Third-Time DUI Offenders in California Could Lose License for a Decade

The new message in California toward repeat drunk driving offenders is clear: get off the road, for ten years. A new California penalty taking effect in 2012 rules that if someone has three arrests for driving drunk within a decade span, they can lose their driver’s license for ten years. The bill was signed into law in September 2010, and could spur tougher laws nationwide toward repeat drunk drivers.

Riverside California Police Chief DUI Scandal

Authorities say that when they stopped Riverside Police Chief Russ Leach he was so intoxicated he didn’t know where he was. He had allegedly mixed 11 drinks with up to five prescription medications before wrecking his official city vehicle.

Leach, 62, was charged on March 22nd with misdemeanor driving under the influence of drugs and alcohol and driving with a blood-alcohol level above the legal limit. He is on leave seeking medical retirement.

At the time of the incident, police stopped Leach but did not give him a sobriety test. They drove him home and took no immediate action. City officials responded by handing the case over to the California Highway Patrol for independent review and to open an internal affairs investigation because the stop was not handled using established procedures when a driver is suspected of driving while intoxicated.

"Primary among my concerns in this matter is that the former Chief was provided treatment beyond what other motorists would be afforded in similar circumstances," City Manager Brad Hudson said in a statement.

Although the police did not detain Leach, they did note that he smelled of alcohol and could not stand up straight. They also noted slurred speech according to a CHP arrest warrant declaration.

CHP officers interviewed people who had spent time that Super Bowl Sunday with Leach to recreate what happened. They also looked at receipts and video. They allege that he had four beers at home then seven Chivas Regal scotches at a topless bar. Leach has also indicated that he was under the influence of two Vicodin, two Xanax, an antihistamine, as well as a muscle relaxant. He may have also taken two Ambien, which are sleeping pills, before driving.

Video was obtained from a surveillance camera at the topless bar. Footage shows a disoriented Leach, according to the report by CHP. An employee stated that she offered to call him a taxi, which he declined.

Leach hit an object while driving, then continued to drive on the rims of his city-issued Chrysler 300. One official said that the body damage was caused by disintegration from driving after the accident. Pieces from the rims of the Chrysler littered one of the streets in Riverside. Leach was also caught on camera running a red light. A few minutes after that, he was pulled over.

Because police just drove Leach home, investigators do not have blood, breath, or urine test results. However, it is possible to prosecute DUI cases based on interviews and video evidence.

Patrol car video also show him “unsteady on his feet” and the police who pulled him over say they both agreed he was under the influence.

Police did not notify city officials about the incident hours after it occurred, which is a violation of police procedure when a high-profile city official is involved in such an incident. It is unclear who made the decision for the officers not to arrest Leach or even to give him a sobriety test.