Beverly Hills DUI Defense Attorney

November 15, 2013

Breaking Beverly Hills DUI News: Are Designated Drivers Unreliable?

To prevent a Beverly Hills DUI arrest, you should rely on designated drivers. Right?

That’s the conventional wisdom.

But a new study out of the University of Florida in Gainesville is putting that conventional wisdom to the test. According to a June 10th article at LiveScience.com, “roughly 40% of designated drivers still imbibe when they go out, many to a level that would impair them behind the wheel.”

Researchers surveyed club goers in a college town. They gave breath tests to over 1,000 people, including 165 people who labeled themselves “designated drivers.” They tested these people twice – once at 10 P.M and once at 2:30 A.M. 40% – that’s 4 out of 10! – of the so-called designated drivers drank. 70% of these people had BACs of between 0.02% and 0.049%. 18% – nearly a fifth of all designated drivers — had BAC levels in excess of 0.05%.

As regular readers of this Beverly Hills DUI blog might remember, that 0.05% figure has been in the news a lot recently. The National Transportation Safety Board (NTSB) wants to lower the DUI cut-off down to 0.05%. (Currently, the Southern California DUI cut off is still at 0.08% for most adults).

Adam Barry, an Assistant Professor of Health Education, helped run this study. He told reporters that many designated drivers probably think that they’re all right to hop behind the wheel… even when they shouldn’t. Barry issued a sobering statement: “if you’re going to be a designated driver, you should abstain from alcohol use completely.”

That may be easier said and done. But if you’ve already been arrested for driving under the influence in Beverly Hills, what can you do now to contend with your charges and make better decisions about your future?

Rather than relying on intuition or building your Beverly Hills DUI defense based on what you read on the web or hear from friends, connect with the team at the Kraut Criminal & DUI Lawyers to schedule a free and confidential consultation.

Attorney Michael Kraut is a Harvard Law School educated ex-prosecutor who has earned a reputation as an extremely experienced Los Angeles criminal defense attorney. He’s helped many clients just like you deal with complex DUI in Beverly Hills charges.

November 8, 2013

Beverly Hills DUI Lawyer Dilemma: What Happens When an Attorney Gets Busted for DUI… 4 Times?

by Michael Kraut

As you’re searching for a Beverly Hills DUI defense attorney, you’re probably under the impression that most lawyers who focus on criminal defense understand the law well enough to avoid trouble themselves.

Truth be told, most attorneys do behave quite well.

But not all.

Consider the bizarre case of Dan Doorakian, a high level attorney who practices in West Palm Beach, Florida… and who recently got busted for his fourth DUI arrest in four years. The 39-year-old Doorakian is desperately trying to avoid prison time. But local legal analysts believe that he may have a difficult time convincing Judge Marni Bryson to keep him out of jail.

Doorakian wants the judge to consider two months of inpatient rehab he served his to count as “jail time” for purposes of his sentencing. But an anonymous source told Gossip Extra, a local celebrity journalism magazine: “ultimately, he is facing time behind bars, but he is trying to find a way to stay out or just spend a few days there.”

Doorakian’s DUI was his second of the year. He got busted back in January 2013. Prior to that, he picked up two DUI arrests in 2009. He was found not guilty the first time but picked up a conviction for his second arrest and put on probation for a year.

The Takeaway for Your Beverly Hills DUI Defense

This case is disturbing for many reasons. The conventional wisdom suggests that, once you understand the consequences of Beverly Hills DUI driving, you’ll likely avoid breaking the law. But Doorakian’s situation shows that that’s not necessarily the case. In other words, you can have deep knowledge and understanding about what a DUI conviction entails… and STILL be unable to control your behavior.

That case also showcases that there are real limits to what any DUI defense attorney in Beverly Hills or elsewhere can do for you. The facts, ultimately, are the facts. You need to play the hand you’re dealt.

