Memorial Day Weekend is a popular time for families and friends to barbeque and party. Memorial Day Weekend is also one of the most dangerous times of the year to be on the road. According to the National Highway Traffic Safety Administration, drunk driving incidents spike significantly during Memorial Day Weekend. Police officers are highly aware that Memorial Day Weekend is a time for people to indulge in alcohol and recreational drugs. As a result they ramp up DUI enforcement using the following tactics:
- More officers on duty
- Sobriety checkpoints
- Saturation patrols
- Increased presence at times and locations with high DUI rates
In California, there are two fundamental drunk driving laws. Vehicle Code section 23152(a) says that it is a misdemeanor to drive under the influence of alcohol or drugs. Vehicle Code section 23152(b) states that it is a misdemeanor to drive with .08% or more of alcohol in your blood. Drunk driving that results in an injury is reflected in a different code section that describes "felony DUI."
Lessem, Newstat & Tooson, LLP has great skill in defending DUI cases. From their experience, they have learned that there are certain legal rights that are often ignored by police officers when they come across a person they suspect is drunk.
If you have plans to enjoy the upcoming holiday weekend, we encourage you to stay safe and plan a sober ride. Should you or a loved one find yourself facing charges, we're available to help as soon as you call us.
Keep in mind:
- The police officer must have "probable cause" to stop, detain, and arrest you.
- You do not have to submit to field sobriety testing or portable breathalyzer tests by the law.
- If you are arrested, you must be read your constitutional rights.
- You have the choice of either a breath or blood test. If you do not want to take either, you must be made aware of the legal consequences.
- If you submit to a breath test at the police station, you must be given the opportunity to have a blood sample taken so that your DUI Defense Attorney can use it later.