Let’s face it. Cinco de Mayo on a Saturday night is the Perfect Storm. It’s going to be a giant party, Woo Hoo!

Law Enforcement has announced that it will be present in town and on the highways. Lets make them like the Maytag repairmen, with nothing to do except collect their fat paychecks. Take a cab, beg a sober person for a ride or walk.

Like I tell all my friends, it’s easier to stay out of trouble than to get out of trouble. If you don’t get this message, we’ll be open bright and early Monday morning to answer all your questions about DUI defense.

Denis & Josh

This is a real life account from a client that was on Work Furlough in Sacramento County.  She sent photos but I can’t figure out how to post them in this blog.

April 9, 2012

Subject: Sacramento County Home Detention

I wanted to share with you what I experienced with home detention so that maybe you could share with your clients if you felt it was helpful. My home detention time consisted of 6 full days on house arrest.  I did not leave the house as I was monitored 24/7.

On Monday I turned myself in at 7 am, it took about an hour for the whole process.  You fill out paperwork, submit your
prescriptions, picture taken, take a breath test, submit a urine sample, receive training on items you are to use during your home detention and then see accounting to pay your fees for the equipment.  Later that day an officer came to the house
to verify the equipment was set-up properly and he made a call to the home detention department to verify the signal and connection were complete.  He did not walk the house to verify all items were removed that needed to be, I think this might have been due to my circumstances and reasoning for being on home detention.  He did ask me how many people were in the
house and reiterated that I needed to not drink.

There are three pieces of equipment.  An ankle monitor and some equipment that goes with it along with a blow machine.

Recommendation: A longer sock, the monitor strap stretches out a bit and tends to rub on your ankle, so having a bit
of padding between your ankle bone and the monitor is helpful.

The average times you need to blow per the home detention department is every two hours or so.  I took a daily log which
you will see below.

The blow machine I had alarmed every time you were commanded to blow; the alarm was not loud at all and you have 45 seconds to get to the machine and submit your breath test. Since the alarm was not loud I found myself more-less tied to the area where the machine was located and felt a little anxious about when it would alarm.

HIGHLY Recommended: Before you turn yourself in……… get a baby monitor.  The first three days I did not have one, on the fourth day my friends brought me one and it was such a relief to feel that no matter where you were in the house you would hear the alarm.

• Monday:
  9:31am, 11:01am, 1:06pm, 2:56pm, 5:25pm, 6:56pm, 9:30pm, 10:59pm
• Tuesday:
  7:00am, 9:39am, 11:11am, 12:42pm, 2:14pm, 3:45pm, 7:57pm, 8:34pm,
  10:05pm
• Wednesday:
  6:15am, 8:51am, 11:04am, 12:36pm, 2:07pm, 3:39pm, 5:10pm, 8:46pm,
  10:40pm
• Thursday:
  6:44am, 8:23am, 9:54am, 11:26am, 12:56pm, 3:35pm, 7:03pm, 8:59pm,
  10:30pm
• Friday: 6:16am, 8:46am, 10:50am, 12:22pm,
  1:54pm, 3:25pm, 6:48pm, 8:47pm, 11:08pm
• Saturday: 6:34am, 8:54am, 10:58am, 12:54pm,
  2:25pm, 3:56pm, 6:34 pm, 9:34 pm,

As you can tell there is no rhyme or reason to when the machine alarms.

Sunday I returned the equipment this take about five minutes.  You walk in hand the equipment to the person on duty, they pass you a pair of scissor, you cut off your ankle monitor and DONE.

I hope this information is helpful.

Thank you and if I can add to any of the above or additional items I experience, DUI
classes or ignition interlock let me know.

Best Regards,

Dublin Client

With all the good things that go with being a celebrity, there are at least a few bad.  I just watched a video clip of Amanda Bynes leaving the jail, after being arrested for DUI.  The swarm of people from the media taking photographs and video were so thick, Amanda and the boy that picked her up had a hard time getting to their vehicle and driving away.

People seem to get a certain pleasure out of other’s misfortune these days.  I’m not condoning the the conduct if it turns out the young celebrity was DUI.  Still, I don’t care for the negative attention she was given.  She is just 26 years old and this is a difficult age with or without the celebrity status.  If it turns out that she was driving under the influence (DUI), there will be certain consequences.