Fortunately, you’re not helpless either. An experienced Beverly Hills DUI defense attorney with the Kraut Criminal & DUI Lawyers would be happy to help you make sense of what’s gone wrong and develop a sound, effective response to your charges. Please call Attorney Kraut today to get insight into your legal situation. Mr. Kraut is a highly respected Harvard Law School educated ex-prosecutor who has helped many clients in complex cases get good results.

November 1, 2013

Beverly Hills DUI Quiz: Are These Crazy DUI Stories Real or Made Up?

by Michael Kraut

Beverly Hills DUI stories have a reputation for being pretty outlandish. The real-life antics of movie stars like Lindsay Lohan and Mel Gibson – along with the strange, wild behavior that we’ve catalogued in hundreds of posts — speak to our weird collective proclivities.

Let’s test your mettle: try to figure out which DUI stories are true and which are false.

1. Son and both his parents all separately arrested for DUI on the same day.

A family in South Canterbury scored the ultimate DUI trifecta. The 15-year-old son got arrested at 12:15 a.m. for DUI, testing at nearly 3.5 times over the legal limit. Police took him to the station, where he called his mom. While on her way to the station to pick him up, the mom was stopped and busted for DUI (nearly twice the legal limit). She then called her husband, who came to get both offenders. The husband in turn was stopped and arrested for DUI!

2. 49-year-old Wisconsin woman called the police on herself after calling 911.

The dispatcher asked her if she was driving behind a DUI driver. She responded: “no, I am them.” BAC tests later showed that she had twice the legally acceptable amount of alcohol in her system.

3. Vermont man charged with DUI after letting his dog drive his pickup.

A 39-year-old farmer and dog trainer in rural Vermont rigged his truck so that his dog could operate the vehicle. Unfortunately, police spotted him “training” the dog on a rural road and found that the erstwhile owner had a BAC of nearly 0.20% — nearly three times the Beverly Hills DUI limit!

4. Woman claims that she couldn’t have been DUI because she is a “breatharian.”

Police in Arizona arrested a woman for driving under the influence – testing her to have a BAC of 0.12%. She denied the charges, claiming that she couldn’t have consumed alcohol, since she lives off of only air and sunlight. This bizarre “diet” – known as breatharianism — has a rich, chequered history going back thousands of years. (It’s obviously impossible, since the human body cannot survive for more than a few days without water or more than a few weeks without food). But the woman may have been the first breatharian ever arrested for DUI.

5. Student arrested for DUI while dressed as a breathalyzer test.

Irony alert! A student in Ohio got arrested for DUI while dressed as the very test that he later failed (he blew a 0.158% — nearly twice the Beverly Hills DUI limit). His costume different drunkenness levels including “boring,” “life of the party,” and “sotally tober.”

6. Police officer singlehandedly arrests 18 different people (in different cars!) for DUI.

In the outskirts of Dublin, an officer was tired of taking flak from patrons at a local pub.

Many people in the pub apparently knew the police officer since he was a child and didn’t respect his authority. To mess with them, nearly two dozen patrons decided to leave the pub at once (while DUI) and drive away. Rather than call back-up, the officer proceeded to find and ticket each one of the drivers.

If you need help deal with your Beverly Hills DUI case, connect with an experienced and highly respected attorney at the Kraut Criminal & DUI Lawyers for a free consultation.

ANSWER KEY:

1 (true); 2 (true); 3 (false); 4 (false); 5 (true); 6 (false)

October 25, 2013

Beverly Hills DUI Update: Amanda Bynes Not Fit To Stand Trial for Her Arrest, Claims Lawyer

by Michael Kraut

Many Beverly Hills DUI stories are tragic-comic tales of celebrities upstaged by their own hubris and overreach.

Millions of Americans like to ponder the odd behavior of divas like Lindsay Lohan and Britney Spears – as well as the atrocious rants and acts committed by the likes of celebrities like Mel Gibson.

But sometimes Hollywood DUI stories aren’t funny. They aren’t object lessons. They’re just plain tragic.

