MacGregor & Collins, lLP Articles Memorial Day Weekend Results in More Than 1000 California DUI Arrests

Memorial Day Weekend Results in More Than 1000 California DUI Arrests

By Randy Collins  May. 28, 2013 8:46a

DUI is the most common crime in the United States. Over a 100,000 persons were arrested in 2012 for DUI in California alone. The numbers probably include people in all walks of life, even judges, lawyers, and members of juries. Weekends and holidays generally see an increased number of DUI arrests. This Memorial Day weekend was no different. Thousands were arrested for DUI across the United States. Between 6:01 p.m. on Friday and Sunday morning at 6:00 a.m.1133 people were arrested in California for DUI. Out of the 1,133 arrests throughout all of California, 35 were made in Orange County.

The police must have probable cause to stop a motorist for DUI. There must be a certain level of suspicion to stop the vehicle and to check on the driver. Without a certain level of suspicion, it is an invasion of privacy.

DUI Evidence Needed to be Convicted of Drunk Driving

Under California law, the results of the chemical test carried out on a motorist suspected of DUI will be taken as conclusive evidence of DUI if the test is carried out within three hours of the DUI stop. If the test is carried out after three hours, the results will be treated as conclusive evidence of DUI. It takes time for alcohol to be absorbed into the blood. So it is possible that at the time of the DUI stop, the motorist's BAC was well within the legal limit of less than 0.08% but by the time the blood test was administered the blood had absorbed the alcohol and BAC increased to 0.08% or more.

Are Memorial Day DUI Checkpoints Legal?

The DUI sobriety checkpoint is one of the strategies used by police departments across the United States to check drunk driving. The sobriety checkpoint must meet the requirements specified by the Supreme Court. If the checkpoint does not meet the requirements, the check point is illegal and arrests made at the checkpoint will also be illegal.

A DUI is generally a misdemeanor offense punishable with a jail term of less than one year and a fine of less than $1000. Usually first time DUI offenders are not sent to jail and instead made to pay a fine and take part in a diversion program. However a DUI offense can be tried as a felony offense if the drunk driver causes an accident that results in death, bodily injury or property damage. A felony offense is punishable with a jail term of more than one year and a fine exceeding $1000. Nobody needs to get hurt for the crime of DUI to occur.

Legal Repercussions Facing Memorial Day DUI Offenders

If you or someone you know received a DUI during Memorial Day Weekend, speaking with an attorney to identify your options could help you avoid jail time. There are several factors that could influence your specific case that may need to be addressed immediately.

To obtain a free consultation from a MacGregor & Collins attorney call 949-250-6097 or visit their website and fill out a contact form. You will receive a professional case evaluation from an experienced attorney in Orange County.

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