Many years ago, when I was 28, I was arrested and later convicted of a DUI.  The only person waiting outside the “old” Sacramento County Jail was my dad.  He didn’t say anything to make me feel worse than I already did.  No one took any pleasure in my misfortune.  My family and friends were supportive and I was allowed to go through the system like everyone else.

Is it envy that makes people wish bad things on those more fortunate than themselves?  Instead of feeling cheated for not having as much money as Amanda, I’m going to hope that she gets through this as well as I did.

If Amanda were to call my office looking for legal advice on what to do, she would be treated with the same respect as all the other decent people that I have represented over the years.  A single DUI is not a “mean people” crime.  It is nothing more than an error in judgment.

I think I have become used to having the Ignition Interlock Device (IID) on my car now.  It rarely takes me two tries to get the car started.  The only time I have a problem is if I don’t take a deep breath before I start.  I don’t feel as self conscious either, as I have learned how to use it without being obvious.

This morning I watched the training video for a second time.  If you are curious, it appears that you can view the 17 minute video by going to the company’s website (www.lifesafer.com).

After watching the video, I have some questions of my own.  After I follow up with LifeSafer, I will share the answers.  For now, here are my questions:

Are low BACs like .021 recorded?

A.  Yes

Is LifeSafer required to report that I tried to start my car with .021?

A.  No.  As a general rule, they are required to notify DMV if you tamper with the device in an effort to circumvent its intended purpose or you miss “running retests.”  If the device beeps, you need to blow into it.  If you do not, it will be recorded as a “missed running retest.”  I purposefully, did not blow into the device when I was a block from my destination because I wanted to see if the beep frequency increased or did anything else I should be aware of.  Don’t do this!  Blow into the device if it beeps, then turn your car off.

If so, who do they report to?

A.  Reporting is done to DMV or the Court.  It depends on which one ordered the device to be installed on your vehicle.

If a person blows a BAC that “locks” them out, how long is the device’s lockout period set for?  In other words, how soon can a person try to start their car again?

A.  If the device locks you out for a high BAC, you will be unable to retest for 30 minutes.  If this happens, you will also have to go to the service center within 7 days.

Today, I also learned that you can call Lifesafer 24 hours a day and be patched through to the tech on call.

More soon………

In my March 28, 2012 post, Lifesafer Interlock had just installed the IID on my car.  It frequently takes me two tries before I am able to get my car to start.  At this point, I think it’s my fault rather than the machine’s.  It hasn’t been anything more than a minor inconvenience so far.

My younger daughter asked me this morning, “What would you do if someone was chasing you?”  It made me think it would be wise for people to remember to lock their car doors as quickly as possible.  You will find yourself distracted by having to deal with something so foreign.  It takes some getting used to and I try to start the car normally out of habit, before I remember I have to wait for the device to warm up and blow into it.

I have noticed some things in particular about having the IID, which may pass the longer the device is on my car.  I feel anxious when waiting for the beep and the need to blow into the device at a random time of 5 to 15  minutes after I first start my car.   During the drive into work and home, I’m very conscious about where I am in traffic and try to position my car so that others won’t see me when the device suddenly beeps and I have to blow into it.  I’ve also noticed that I park a little further out in the grocery store parking lot, where I won’t be so noticeable when I reenter my car and have to blow into the device again.  I have pulled the visor down to hide my face when I think someone might be looking at me.  I don’t suspect that the device is really that noticeable, as I can’t think of a single instance where I saw someone and thought to myself, hey that guy has an IID.  This self consciousness seems to be an unintended consequence of the requirement of the IID, following a DUI .

If you just make a brief stop, like I did at the donut shop on the way into the office yesterday, you might be able to time things so you don’t have to blow into the device to restart your car.  I sat in the parking lot with the car still running until the line inside disappeared.  Then I turned the car off and quickly went in and made my purchase.  I was able to start my car right up, without having to blow again, because it had been less than two minutes.

It has been many years since I thought about stopping to meet friends for drinks after work.  It occurs to me now that having an IID on my car would have discouraged what sometimes turned into more than just a quick pop.  More importantly, it would have prevented me from choosing to drive home.