Such appears to be the case with actress Amanda Bynes, who was arrested last April in West Hollywood for driving under the influence. As our Beverly Hills DUI law blog (and many other sources) reported at the time, Bynes tweeted to President Obama asking for lenience in her case: “Hey, @BarackObama…please fire the cop who arrested me. I also don’t hit and run. The end.”

At the time, many chided Bynes for her behavior — they considered it just another example of a bubble gum actress/pop star gone bad. However, Bynes’s behavior continued to deteriorate – but not in a “normal” celebrity meltdown kind of way.

Earlier in the year, she was found lighting a fire in the driveway of Los Angeles home, and she was admitted to a psychiatric ward in July for treatment. The 27-year-old was due in court at the end of September for her DUI, but her lawyer said that she was mentally unfit to go to trial for her DUI, per California Penal Code 1368, which states “If counsel informs the court that he or she believes the defendant is, or may be, mentally incompetent, the court shall order that the question of the defendant’s mental competence is to be determined in a hearing.”

Bynes’ mother, Lynn, has applied to be her conservator, which would give her some legal rights over the actress. The Beverly Hills DUI criminal procedure against Bynes has been paused, while the justice system deliberates to determine whether she is competent to go to trial.

Can Bynes’ case teach us something about how to defend against Beverly Hills DUIs?

One of the interesting lessons here is that a DUI is often a symptom of larger and more complex problems in the life of the defendant.

Many Beverly Hills DUI defendants don’t really look at their DUIs in context. They just want to get out of trouble and get back to their regularly scheduled lives. But really they should see the DUI as a wake up call to get much needed help.

Fortunately, you can start the process effectively today by connecting with Beverly Hills DUI criminal defense lawyer, Michael Kraut, of the Kraut Criminal & DUI Lawyers. Mr. Kraut is an experienced ex-prosecutor who has the wherewithal and experience to get results for you.

September 25, 2013

Beverly Hills DUI Sports News Update – Todd Helton of the Colorado Rockies Pleads Guilty to DUI charges

by Michael Kraut

Time for your Beverly Hills DUI celebrity arrest fix…

Back in February, Rockies star Todd Helton whacked into a curve with his black Ford F-150 truck. Witnesses called police to report the likely-DUI driver.

In early May, Helton wound up in court and pled guilty to DUI charges stemming from that night. He told the judge: “I am very regretful to be here… I’ve taken many steps to prevent this from happening again.” The judge gave the major leaguer a minor league sentence: 24 hours of community service, a year probation, $1224 in fees, and a fine of $400.

Here’s how the events of Helton’s arrest unfolded, according to reports.

A witness saw Helton’s Ford weaving all over the road and called police at around 2 a.m. While officers were on their way, Helton hit a median and stopped at a Conoco Gas Station on the corner of Colorado Boulevard and 128th avenue. When police arrived to a strange sight: the truck was idling, empty, with the driver’s door open.

The baseball great soon emerged from the gas station with chewing tobacco and Lotto tickets… and dressed in camouflage. Officer Ty Deichert described the scene: “I could immediately smell a strong odor of an unknown alcoholic beverage coming from this person, and he was unsteady on his feet. The male’s eyes were also bloodshot and watery…I asked the male where he was coming from, and he stated something about getting his truck washed.”

Helton later tested to have a BAC of 0.12% – that’s 1.5 times the Beverly Hills DUI limit of 0.08%, per California vehicle Code Section 23152.

Was Your Beverly Hills DUI Arrest One of the Most Embarrassing Moments of Your Life?

That Helton was dressed in camouflage seems absurd. The detail humanizes him, but it was probably a hugely embarrassing moment. When you’re a celebrity, you need to protect your brand. That logic applies to all of us, in a sense. You want to be seen in a certain light by your colleagues, by your family, by your friends, by society. When you got arrested for Beverly Hills DUI, odds are that you were “at your worst” — or at least close to that.

