An assemblyman from San Mateo has introduced legislation calling for increased restrictions on driver’s licenses following a third arrest for driving under the influence in California. Jerry Hill has proposed a 3-strike law that would allow judges to permanently revoke a license after a third CA DUI. The legislation would also allow the Department of Motor Vehicles to review a driver’s complete drunk driving history when considering license suspension or revocation.

Currently the DMV has the ability to look back ten years when considering the administrative suspension of a motorist’s license for DUI in California. The new legislation would certainly increase California drunk driving penalties for chronic, repeat offenders.

Hill submitted the legislation after learning that two constituents in his district have nine California DUI arrests on their records. He expressed dismay that drivers in California are still legally qualified to operate a vehicle as long as they had not killed or injured anyone during their DUI incidents.

Statistics compiled by the DMV show that 34,145 motorists in the state have three or more arrests for California drunk driving on their records. 154,337 drivers have two or more DUI arrests.

Have you been arrested for drunk driving in CA?

The Office of Traffic Safety has announced that $8 million has been allocated for law enforcement activities that deter driving under the influence in California. The monies, an increase from $5 million in 2009, will be used to fund DUI checkpoints throughout the state. 148 agencies will share the grant money to conduct more than 2,500 sobriety checkpoints. That is an increase of 47% over this year’s efforts.

The OTS director said that California conducts more DUI checkpoints than any other state, and declared 2010 ‘The Year of the Checkpoint’. In 2008, the last year with complete records, there were 214,811 arrests for DUI in CA.

Have you been arrested for DUI in CA at a checkpoint?

For the seventh year, the Salinas Police Department will be presenting turkeys to certain drivers who pass through a sobriety checkpoint Tuesday night. The decision on who gets the turkeys is random, and the event has become so popular that police are asking motorists not circle through the checkpoint multiple times in an effort to get the free gift. Police are also keeping the specific location of the DUI checkpoint a secret.

The turkeys are donated by local businesses, the police department and citizens who wish to contribute.

Those suspected of driving under the influence in the Northern California town will be arrested as usual. The Salinas sobriety checkpoint may be the only one that drivers seek out rather than try to avoid.

Did you get arrested for DUI in California?

The daughter of Sen. John Kerry was arrested early Thursday morning for driving under the influence in Los Angeles. Alexandra Forbes Kerry was stopped in the Hollywood area around 12:40 am for a traffic violation. She refused to submit to a preliminary breath test and, after reportedly failing a field sobriety test and appearing to be under the influence of an intoxicant, was booked on suspicion of CA DUI. At the LAPD station she did submit to a breath test and registered a blood alcohol content of .06%. Under California DUI law, a motorist can be charged with DUI with a BAC under the legal limit of .08% if the officer feels the vehicle is being operated unsafely.

Kerry posted $5000 bond and was released around 5:30 am. The Los Angeles City Attorney is reviewing the case but it is suspected that formal charges will not be pursued.

Alexandra Forbes Kerry, 36, is the oldest daughter of former presidential candidate John Kerry. She is a documentary producer and occasional actor living in Southern California.

Have you been arrested for DUI in LA?

A Kern County sheriff’s deputy was charged with drunk driving in California early Friday morning, after he attempted to help with a traffic collision. Jessie Alvarez was off-duty when he stopped along Interstate 5 to assist at the accident scene around 2:15 in the morning on October 23. A California Highway Patrol officer suspected Alvarez was driving under the influence of alcohol and had him taken to a local substation to have his blood alcohol content checked.

Alvarez, 30, was booked for misdemeanor CA DUI and for having a BAC above the legal limit of .08%. He is subject to an administrative investigation, and is expected to be placed on leave.

Were you arrested for drunk driving in Kern County, CA?

Andy Tuan Ngoc Quach, a councilman for the city of Westminster in Orange County, was arrested on suspicion of driving under the influence in California after striking a utility pole. Quach was reportedly driving home from dinner with friends when he struck the power pole around midnight with his Mercedes Benz S550. The impact knocked out power to about 300 homes in his city. Emergency crews restored power around 2:30 pm.