More later about my life with the IID.

This afternoon at 12:15pm, Anthony from Lifesafer Interlock (800) 373-5625 showed up at my office and installed an Ignition Interlock Device (IID) on my car.  From start to finish he was here for 45 minutes.  I expect he could have been gone much sooner but I had lots of questions.  I liked the convenience of him coming to my office rather than me having to go to his shop.

Generally, the cost is as follows;  $25.00 Administration Fee.  There is no installation fee, unless you want them to come to you and you live more than 10 miles from their shop. (Fortunately, they have a shop in the Northgate area and another in Elk Grove.)  Anyway, if you want them to come to you outside the 10 mile radius, the cost ranges from about $70 to $100.  The montly fee is $75.00 and there is also a $50.00 removal fee.

As far as the installation goes and what they do to the car, Anthony removed a plate under my steering wheel.  He only cut one wire (yes, it was on purpose) in order to connect the device to my vehicle.  He said my car and most others are simple.  He said Mercedes vehicles are more difficult because Mercedes won’t share the information they need to make installation simple.  Additionally, the starter wire is in the engine compartment.

He admitted that the devices can die but said it is very rare.  If the device has a problem, a warning light on the head unit lets you know to get it to the shop quick.  Additionally, in older cars he has found that the battery can drain if the vehicle sits for more than a couple of days without driving it.  If you take your vehicle in for repairs, you simply have the shop call the IID people and they’ll give them the information they need to bypass the device.  Don’t ask the IID people to give you that information because it won’t happen.

The unit has to warm up and takes approximately 45 seconds to do so.  As we move into the warmer weather you shouldn’t have any difficulty.  Anthony also advised I should not leave the device in the sun.  He suggested putting it under the seat when I parked.

In order to start the car, I placed the mouth piece in the device.  Pretty simple.  Anthony gave me 4 mouth pieces and said they were dishwasher safe.  Turn the ignition on like you are going to listen to the radio.  Wait the 45 second warm up time, take a deep breath and “hum” into the mouth piece until you hear the beep.  Yes, you heard it right.  You don’t just blow, you actually have to make noise.  The hum should be at a constant level or tone.  I got it right on the second try.

Once you get your car started, keep the device handy.  There is a random test between 5 and 15 minutes of the time you first start your car and you have to be ready to blow into the device again.  It looks pretty easy and I’ll let you know in my next blog, tonight or tomorrow.  After the initial random test, you will be required to give another sample about every 45 minutes.  If your car stops, for whatever reason, you have two minutes to restart it without having to blow into the device again.

Apparently, there are a lot of possible foods or drinks that can give false positives.  The company gives you a video with many of the items to avoid and a handbook with other tips.  Anthony told me the device will give a warning if the device senses alcohol at a level of .029 and will not start if it reads .03.  So I tested it!  I drank a small amount of hard alcohol.  I waited a short while and then tested myself on an Alcosensor IV Preliminary Alcohol Screening (PAS) device.  The kind that law enforcement uses throughout most of California.  I registered .021.  I went right out to my car and was able to get it to start right up.  So, it’s not exactly zero tolerance, which may also help with those things that might cause a false positive.

Check back with me over the next couple of months and see how I’m doing with the IID.

On March 29, 2012, Lifesafer Interlock (800) 373-5625, has graciously agreed to install one of their Ignition Interlock Devices on my car.  I will be posting my own experiences and hope that you will check from time to time to see how I am doing.  I plan to tell you exactly what to expect from start to finish.

This Sacramento Bee article is what I believe the law contemplated regarding “prior notice.”  Whether or not you believe the check point is to promote public safety, as the article says, it does give the public “notice” by sharing the specific location (Fruitridge Road & Mendocino Avenue) and the date and time (tonight March 3, 2012 8:00pm and lasting for up to 7 hours).  In other check point cases in places like Placer County, the notice is sometimes (maybe always) buried in some obscure website where few if any readers will see it.

This article effectively eliminates one of the factors a DUI defense attorney will able to argue if you happen to be arrested at this check point for driving under the influence of drugs or alcohol.