To deal with this complex issue strategically, get in touch with a Beverly Hills DUI attorney at the Kraut Criminal & DUI Lawyers. Attorney Kraut is an ex-prosecutor, who spent over 14 years at the service of the city, putting criminal defendants behind bars. He’s also roundly liked and respected in the local legal community.

September 9, 2013

Will Lamar Odom’s Los Angeles DUI Break Up His Marriage with Khloe Kardashian?

by Michael Kraut

It’s been less than a week since Lamar Odom’s Los Angeles DUI sent the blogosphere and twittersphere into a reporting frenzy.

But, already, celebrity reporters and pundits are speculating on how Odom’s DUI will impact his marriage to reality star Khloe Kardashian. The 29 year-old Khloe has not been keeping quiet over her marital displeasures. She confessed over Twitter: “As much as I wish I were made of steel … I am not.” She then tweeted: “I’m pretty damn close to it though, hehe.”

Odom and Kardashian went home in different cars on Friday, August 30th, after Odom’s Los Angeles DUI arrest. Photographers have not seen Lamar or Khloe together, although one intrepid paparazzo saw Odom renting DVDs at a blockbuster in Calabasas.

The 33-year-old NBA superstar has been embroiled by private life problems, including an accident on the 101, before his August 30th DUI. Radar Online reports that Odom got kicked out of the house and had to retreat to his bachelor pad. Sources told Radar Online that the ex-Laker/Clipper “was on his way back to his bachelor pad in downtown, Los Angeles… Khloe… was [pretty likely] asleep and had no clue he left.” Radar Online also reported that Odom got kicked out of the couple’s mansion in Tarzana because he had an affair.

A California Highway Patrol spokesperson described additional details about Odom’s DUI arrest: “Lamar Odom was driving 50 miles per hour on the 101 freeway. He was driving in a serpentine manner, which is pretty bad… Across all lanes on the freeway. I’m surprised he wasn’t rear ended.”

Since Odom refused to take a chemical test for DUI (such as a Los Angeles DUI blood, breath or urine test), his license was automatically suspended for a full year. Bad decisions can compound themselves – that’s why it’s useful to speak to a Los Angeles DUI defense lawyer ASAP.

As Odom and others arrested for driving under the influence of Southern California can attest, situations can easily go from bad to worse. During of times of turmoil, it’s useful to turn to people with experience to get through your crisis.

That’s why so many defendants have had such good experiences working with attorney Michael Kraut of the Kraut Criminal & DUI Lawyers. Mr. Kraut is a seasoned, battletested ex-prosecutor (Harvard Law School educated) who regularly serves as a commentator for ABC News, the Los Angeles Times, and other big media to discuss news stories about DUI in Los Angeles and elsewhere.

August 9, 2013

Beverly Hills DUI Celebrity News: Kat Dahlia, Snagged for DUI in Miami, Cusses Out Police Officer

by Michael Kraut

If you recently got arrested for driving DUI in Beverly Hills, hopefully you behaved a little more calmly than Kat Dahlia allegedly did, after police stopped her recently in Miami.

According to news reports, the “Gangsta” singer was stopped at around 3 AM, after a police officer saw her driving her 2013 Nissan without headlights on. Dahlia, whose given name is Katriana Huguet, smelled like alcohol. She slurred her words and got into a verbal back and forth with the officer. When he asked her to take a field sobriety test, she refused and swore at him. He then tried to arrest her. She apparently resisted and said she wouldn’t put her hands behind her bank… compelling the officer to force her hands. She was then booked at Miami Police Station and charged with resisting arrest and misdemeanor DUI.

The singer had turned 23 just hours before. She had even posted on Twitter that the day was “the best day of the year” for her … at least until her arrest on multiple charges, one presumes.

What’s interesting about Dahlia’s case is that it highlights one of the common (although rarely mentioned) reasons why people get arrested for crimes like DUI in Beverly Hills. Most people think stress, anger, and other negative emotions compel folks to drive DUI. While negative emotions certainly do compel bad behavior, sometimes celebration drives the same process.

