Fight A DUI

The Camarillo Acorn reports that the winter holiday crackdown on drunk drivers in Ventura (CA) county led to 287 arrests, with a majority of those (135) coming from the Ventura office of the California Highway Patrol.

“We are very pleased with the number of DUI arrests our Avoid the 14 officers made over the holidays,” said Senior Officer Humberto Jimenez of the Oxnard Police Department, campaign coordinator.

“We prevented a great many deaths and injuries by taking these dangerous drivers off the road,” Jimenez said

The crackdown, from December 15th to midnight on January 1st, included sobriety checkpoints, in-city DUI patrols, CHP freeway saturation, and an emphasis on regular beats focusing on DUIs during the period.

California is one of many states that will have a significant increase in DUI checkpoints over the upcoming holidays, with 93 law enforcement agencies spending $3.7 million over the next few weeks. As studies have shown that mandatory checkpoints produce a reduction in alcohol related crashes and fatalities, drivers can expect most of the $3.7 million to be spent in DUI checkpoints.

“Public safety is my No. 1 priority,” said Governor Arnold Schwarzenegger. “Driving drunk or otherwise impaired is unacceptable and a serious threat to themselves and to those around them. I am committed to supporting our state’s law enforcement with the tools necessary to detect and remove impaired drivers and keep our roadways safe,” said the Governor.

Meanwhile, Delaware police will hold six DUI checkpoints throughout the state over the Christmas weekend. Since Thanksgiving, Delaware police have arrested 123 people, with 43 of those DUI arrests coming last weekend.

Hawaii brings a slightly different twist to the DUI checkpoint news, with  students and relatives of DUI victims helping Police on the Big Island during the coming week. At the Pahoa checkpoint, students from Pahoa High School and students from University Mothers against Drunk Drivers (UMADD) will display posters, wave signs, and distribute bottled water to sober drivers as they pass through the checkpoint. In Waimea, relatives of a brother and sister killed in separate drunk driving crashes will display photos of their loved ones.

Nevada will also be participating in DUI crackdowns, with extra focus on the News Years Eve celebrations in Las Vegas and Reno. Fittingly, Nicole Richie, who had been scheduled to host a New Years Eve party in Las Vegas, has announced that she will step down as host following her own DUI arrest last week in Los Angeles.

Concord police plan to conduct a DUI and driver’s license checkpoint from 9 p.m. Friday to 3 a.m. Saturday on Monument Boulevard at Erickson Road.The checkpoint is the first of eight planned for the next two years as part of a “Report Drunk Drivers — Call 911″ program. The checkpoints will be funded by a grant from the state Office of Traffic Safety, according to Concord police Cpl. Carl Gaskins.

A 31-year-old man is facing vehicular homicide charges for the allegedly drunk-driving related deaths of a Marine and his pregnant wife in Los Angeles.

Police say Jose Onesimo Cruz was fleeing a wreck with another motorist on Saturday night when he ran a red light and struck the car with 19-year-old Jimmy Guzman his 18-year-old wife Maria Goya inside.

Guzman was a Marine scheduled to be deployed to Iraq in December. Goya was seven months pregnant. Both died from their injuries.

Police say Cruz’s pickup truck had earlier hit another car, whose driver chased him for three miles. He allegedly ran a light and hit Guzman and Goya’s car during that chase

A California Highway Patrol operated checkpoint in Sonoma county resulted in 2 DUI arrests and 25 vehicles impounded for driving without a valid license.

“Each year, members of our community are needlessly injured or killed on our roads,'’ CHP Capt. Kelly Young said. “Our objective is to send a clear message to those considering mixing alcohol and/or drugs with driving this year (that) the California Highway Patrol will be keeping a watchful eye on you.'’

In all, some 330 vehicles were checked over four and a half hours between 7:30PM and midnight.

The Hollister Police Department will be operating a DUI checkpoint within the City of Hollister timed to coincide with the San Benito County Fair this weekend. The county fair is expected to draw several thousand people to Bolada Park in Tres Pinos.

“It’s a good way to remind people to be safe and catch those who aren’t,” Hollister Police Captain Bob Brooks said.

DUI arrests in San Benito County were up to 361 in 2005, a significant rise from 305 in 2001. Officials hope check points will encourage drivers to stay safe and avoid DUIs.

Forbes is one of the many news outlets writing to let us know that Paris Hilton’s DUI Arraignment has been postponed. From the article:

 Hilton was originally scheduled to be arraigned Thursday on charges that she was driving under the influence with a blood-alcohol level of at least 0.08 percent, said city attorney’s spokesman Nick Velasquez.

…

The 25-year-old Hilton was arrested Sept. 7 after being stopped in her Mercedes-Benz SLR while, she has said, on a late-night hamburger run.

Hilton has no prior DUI arrests. If convicted, she could be sentenced to six months in jail and fined $1,000. The minimum penalty for a first-time offender is a fine, probation and alcohol-rehabilitation program.

The $1,000 minimum fine in California probably matters little to her - but it should be interesting to see the heiress in a rehab program.

Driving Under Influence of Alcohol or Drugs

23152 (a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.

(b) It is unlawful for any 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 any 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 any 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) This section shall become operative on January 1, 1992, and shall remain operative until the director determines that federal regulations adopted pursuant to the Commercial Motor Vehicle Safety Act of 1986 (49 U.S.C. Sec. 2701 et seq.) contained in Section 383.51 or 391.15 of Title 49 of the Code of Federal Regulations do not require the state to prohibit operation of commercial vehicles when the operator has a concentration of alcohol in his or her blood of 0.04 percent by weight or more.

(f) The director shall submit a notice of the determination under subdivision (e) to the Secretary of State, and this section shall be repealed upon the receipt of that notice by the Secretary of State.