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Santa Cruz first time DUI defense lawyerAnyone can be pulled over while driving, and if you are DUI of drugs or alcohol, a routine traffic stop can lead to an arrest. A DUI arrest can be a scary experience, and you may not know what to expect. However, understanding what will happen if you are pulled over and arrested for a first-time DUI will make the experience easier to handle. 

Even if you feel under control behind the wheel, if your blood alcohol content (BAC) is higher than .08% this is considered drunk driving, and you can be arrested on DUI charges. In many cases, a driver will be pulled over for a different reason, such as having a tail light out or speeding. If the police officer who pulls you over has reasonable cause to believe you are under the influence, they can ask you to take Field Sobriety Tests. These tests consist of being asked to get out of your car and performing tasks meant to assess your cognitive functions and ability to operate your vehicle safely, such as reciting the alphabet or walking in a straight line (whether these tests accurately assess alcohol influence is another subject altogether). You may also be asked to take a Preliminary Alcohol Screening, which is also known as a breathalyzer test. This test will measure your BAC, and it often determines whether an arrest can be made.  

If you fail (or as the report may state “did not complete as explained and demonstrated”) or refuse these tests, the police officer will likely arrest you for DUI, and you will be transported to jail or a sobering center and formally charged. You will be asked to take a chemical BAC test of your breath or blood. If you refuse the post-arrest “chemical test” of your blood or breath, or fail to complete it, this can lead to a lengthy suspension of your license – even if you are under the limit. The officer will likely take your driver’s license and issue you a pink temporary license, which kicks off an administrative process at DMV that is separate from the court process.  If you do not request an administrative hearing with the DMV within 10 days, your license will be automatically suspended.

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Santa Cruz DUI attorney parked carDrinking and driving inarguably puts everyone’s safety at risk. Sometimes, a driver leaves an establishment after consuming alcohol, only to realize that their intoxication was more severe than they originally estimated. Safety-conscious drivers may decide to pull their vehicle to the side of the road, find a rest stop, or even park at a gas station to take a quick nap. Although this decision ultimately prevents a potentially catastrophic accident, it also invites curious police officers to investigate the situation. DUI charges are possible in these cases, even when a drunk driver is parked and sleeping safely inside their vehicle.

DUI in a Parked Car

It is possible to be charged with DUI while in a parked car. However, a police officer must typically be able to show that you voluntarily moved your vehicle before the arrest. Voluntary movement may include something as minimal as a car rolling down a driveway after disengaging the parking brake. Other possible evidence that may show a driver moved their car while intoxicated includes:

  • The engine is warm.
  • The driver is in the driver’s seat.
  • The car is in drive.
  • The vehicle is at the scene of an accident.
  • The keys are in the ignition.

Santa Cruz Camping Ordinances

If someone is sitting in their car and behaving normally, a suspecting cop may not have reason to detain a driver, preventing them from obtaining evidence of a possible DUI. However, the city of Santa Cruz, along with many other California cities, has laws restricting sleeping in public. Many of these laws prohibit owners of registered vehicles from sleeping in their cars, except when there is written consent from the land or business owner granting permission, or in a designated camping area. 

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Santa Cruz, CA drunk driving defense attorneyFor decades, drunk driving was considered the most dangerous driving practice. However, in recent years, texting and cell phone usage give stiff competition for that top spot. Distracted driving leads to thousands of injuries and countless deaths every day in the United States. 

With today’s busy schedules, people often use their driving time as a prime opportunity to multitask. Distractions come from sources such as personal grooming, speaking to other passengers, and eating. Texting and other cell phone use is by far the most dangerous type of distraction. Given what we now know, considering both safety and the legal repercussions, which is the riskiest driving behavior: drinking or texting?

Safety Considerations

Overall, the prevalence of DUI is on a downward trend, while the frequency of texting while driving continues to rise. Although texting usually does not constantly affect a driver like driving while intoxicated does, it can cause a person to take their eyes off of the road for an unpredictable length of time. A distraction for even a split second increases the likelihood of an accident by 23%, a rate similar to the probability of an accident after drinking four beers. According to the National Highway Traffic Safety Administration (NHTSA), both behaviors are equally impairing to a driver’s ability to drive. Consider the following statistics:

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Santa Cruz DUI defense lawyer traffic stop tipsDo you ever get so caught up in your thoughts while driving that your brain goes into an “auto-pilot” mode and self-navigates the vehicle the rest of the way to your destination? Even if you arrive safely, not remembering the trip is frightening; however, it is much scarier when police lights are what brings you back to full awareness. Adding a potential DUI to the ordeal becomes the figurative “icing on the cake.” Here are a few tips and tricks to help you navigate the tricky waters of a traffic stop:

Avoid Being Stopped

Preventing a problem is better than fixing one after it becomes a situation. While advising the avoidance of the “auto-pilot” scenario is helpful, no one is perfect, and the mind is difficult to control. With that in mind, semi-conscious driving is not as attention-grabbing as other behaviors. The top offenses leading to police stops include:

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Santa Cruz, CA DUI defense lawyer international travelMillions of Americans travel back and forth to Canada every year. Most of these visits are short day-trips into the country or last only for an overnight stay. When asked at the port of entry, the three primary reasons which people gave for travel are: pleasure, business, and visiting family. It may surprise you to learn that many of these attempted visits were unsuccessful due to an outstanding charge here in the United States. If you have been convicted of driving under the influence (DUI), you may want to reconsider any prospect of traveling to visit our northern neighbors.

Canada Restricts Admittance

Relations between the United States and Canada are amicable, and travel between the two countries is relatively easy. Although you do not need a passport to cross over from the United States into Canada, one is necessary for admittance into the United States on your return trip. Entrance is relatively easy, on a general basis. The Canadian Border Services Agency (CBSA) agent will ask you a series of questions. One query is, “Do you have any criminal convictions?”

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