What You Need to Know About LA County’s New Cotton Swab DUI Test

It is no surprise that every year around certain holidays, such as New Year’s Eve, Labor Day Weekend, and Fourth of July weekend, police departments “crack down” on drunk driving and step up their enforcement efforts.  These efforts can include:

DUI Checkpoints

An increased number of officers in the field

DUI Booby Traps

Okay, so the third one is not an actual DUI enforcement method.  But, California’s latest effort to curb DUI’s is no laughing matter.  This past New Year’s Eve, Los Angeles County introduced a new voluntary swab test, which is designed to test for the presence of certain illicit drugs during DUI arrests and DUI checkpoints.  The test works as follows: a police officer, who is suspicious that a driver may be under the influence of drugs, will ask the driver to swab around their gum line and cheeks.  Once the driver is done, the police officer places the sample into a portable machine, which tests for the presence of certain drugs, including:

• Cocaine
• Benzodiazepine (Xanax)
• Methamphetamine
• Amphetamines
• Methadone
• THC (marijuana)

Advocates in favor of this new test, such as Los Angeles City Attorney Mike Feuer, argue that the new test is an efficient way to decrease “drugged-driving.”  Further, prosecutors argue that the approximately 8 minute test is a “more efficient use of resources in drugged-driving cases.”  However, there are many downsides to this new test.

First of all, it is currently unknown how accurate and precise these tests really are.  There are many factors that influence how different people metabolize drugs differently, including: age, weight, and overall health.  Further, there is no reason to believe that these tests will be any more accurate than handheld Breathalyzer tests, which have been used for traditional drunk driving arrests, and are notorious for their inaccuracy.

Second, these tests are voluntary!  That means that the test favors those who know their rights and are less prone to intimidation by the presence and possible interrogation tactics of police officers.  But remember, while blood tests are mandatory, this new swap test is not!

Third, there is a lot of uncertainty regarding how courts will allow prosecutors to use such oral swabs as evidence.  To date, there have been no cases of prosecutors introducing positive swab results into evidence against Defendants in DUI cases.  However, the county has invested a significant sum of money into this new testing procedure, and it is likely only a matter of time before prosecutors attempt to do so.  Therefore, the only way to really be safe is to know your rights and never drive under the influence of drugs or alcohol.  But, if you or your loved ones are wrongfully arrested, an experienced DUI attorney can make all the difference in the outcome of your DUI case.

Avoiding Slip and Falls this Winter

Whether it is slipping on a puddle of rain, an egg yolk spill at a coffee shop, or a broken Christmas tree display at a department store – the risk of a slip and fall accident during the winter holiday season is very high. Here are a few tips to avoid such accidents:

• Use hand railings
• Plant your feet firmly on each step
• Look at the path ahead of you as you walk
• Make sure that you aren’t carrying so many items in your hands that your balance is challenged
• Be cautious of any kind of puddles
• Support yourself when getting out of vehicles

Car Sharing Services Survive So Don’t Drink and Drive

Whether it is toasting the New Year or drinking at annual holiday office parties, many people drink during the holiday season and then they use car service like Lyft to get home.  For those of you who don’t know what Lyft is, it is a ride sharing program where drivers connect with people via a phone application to give them a ride.

Many companies like “Lyft”, “UberX” and “Side Car” have been operating in major cities in California for a while now but, have run into resistance from some municipalities and taxi companies.

However, that all has changed as the California Public Utility Commission finally decided to allow such programs to continue running and created a separate category for them entitled “Transportation Network Companies”.  The category would allow the use of such vehicles and programs to continue operating in California if they follow certain regulations.  Those regulations include:

• Every ride share driver must be subject to a criminal background check
• Every ride share driver must undergo a driver training program
• There is a “zero tolerance” policy for any alcohol or drug use on the part of ride share drivers.  (Meaning, presumably, that one instance where a driver was found to have consumed any amount of drugs or alcohol prior to picking up a rider would ban that driver from the program).
• Every ride share vehicle must undergo a 19 point safety inspection
• The companies must carry insurance with a minimum limit of $1,000,000 per occurrence for any accident involving injury to a rider.

Arrested in OC? A DNA sample could set you free.

If you or someone you know is arrested in Orange County for a minor low level offense a DNA sample could set them free.

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District Attorney Tony Rackauckas started this program in Orange County a few years ago as a response to the backlog of unanalyzed DNA collected by local law enforcement at low-level crime scenes. Basically the program allows the Orange County District Attorney’s Office to drop charges against low-level offenders who agree to submit to a DNA test.

The program has resulted in the Orange County District Attorney’s Office quadrupling its DNA database over the last few years and has allowed the office to use their limited resources to handle more serious cases.

There is no need to even dismiss the cases because the prosecutor never even files the case to begin with. As one district attorney said, “There’d be no necessity for a guilty plea, and a dismissal, or anything like that. It’s advantageous to the defense, and it’s advantageous to us, because we’re able to handle more cases with fewer resources.”

This program is a marvel for many people in Orange County who are first time offenders and get into a little trouble with the law. Many people in Los Angeles County are advocating for a similar program however the program doesn’t seem to be popular with local officials. The OC program has been criticized very much for its ineffectiveness and it does not seem as though it will be adopted by other counties just yet.