objective of the CHP office in Running Springs is to send a clear message to those considering mixing alcohol and/or drugs with driving. The CHP will be keeping a close eye out for California DUI drivers. A California DUI checkpoint in Crestline resulted in two California DUI arrests.

On Friday July 3, 2009, from 6:00 PM to 2:00 AM, the Perris Police Department will be conducting a DUI/driver’s license checkpoint in the City of Perris. Drivers will be evaluated for a California DUI.

Pasadena's police department will conduct a California DUI checkpoint also Friday at an undisclosed location. Officers will set up the California DUI checkpoint at night as part of their enforcement plans for the 4th of July.

If you know someone in need of vigorous representation in a DUI case in California, contact lawyer Rick Mueller at 1 800 THE LAW DUI.

California "Driving" Defense Questions in DUI cases arise as Cop denies "Driving" in drunk driving trial

California "Driving" Defense Questions in DUI cases include:

1) Did California police officer actually observe the person driving the vehicle?
2) Does the officer have first-hand knowledge of the person driving?
3) Was the vehicle lawfully parked when the officer arrived on the scene?
4) Is there a reliable witness who can actually identify the person as the driver? 5) Could there have been another person driving?
6) Can competent witnesses establish the vehicle moved within 3 hours of the chemical test?
7) Is corpus delicti for a DUI offense (actual driver + driving of vehicle, etc.) established?
8) Was the warrantless DUI arrest lawful?

A former Merced County sheriff's deputy began his California DUI trial yesterday.
The cop maintains he's not guilty. He was not driving.

He was arrested on suspicion of California DUI after another deputy spotted a white Pontiac with the engine running parked on the side of Childs Avenue near Whealen Road around 10:30 p.m., said California DUI prosecutor Rita Patel.

The California DUI deputy knocked on the window and saw Metz in the passenger seat of the car with his girlfriend, the California DUI prosecutor said. After seeing the officer, Metz allegedly crawled into the driver's seat, inadvertently putting his foot on the car's accelerator, revving the engine.

Believing that the cop was DUI, the California DUI deputy (who recognized Metz as a former deputy) notified the California Highway Patrol. CHP claims Metz's eyes were watery and his speech was slurred. Metz then told the officer that he wasn't driving under the influence, saying, "I'm not deuced (California DUI)."

Metz's girlfriend supposedly asked the CHP officer to "cut him a break" because of the defendant's previous employment with the sheriff's department. The jury may cut him a break if they believe the California DUI prosecution has failed to prove driving beyond a reasonable doubt.

He submitted to a California DUI field sobriety test and a California DUI breath test. His California DUI BAC read .08%. Metz allegedly told the officer that his girlfriend couldn't drive the Pontiac away after his arrest, because she was allegedly intoxicated.

Patel dismissed Metz's explanation that he wasn't driving the car that night. "The true culprit is right here before you," the prosecutor told California DUI jurors.

California DUI criminal defense attorney Meagan Melanson argued there's no evidence pointing to Metz as the driver. The Pontiac was registered in the name of his girlfriend's father -- and not a single witness saw him driving it.

"The car doesn't even belong to him," says his California DUI criminal defense lawyer. "No one saw anybody ever driving that car -- let alone, Justin Metz."

If convicted of California DUI, Metz could face six months in jail. The California DUI trial is expected to end pretty soon.

If you need help, do not wait. Investigation needs to begin by your attorney.

California may suspend licenses of DUI boaters (BUI captains or skippers)

California state Senator Benoit is trying to push legislation which would suspend one's California driver’s license if convicted of DUI Boating or boating under the influence aka BUI.

About 15 years ago, the California DMV suspended licenses for BUI convictions, but that procedure was ordered stopped last year citing the lack of statutory authority.

This California proposal allows the DMV to suspend the license of anyone convicted with a prior DUI or BUI conviction. It would also require that anyone convicted of boating under the influence attend and complete an alcohol education course.

According to the California Department of Boating and Waterways, about 25 percent of all deaths on California waterways are attributed to impaired vessel operators. And of the 55 boating fatalities in 2007, that number of alcohol-related deaths climbed to just under half.

The California State Sheriff’s Association, District Attorneys Association, and Boating Safety Officers Association naturally like the idea.

In attempting to reduce the number of impaired boaters, the bill's sponsor has 8 years in DUI enforcement, making over a thousand California DUI arrests. His drunk boating legislation reflects the seriousness of BUI offenses, protecting the safety of travelers on California’s streets, highways and waterways. The legislator's district includes Riverside County, which borders the Colorado River. So far, the bill was passed by the state Senate a month ago.

