California Criminal Defense Attorney Blog

According to The Orange County Register, there were more DUI arrests around the New Year's holiday this year than last.

As our Newport Beach DUI defense lawyers reported on our blog recently, we expected law enforcement to make a big push toward making DUI arrests at the end of the year since many more people were expected to be on the road traveling.

In fact, AAA estimated that 1.4 percent more people would be taking to the streets from Dec. 23 to Jan. 2, meaning that in Southern California, 7.13 million local residents would be traveling up to 50 miles from their home. One of the top destinations in the area was Disneyland in Anaheim, meaning there were likely many out-of-state drivers in the area.

According to the news article, the California Highway Patrol arrested 57 people for DUI in Orange County over the New Year's weekend, a jump of 20 from the year before. Statewide, there were 932 arrests, up from 873 over the same time period from last year's holiday. There were 12 deaths on the road, though none in Orange County. The article doesn't report how many of those deaths were drunk driving related.

And some of them may have been pulled over by local or state law enforcement and investigated for DUI. A fun trip to California may have ended on a sour note and they may facing legal trouble. But there are steps that can be taken to help a person who is in this position.

First of all, as in any DUI case, there are defenses that must be explored. And they begin with the reason the officer made the traffic stop in the first place. Our Constitutional rights protect us from being stopped for no reason.

So, if a law enforcement officer pulls a driver over, there must be what's called probable cause. Essentially, this means police must have a reasonable belief that the driver has committed a crime or a driving infraction. In DUI cases, this typically means the driver was speeding, swerving, made an improper lane change, ran a stop sign or showed signs of impairment.

Once the officer begins talking with the driver, they use their observations to determine whether to begin a DUI investigation. This typically involves whether the driver's speech is slurred or eyes are bloodshot or watery.

From there, an officer can ask a driver to perform field sobriety tests or take a breath test, both of which have defenses. A poorly trained officer, or witnesses who dispute his or her observations can squash the sobriety tests and breathalyzers have been shown to be poorly manufactured or maintained and spit out incorrect results.

But if an out-of-state driver is charged with DUI and is convicted, there still could be a problem dealing with your driver's license. In California, a person who is convicted of DUI has their driver's license suspended for six months. To have the license reinstated, the driver must show they have proof of insurance and have completed a DUI program.

And while a judge may allow the driver to complete a DUI program where they live, that won't satisfy the California DMV. They require an in-state program to be completed. But, there is a way to get around that. A 1650 waiver can be submitted to the DMV to end the suspension in California.