When we are in emotionally heightened states – either positive (celebratory) or negative (depressed) – we tend to make decisions more impulsively than we do when we’re in more equanimous states of mind. For instance, it’s much more likely that you will get arrested for a DUI in Beverly Hills after you’ve attended an award ceremony that’s amped you up, than after you’ve had a calm family dinner at a restaurant on Beverly Drive.

This isn’t to say that you shouldn’t celebrate (or get depressed). But rather that, when you’re in situations (physical or mental) that feed high or low emotions, be extra vigilant about your driving. Always be sure to have a designated driver, when you go to a party or a club or other event where you will consume alcohol. And don’t be afraid to take a cab home. It costs a LOT less than the fines, fees, insurance spikes, and mandatory IID installation and maintenance that come part and parcel with a Beverly Hills DUI conviction.

Of course, your saga is not over yet.

Connect with the team here at the Kraut Criminal & DUI Lawyers today for a serious, thorough, and confidential assessment of your defense options. Mr. Kraut is a Harvard Law School educated former prosecutor who has tremendous connections in the Southern California legal defense community. He and his team would be more than happy to provide good insight into your Beverly Hills DUI case.

July 24, 2013

Beverly Hills DUI Showdown: “Teen Mom” Star Pleads Not Guilty to DUI… and Sells Sex Tape to Vivid for $1 Million!

by Michael Kraut

Hopefully, your Beverly Hills DUI story is less dramatic – and less publicly fraught – than Farrah Abraham’s.

The ex-star of MTV’s Teen Mom was pulled over in March for driving under the influence in Nebraska (as this blog and many other media sources reported). At the time, she blew a BAC of 0.147% — that’s nearly twice the legal limit for DUI in Beverly Hills of 0.08%, as outlined in California Vehicle Code Section 23152. In the weeks since, she has piled on an array of excuses. A recent TMZ article tallied them as such:

• People just kept feeding her drinks;
• She was “put in a bad situation” by her sister;
• She was only parking her car, not driving;
• She had a sober friend with her;
• She had a bad cough and couldn’t blow properly.

She pled not guilty to charges of disorderly conduct, refusal to go through a field sobriety test, and DUI. She is due in court on Mary 31st.

Farrah Abraham’s DUI drama is not her only “big news story” – she also inked a deal with Vivid Entertainment to sell a sex tape (or, say observers, a “faux sex tape”) for seven figures. It’s titled: “Farrah Superstar: Backdoor Teen Mom.”

Again, not every Beverly Hills DUI case is as dramatic, fraught, and tabloidy.

But Abraham’s saga has certainly sparked a lot of chatter in the blogosphere and beyond. Is it fair that a woman who behaves so irresponsibly fashion can get rewarded for her outlandish behavior to the tune of $1 million? That’s a question for the pundits and celebrity gossip columnists to debate. But it’s probably a more sophisticated moral debate than meets the eye.

In any event, if you’re someone who faces a DUI in Beverly Hills charge, you probably care less about the tabloid exploits of this teen mom than you do about your own freedom and potential defense strategies:

• Will you lose your license?
• Will you be sent to prison? If so, for how long?
• What can you do to thwart the prosecutor’s charges or at least plead them down to something more manageable and reasonable?

Look to Beverly Hills DUI defense attorney Michael Kraut of Kraut Criminal & DUI Lawyers for assistance with your urgent DUI matter. Mr. Kraut is a widely respected figure in the Los Angeles DUI defense community, and he’s also a Harvard Law School educated ex-prosecutor.

July 12, 2013

Beverly Hills DUI Golf Cart Stories: Back in the News! (Unfortunately, This One Involved a Significant Injury…)

by Michael Kraut

Our Beverly Hills DUI blog has catalogued numerous instances of “golf cart DUI.”

At first blush, this crime sounds funny – like something out of a Caddyshack outtake. But it can actually be a quite dangerous situation.