A premier San Diego DUI attorney will be one with over 25 years of experience and expertise in San Diego California drunk driving cases.

A premier San Diego DUI attorney will be one with over 25 years of experience and expertise in San Diego California drunk driving cases.
The best San Diego DUI defense attorney will investigate all San Diego drunk driving arrests to ensure that the client’s legal rights were preserved and the San Diego county police officer following proper San Diego procedure.



Excellent San Diego court outcomes and satisfied clients will also be illustrative of the talent of your San Diego DUI / drunk driving criminal attorney.



San Diego DUI law firms provide free initial consultation to learn more about your case. To find the best San Diego DUI criminal defense lawyer, visit the California DUI resource center.

On August 1, 2009, Rick will speak at the Annual DUI Seminar in connection with the American Bar Association at Loyola Law School in Los Angeles. San Diego California Criminal Defense Attorney Rick Mueller recently spoke at the California Attorneys For Criminal Justice annual DUI seminar in Rancho Mirage, California.


If you have been arrested or cited for a DUI or drunk driving offense that occurred in the San Diego area, you need the best San Diego DUI attorney available to defend your San Diego drunk driving case.



An experienced San Diego DUI criminal defense attorney will provide the most thorough investigation and professional handling of your case from start to finish. With a goal to protect your legal rights and reduce penalties to the minimum, you San Diego DUI criminal defense lawyer will keep you advised every step of the way.



In order to properly defend your San Diego DUI case and give you the best chance to get back to your life, it is important to seek San Diego DUI legal representation immediately.



Retaining top San Diego drunk driving legal representation will ensure any necessary bail posting as soon as possible to reduce initial San Diego jail time.



If your San Diego DUI criminal lawyer identifies an illegal action or misconduct by the San Diego police officer, it could be grounds for San Diego DUI case dismissal.



However, if all proper San Diego procedures were followed - an unlikely event - your San Diego DUI attorney will nonetheless defend your San Diego drunk driving case to the most professional extent.



A first San Diego DUI / drunk driving offense is the best opportunity for your San Diego DUI defense lawyer to vigorously defend and to request a reduced San Diego DUI sentencing.

If you need to save your driver's license or privileges, your attorney has only ten (10) calendar days to contact DMV!





All a DMV attorney has to do is knock out one (1) DMV issue to save your license & you avoid any reissue fee and/or Proof of Insurance SR-22 filing!

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California DUI Lawyer help offered by a California Drunk Driving Attorney for those accused of a California DUI with Hassle-free California DUI Info

California DUI Lawyer help offered by a California Drunk Driving Attorney for those accused of a San Diego California DUI. Hassle-free California DUI info for San Diego California DUI court and San Diego California DMV. Complete California DUI Help to save your license and keep you out of jail. DUI Defense Lawyer Rick Mueller is an extremely experienced California DUI Lawyer, San Diego California DUI & San Diego California DMV Defense Attorney with over twenty-five years of experience. Known as the San Diego California DUI - DMV Guru, Rick speaks August 1 at Loyola Law School annual DUI seminar in LA. California Criminal Defense Attorney Rick Mueller recently spoke at the California Attorneys For Criminal Justice annual DUI seminar in Rancho Mirage, California.

Feel free to see the Free online California DUI Evaluation for your best San Diego California DUI defense attorney strategy and to vigorously protect your important driving privilege, as has been done for many good people like you.

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California Judge's DUI Conviction Stands - Restitution issues in drunk driving accident cases

Orange Superior Court Judge Theodore E. Millard’s felony DUI conviction was upheld in People v. Millard, Case Number D047681. However, his restitution order must be recalculated as it had attorney fees sustained in the victim’s civil action.

After having dinner with friends, his vehicle ran into motorcyclist William Payne. He had to give up his job as a customer service representative for a home construction company as a result of the accident and obtained a $1.1 million settlement from the judge’s insurer.

California DUI blood test showed that the judge had a .11% at some time after the collision. He was found guilty of California DUI and driving with .08% BAC, while committing an unlawful act—failure to yield while making a left turn—and causing bodily injury.

California drunk driving police testified that Millard said he did not see the motorcycle, and that he had been drinking 3 or 4 glasses of win with 2 to 3 " of wine in each glass.

The trial judge sentenced the ex-judge to 3 years of informal probation, including 75days in jail and 5 & 1/2 months of electronic confinement, plus about $390,000 in restitution to the victim.

In setting the restitution amount, the judge reasoned that Payne had suffered than $133,000 in medical expenses, and $800,000 in past and future wage losses.