Quach, 37, claims to have nodded off and does not admit to being drunk. He did not submit to a breath test though he did provide a blood sample to test his blood alcohol content. Quach said he would assume “full responsibility for everything.” He has served on the city council for seven years.

Were you arrested for DUI in OC, CA?

On Thursday the California Supreme Court unanimously ruled that breath test results can vary between people. The finding bolsters claims by DUI defense attorneys that breathalyzers may not accurately detect the percentage of alcohol in a motorist’s blood system and result in a false arrest for driving under the influence. A handful of courts across the country have made rulings similar to that of the California high court.

Alcohol is carried through the blood stream to the brain, liver and heart before being diffused in the lungs. A breathalyzer is intended to analyze exhaled breath and determine if a driver has a blood-alcohol content above the legal limit for intoxication. The problem is that the source code assumes one model for a body’s ability to process alcohol and uses a straight line of assumptions to determine BAC. In actuality, it has become increasingly recognized that body temperature, atmospheric pressure, medical conditions as well as the calibration of the device can create a wide fluctuation in results.

In California, a DUI can be charged two ways: when a motorist exhibits obvious signs of intoxication, like blood-shot eyes, slurred speech and a lack of stability; or when a test for blood alcohol content registers .08% or higher. In the latter case, the threshold is considered definitive for intoxication even though the driver may show no signs of impairment.

The application of penalties for drunk driving is rarely graduated based on level of blood alcohol content and a motorist typically faces severe financial, legal and social difficulties by being found guilty of driving under the influence. The fact that a motorist may be prosecuted based on a false reading is one of the concerns being addressed by the courts. By law, a defendant has the right to challenge an accusation of a crime, though until recent court rulings, the workings of the equipment and the nature of the source code were held as trade secrets by the manufacturer.

The high court justices believe entering evidence of the variability of test results to the jury does not remove the presumption of intoxication. Prosecutors accept that more breath test evidence will be challenged in California DUI cases, but agree that there often is additional evidence to warrant a conviction for drunk driving.

DUI defense lawyers are pleased with the ability to raise the question of the accuracy of breath tests and the court’s acceptance that one-size does not fit all.

Did you recently take a breath test and were arrested for DUI in CA?

California Highway Patrol officials revealed that 1,239 motorists were arrested for suspicion of driving under the influence over the holiday weekend. A targeted CA DUI enforcement effort was conducted between 6:00 pm Friday and midnight Sunday. There were 1,684 California DUI arrests during the same three day period last year.

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A Los Angeles County Superior Court judge was arrested late Thursday night for suspicion of driving under the influence in California. Judge John Thaddeus Doyle was stopped in the Baldwin Hills area of South LA around 11:15 pm for a traffic violation and subsequently charged with drunk driving. He was released around 4:30 am Friday after posting $30,000 bail. Doyle, 56, serves the Compton and Glendale courthouses.

Have you been arrested for DUI in LA, CA?

California state lawmaker John Benoit has sponsored legislation that would suspend a California driver’s license when an individual is convicted of boating under the influence of alcohol or drugs.

In the mid-90’s the California Department of Motor Vehicles began suspending the privilege to drive a vehicle following a BUI conviction. That action was stopped following a 2008 decision by the California Court of Appeals that the DMV lacked the authority to do so. Senate Bill 154 aims to reinstate the license suspension penalty. The legislation calls for the DMV to suspend driving privileges for those with a prior conviction for California DUI or BUI when found guilty of a subsequent offense. Offenders would also be required to complete an alcohol education program.

State records show that approximately one quarter of all deaths on California waterways involves alcohol impairment. Benoit issued a press release stating, “My legislation reflects the seriousness of BUI offenses, protecting the safety of travelers on California’s streets, highways and waterways.” The bill was passed by the Senate in late May and received support from the Assembly Committee on Public Safety last week. It is now scheduled for review by the full Assembly.

Have you been charged with BUI in CA?