The CHP has just released a study it conducted, and the study’s results are likely to mean even more aggressive enforcement of DUI laws by the Highway Patrol and other law enforcement agencies throughout California. The study concluded, perhaps not surprisingly, that DUI stops and arrests prevent drunk driving accidents.
Probable Cause and Suppression of Evidence
At first this seems like a no-brainer, but a more careful look raises some important questions that criminal defense lawyers and their clients in DUI cases have to consider. For example: How can the CHP predict with any reliability that a person who is intoxicated will get into an accident? Will the study’s result influence policy decisions and reduce officers’ discretion in the field when it comes to who to stop and who to let go versus who to arrest? Will prosecutors cite the study in courtroom arguments over probable cause and suppression of evidence? Will drivers no longer get the benefit of the doubt in close cases, e.g. where a blood alcohol level is below the legal limit? Currently, CHP officers will not arrest someone for less than .08 blood alcohol level, without a supervisor’s authorization. Will supervisors now be more lenient about arresting people who are under the legal limit?
Meister Law, Experienced Defense Lawyers
Those and other questions will be the subject of court fights in the weeks and months to come. If you or someone you care about has been arrested for a DUI or the DMV is trying to take your driver’s license away, call an expert DUI attorney at the Meister Law Offices, 213-293-3737.