Since those losses represented 84.9 percent of the total settlement, the judge took the one-third contingency fee of $366,666 charged by Payne’s attorney and deducted 15.1 percent of that amount, representing the percentage of the settlement attributable to non-economic damages, and added $311,000 in attorney fees to the restitution amount, for a total of $1.245 million.

The judge then discounted that amount, taking into consideration the amount of the settlement and the extent to which the accident was partially Payne’s fault, and came up with the final figure of $386,164, plus interest.

Justice McDonald rejected the contention that the trial judge erred in barring a defense expert—who testified that Millard’s blood alcohol level was actually under 0.05 percent—from testifying that a driver is presumed unimpaired at that level, and also erred by not instructing on that presumption.

The California DUI expert’s testimony was based on a replication test conducted five months after the accident.

The California DUI statute says the presumption arises if the defendant has a blood alcohol level under 0.05 percent “at the time of the test” for intoxication.

“The phrase ‘at the time of the test’ implicitly means the test taken by or on behalf of police at the time of or shortly after the defendant’s alleged offense,” the justice wrote. “It cannot reasonably be construed to include a replication test conducted on a defendant days, weeks, or even months after the alleged offense.”

The trial judge’s restitution calculations, with the exception of those involving attorney fees and costs, were within the range of his discretion. The fee number was excessive because the lower court did not apply the lodestar method to calculate a reasonable fee, and did not find that the amount actually charged was reasonable.

If you need help with a California DUI, take the free survey today.

Additional California DUI manpower needed for tonight's Orange County checkpoint

Costa Mesa police will conduct a DUI checkpoint Tuesday night on Newport Boulevard.
Who authorizes funding for the California DUI checkpoint and additional manpower? Uh, your state is hard at work trying to catch people on a Tuesday thanks to California's own efficient Office of Traffic Safety.

From 8 p.m. Tuesday to 2 a.m. Wednesday officers will stop vehicles on northbound Newport Boulevard and 22nd Street. The stop is a way for authorities to remind the public of the dangers of drinking and driving or driving without a license. These checkpoints have previously resulted in ZERO Tuesday night DUI checkpoint arrests. What's that? That's right!

California DUI police said recent statistics provided by Mothers Against Drunk Driving show that someone is killed every 30 minutes in an alcohol-related crash. After a donut and coffee session, zealous tuesday night DUI officers will go fishing for drunk drivers. They might get one. Or not.

California has strict requirements when it comes to dui checkpoints. Even tuesday niight cops must follow them.

What are the DMV statistics provided to California DUI defense lawyers?

There were 203,866 California DUI arrests in 2007, including 197,602 misdemeanor and 6,264 felony DUI arrests.

That year, there were 192,213 California DMV APS suspension actions arising out of the drunk driving arrests. About 76% of people facing California DMV administrative per se suspension/revocation actions were looking at their first license suspension.

Review and analysis of California's Implied Consent DUI Laws - requirement to do a chemical test if arrested for drunk driving

If you drive a car in California you legally give your consent to have to a DUI chemical test of blood or breath, and sometimes urine, if suspected of "drunk driving."

California DUI police are required to inform a DUI suspect that his or her failure to submit to a chemical test will be considered a refusal, as well as the additional DUI penalties in Court and at DMV. The person accused of a California DUI must first be under lawful arrest by a California DUI peace officer who also must have reasonable cause to believe that the person is DUI.

The California DUI suspect has a choice of whether the chemical test will be of his breath or blood if accused of alcohol impairment, or blood, or urine if accused of impairment by drugs. Failure to submit to a test will result in the following penalties under California's implied consent laws:

A fine, mandatory imprisonment if the person is ultimately convicted, and suspension of the suspect's driver's license for a period of 1 year, 2 years if the refusal occurs within 10 years of a prior conviction or refusal.

If you cannot blow for some reason or cannnot provide a good enough breath sample upon being arrested for DUI in California, here's the law:

California's Vehicle Code states that if one is "incapable" of completing a test then he must submit to the other available test. VC §23612(a)(2)(A):

If the person is lawfully arrested for driving under the
influence of an alcoholic beverage, the person has the choice of
whether the test shall be of his or her blood or breath and the
officer shall advise the person that he or she has that choice. If
the person arrested either is incapable, or states that he or she is
incapable, of completing the chosen test, the person shall submit to
the remaining test. If a blood or breath test, or both, are
unavailable, then paragraph (2) of subdivision (d) applies.

Persons 21 or over do not have to blow in the hand-held California DUI breath test gadget, aka PAS test, but persons under the age of 21 are deemed to have given consent to a preliminary alcohol screening test and other chemical tests in DUI-related underage investigations.