Halloween 2015: Don’t End Up Dressed As An Inmate

California’s Office of Traffic Safety (OTS) has scheduled “Halloween California Avoid DUI Task Force Enforcement Campaign” for October 30-31, 2015. The campaign provides local law enforcement agencies with grants to increase efforts in preventing and enforcing driving under the influence. It is likely that the state will see an increase in the number of DUIs during this time period. 

The OTS reports pedestrian deaths are double the average on Halloween and half reportedly involve drugs or alcohol. Statistics reported by the National Highway Traffic Safety Administration show that in 2011, during the Halloween period, 44% of all highway fatalities involved a driver driving with BAC above the legal limit. The aim of a DUI task force is to reduce the number of fatalities and increase the safety of our roads and highways. The result, a lot of people are arrested and charged with driving under the influence.

If you are arrested for DUI, it does not mean that you will necessarily be convicted of DUI. The prosecution has the burden of proving a case against you beyond a reasonable doubt. The officer must be able to establish that he had probable cause for stopping you. If you are arrested at a sobriety checkpoint, the checkpoint itself, may be challenged. The evidence presented against you must comply with the rules of evidence.

It is important that you contact an experienced DUI defense attorney as soon as possible if you are arrested for DUI. If you do not request a DMV hearing within 10 days, the DMV will suspend your license 30 days after your arrest.  A knowledgeable and experienced DUI defense attorney will assist you in scheduling an administrative hearing with the Department of Motor Vehicles. At the hearing, you will be given the opportunity to challenge the suspension of your driving privileges. The hearing is separate from criminal proceedings, which will likely follow.

If you have been arrested and charged with driving under the influence of alcohol, our criminal defense attorneys are here to help. Call or email us today to schedule a free case evaluation with an attorney at Hammerschmidt Law Corporation.