California DUI Arrests Rise, Yet Percent Convicted Drops
According to the California Department of Motor Vehicles, both the number of DUI arrests and DUI convictions in the state of California rose during the time period of 2001-2007. In 2001, there were a total of 176,490 DUI arrests in California. In 2007, that number rose to 203,866. As far as convictions go, 2001 boasted 140,440 convictions of DUI in the state of California, while in 2007 there were 153,348 such convictions. Interestingly, while the number of overall arrests and convictions has risen over the years, the percentage of convictions in relation to arrests has actually dropped. In 2001, 80% of arrests resulted in conviction, while in 2007, 75% of arrests led to convictions.
The question then arises as to why the percentage of convictions has dropped over the years. In fact, a close examination of the data provided by the California DMV shows that the percentage of convictions did not rise during the period of 2001 to 2007, with percentages either remaining the same or decreasing over the seven year period. What has changed over the years? The way the human body absorbs alcohol? Or the effectiveness of law enforcement tests to conclude how much alcohol is present in a person’s bloodstream?
Alcohol is not digested by the human body, but instead is absorbed into the bloodstream. As blood passes through the lungs, traces of alcohol move across the lung membranes and are released into the air when a person exhales. Depending on the concentration of alcohol in the body, the amount of alcohol released during exhale will either increase or decrease, and is representative of how high a person’s blood alcohol concentration (BAC) is.
Law enforcement officials use a variety of tests to determine whether or not a person has a BAC higher than the legal limit. From simple tests of observation involving agility, balance, and perception, to more complicated tests incorporating the use of devices, such as breathalyzers and intoxilyzers, law enforcement is always evolving its ways in which to tell whether or not a person is under the influence of alcohol.
Therefore, it can be assumed that, while the human body processes alcohol the same now as it always has, and is therefore static and not an indication as to why the percentage of DUI arrests dropped from 2001 to 2007, human judgment in administering tests and determining results are ever-changing, and thus pose the risk of creating false positives, possibly representing the reason as to why a smaller percentage of people arrested for DUI were convicted in 2007 than they were in 2001.
Because tests are administered by people and require the use of devices made by people, human error is a significant factor in determining the validity of test results. One possible explanation for the percentage decrease in convictions may be that devices and techniques became more efficient, thus resulting in fewer clear cut cases of DUI. Therefore, it can be speculated that today’s results too may not be as efficient as they could be, causing innocent people to be convicted of DUI when they shouldn’t be.
If you or a loved one has recently been charged with driving under the influence, you’ll need an attorney on your side that will examine the details of your case and provide you with the strongest DUI defense that circumstances will allow. At The Law Office of Lawrence Wolf, our skilled Los Angeles DUI lawyers will ensure that your rights are upheld in a court of law. If you’re facing charges, don’t hesitate to contact us today at 866-390-7373 for a free consultation.
Source article:http://www.dmv.ca.gov/about/profile/rd/duistats89_99.htm
