Summer is here and DUI enforcement/checkpoints are expected to ramp up
especially around holiday weekends.
The Law Office of Joe Bisbiglia wanted to remind drivers of some of the issues surrounding DUI’s.
You can be certain that along with Holiday Weekends, that there will also
be a strong Law Enforcement presence on the roadways of Sonoma County.
During the Fourth of July weekend we expect to see
“Avoid the 13” DUI checkpoints throughout the county. “Avoid the 13” is a
reference to a multi-agency DUI Task Force that typically operates during
holiday seasons/weekends. The use of DUI checkpoints have been upheld
by our country’s highest courts. However, in utilizing checkpoints
law enforcement must adhere to strict guidelines in order to be in accordance
with court rulings. The following eight requirements were set forth in
a landmark California case,
Ingersoll v. Palmer (1987) 43 Cal.3d 1321, 743 P.2d 1299:
- the reason for stopping drivers must be neutral;
- supervising officers have to make all decisions regarding operations;
- safety precautions must be adequately seen to;
- checkpoints must be in reasonable locations;
- checkpoints must demonstrate indicia of its nature;
- checkpoint duration must demonstrate “good judgment”;
- motorists that are detained should be so at a minimal time amount; and
- before the date of the checkpoint, all roadblocks need to be advertised
to the public.
Here are some of the laws that apply to DUI’s:
California Vehicle Code section 23152(a) states: It is against the law
for an individual under the age of 21 to drive a vehicle under the influence
California Vehicle Code section 23152(b) states: It is against the law
for an individual who has 0.08 percent BAC or more to drive a motor vehicle.
California Vehicle Code section 23152(e) states: It is against the law
for any individual to
drive while under the influence of drugs.
California Vehicle Code section 23152(f) states: It is against the law
for a person who is under the combined influence of any drug with alcohol to drive.
For commercial drivers, it is illegal to drive with a BAC of .04% and under
California's zero tolerance law, it is unlawful for drivers
under the age of 21 to drive with .01% or more BAC.
If you are charged with a first time DUI you could be facing:
- Fines between $1,400 and $2,600
- Jail time for up to 6 months
- Driver's license suspension for up to 10 months
- First Time Drinking
and Driving Program
- Mandatory Ignition
Interlock Device (IID)
DUI’s with a prior conviction within 10 years of the prior offense
date will increase penalties including fines and fees, jail time and affect
your privilege to drive a motor vehicle. A fourth DUI conviction within
10 years can result in felony charges.
If you are facing DUI charges
contact The Law Office of Joe Bisbiglia immediately to set up an appointment. I have experience in handling misdemeanor
and felony DUI charges including DUI with injury charges (California Vehicle
Code sections 23153(a)/23153(b).