Consider, for instance, a recent scary case out of Charlotte County, Florida, where deputies arrested Nickoles Chanza (22) for driving a golf cart while DUI and injuring somebody. Chanza and three friends were tooling around in a golf cart in the neighborhood of Harbour Heights on Sunnybrook Road, when the driver took a rapid left turn and onto Marine Terrace and tipped the cart. Nicholas McDaniel, 21, was not strapped in; he fell off and hit his head hard on the pavement.

Rescue workers took McDaniel to Lee Memorial Hospital, where he was listed in critical condition. Chanza, for his part, was arrested and hit with a DUI with serious bodily injury charge as well as improper operation of golf cart.

He was jailed on a $25,000 bond.

Not such a “funny situation” in this context.

And that leads us to a bigger point, which is that Beverly Hills DUIs often are “a lot less bad” than they could be:
• If you were under the influence — and you got stopped at a checkpoint — be thankful that you didn’t hurt anyone or do serious damage.
• If you did hurt someone, be thankful that you didn’t kill someone.
• And if you did kill someone – hopefully you didn’t, but if you did – be thankful that you didn’t kill more people or kill yourself.

The fact is that driving under the influence is fundamentally a dangerous act.

Fortunately, you can make progress towards not only “cleaning up” after your Beverly Hills DUI arrest but also with respect to improving your civic awareness.

Get in touch with ex-prosecutor and highly effective Beverly Hills DUI defense attorney, Michael Kraut, today to discuss your charges and develop an effective action plan going forward.

July 3, 2013

Repairing Your Relationship with Your Spouse After Your Long Beach DUI

by Michael Kraut

Things were already rocky between you and your spouse, before you got arrested for driving under the influence in Long Beach. Now things are worse.

What can you do?

First of all, you need to address the realities of your arrest and all the legal implications. According to California Vehicle Code Section 23152 (a) or 23152 (b), even a misdemeanor DUI in Long Beach (or elsewhere) can lead to jail time, annoying court costs and fees, mandatory installation of an Interlock Ignition Device (IID) in your car, strict probation terms, mandatory alcohol school, and loss of your CA driver’s license. And that’s just for starters! On top of that, your insurance rates can go up and you can lose your job.

That’s brought up not to spook you, but rather to help you focus on what’s truly important right now, which is your Long Beach DUI defense.

In other words, the “practical stuff” regarding your defense needs to take priority. Otherwise, you run needless risks. The longer you delay getting good representation, for instance, the more difficult it will be to take care of/prevent other bad events. For instance, right now you might be able to contest the driver’s license suspension, find evidence to challenge the Long Beach breathalyzer test results, and anticipate what prosecutors may throw at you.

This isn’t to say that you should neglect your relationship. At some point, you DO want to circle back to address pivotal emotional issues. After all, you’re going to need support not only to manage the logistics of your life – e.g. who’s going to drive you and your children places, if you have a suspended license? – but also to keep you from recidivism and boost your confidence.

Obviously, this is a Long Beach DUI defense blog, not a relationship counseling blog. But you might find it useful to treat the “Long Beach DUI conversation” with your spouse (or partner or girlfriend/boyfriend) as you would treat an important business meeting. In other words, prepare for it! Spend time writing down the stuff you want to stay and imaging the conversation going as well as it could go.

If you haven’t yet broken the news to him or her, prepare. If you’ve broken the news, and the “first round” didn’t go over well, you need to go from there. Acknowledge your starting point – don’t lie to yourself or pretend your problems aren’t as bad as they really are. But retain hope and faith that you can get through this — that you will rebound from your DUI in Long Beach stronger, more compassionate, safer, and more resilient than before.

Step one is to understand your current playing field. What’s true now about your arrest, your charges, and your possibilities? Get insightful, confidential answers by connecting with the Kraut Criminal & DUI Lawyers today. Attorney Kraut is not just a very highly regarded and well connected Long Beach DUI defense attorney, but he is also an ex-prosecutor, so he knows what prosecutors will want out of your case.