Holiday is no excuse for driving drunk

Unless you want to risk spending the holidays in jail or the emergency room, don’t think about getting behind the wheel if you’ve been drinking or using drugs. No one wants to languish in a police department’s holding cell on Christmas or New Year’s Eve -- but it happens every year.

You should know that California has some of the toughest laws and penalties for DUI -- driving under the influence -- in the country.

This holiday season, officers from at least 50 law enforcement agencies in the Southland are out in force with additional patrols and sobriety checkpoints.

Many drivers don’t have a clue about the serious consequences of being arrested on suspicion of drunk driving, Los Angeles attorney Jonathan I. Kelman said.

“People don’t realize what a humiliating, sometimes horrifying experience this can be,” he said.

Last year, 1,415 people were killed in alcohol-related accidents in the state, up from 1,308 in 2001, according to the California Highway Patrol. In addition, 32,008 people were injured in alcohol-related accidents last year, up from 31,806 injuries the previous year.

Last year, CHP officers made 82,375 DUI arrests, spokeswoman Anne DaVigo said. Through November of this year, such arrests totaled 80,871.

Attorney Lawrence Taylor, who handles DUI cases, said drunk-driving laws have changed radically over the years.

“A person arrested today in California faces bewildering procedures and potentially devastating punishment that can be more severe than in some felony cases,” he said.

Depending on legal fees, fines, penalties and enrollment in programs to treat alcohol abuse, a first-offense misdemeanor DUI case can cost the accused $1,000 to $10,000. And legal fees for a DUI-related manslaughter or murder case can run $25,000 to $50,000, Taylor said.

Under California law, it is a crime for anyone with a blood- alcohol level of 0.08% or higher to operate a motor vehicle on a public roadway. If you are under 21, it is a crime to operate a vehicle with a blood-alcohol level of more than 0.01%, Kelman said.

If stopped by police, you can refuse to take a field sobriety test (walking a straight line, reciting the alphabet or moving your eyes from side to side).

But you must submit to a chemical test (blood, breath or urine) to determine the alcohol level of your blood at a police facility or hospital. Failure to take a chemical test will result in the suspension of your license for one year.

If you are stopped by police, be courteous and don’t be antagonistic, Taylor said. You are not legally required to “answer potentially incriminating questions,” he said. You can tell the officer you would like to speak with an attorney.

When police officers stop someone, Taylor said, they generally look for these signs of intoxication: flushed face and red, watery, glassy or bloodshot eyes; alcohol odor on the breath, slurred speech; stumbling, disorientation and failure to understand directions.

If you are convicted of drunk driving, the penalty for a first offense could involve a fine, license suspension or restriction, as much as six months in jail or attendance at a DUI education course.

For a second offense, jail time is almost a certainty, Taylor said.

And penalties increase if there were injuries or property damage, if a child was in the vehicle, if the driver was going at least 20 miles per hour over the speed limit, or if the driver’s blood-alcohol level was more than 0.2%.

If the driver is under 21, a longer license suspension also could be imposed.

If there were fatalities in the accident, the driver could be charged with manslaughter or even murder in California.

Beyond the judicial penalties, Taylor said, some drunk drivers lose their jobs, their marriages and custody of their children.

So be sensible: Don’t drink and drive. Have a designated driver or take a cab home. And talk to young people about the dangers of drunk driving.

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Jeanne Wright can be reached at jeanrite@aol.com.