Category Archives: DUI Law

New App shows locations of DUI Checkpoints

An Anaheim Hills high school teacher, in conjunction with a San Diego developer, has created an app that can be used to show the locations of sobriety checkpoints. Geno Rose, the teacher created the app after being stuck in a checkpoint with his wife and newborn son crying the backseat.  It is a real time app that allows those who have the app to update info live for the other users.  It can be viewed and purchased here : https://itunes.apple.com/us/app/dui-dodger/id429342604?mt=8 

iPhone Screenshot 1

For those who criticize the app, the app serves the purpose of assisting sober drivers, just as well, as drunk drivers, and the evidence that a drunk driver is going to use such an app is entirely speculative. Sobriety checkpoints are illegal in 10 states, per that states Constitution. Those states are: Idaho, Iowa, Michigan, Minnesota, Oregon, Rhode Island, Texas, Washington, Wisconsin, and Wyoming.  The United States Supreme Court decided in the case of Michigan Dept. of State Police v. Sitz that sobriety checkpoints, properly conducted, did not violate the United States Constitution. The decision was 6-3.

Justice Stevens dissent in this case was a powerful argument against such checkpoints: “This is a case that is driven by nothing more than symbolic state action — an insufficient justification for an otherwise unreasonable program of random seizures. Unfortunately, the Court is transfixed by the wrong symbol — the illusory prospect of punishing countless intoxicated motorists — when it should keep its eyes on the road plainly marked by the Constitution.”

The Actual Statute

Here is the actual DUI statute for those that are interested. It is found in the California Vehicle Code. Attention should be paid to subsection (a) (b), and (e). 23152(e) is new, it was recently created to single out driving under the influence of drugs, like Marijuana as the earlier posts dealt with.

23152.  (a) It is unlawful for a person who is under the influence
of any alcoholic beverage to drive a vehicle.
   (b) It is unlawful for a person who has 0.08 percent or more, by
weight, of alcohol in his or her blood to drive a vehicle.
   For purposes of this article and Section 34501.16, percent, by
weight, of alcohol in a person's blood is based upon grams of alcohol
per 100 milliliters of blood or grams of alcohol per 210 liters of
breath.
   In any prosecution under this subdivision, it is a rebuttable
presumption that the person had 0.08 percent or more, by weight, of
alcohol in his or her blood at the time of driving the vehicle if the
person had 0.08 percent or more, by weight, of alcohol in his or her
blood at the time of the performance of a chemical test within three
hours after the driving.
   (c) It is unlawful for a person who is addicted to the use of any
drug to drive a vehicle. This subdivision shall not apply to a person
who is participating in a narcotic treatment program approved
pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of
Part 3 of Division 10.5 of the Health and Safety Code.
   (d) It is unlawful for a person who has 0.04 percent or more, by
weight, of alcohol in his or her blood to drive a commercial motor
vehicle, as defined in Section 15210.
   In any prosecution under this subdivision, it is a rebuttable
presumption that the person had 0.04 percent or more, by weight, of
alcohol in his or her blood at the time of driving the vehicle if the
person had 0.04 percent or more, by weight, of alcohol in his or her
blood at the time of the performance of a chemical test within three
hours after the driving.
   (e) It is unlawful for a person who is under the influence of any
drug to drive a vehicle.
   (f) It is unlawful for a person who is under the combined
influence of any alcoholic beverage and drug to drive a vehicle.
   (g) This section shall become operative on January 1, 2014.



Courtesy of http://www.leginfo.ca.gov/cgi-bin/displaycode?section=veh&group=23001-24000&file=23152-23229.1