Driving Under the Influence of Alcohol

December 20, 2013

License Suspended Due to a Los Angeles DUI? 3 Tips to Deal with the Annoyances

One of the most stinging, annoying punishments for a DUI in Los Angeles is the license suspension.

Even if this is your first ever DUI – indeed, your first time doing anything illegal – prosecutors can ask the Court to suspend your license for six months or a year or even longer, depending on what happened. Whether you’re a UCLA or USC student, who needs a California driver’s license to attend class; or you’re a single mom of three who needs a license to get to and from work, you want to avoid or at least minimize the suspension.

Here are 3 strategic ideas:

1. Retain a Los Angeles DUI defense lawyer, sooner than later.

Don’t wait. The clock is ticking, and a suspension may soon automatically go into effect. A seasoned attorney can tell you how you can fight back. Perhaps you can stop the suspension or at least obtain more lenient terms.

2. Once you know how many days (or months) you’ll need to go without a license, make an action plan.

First, determine your ideal outcome. How do you want the next four months (or however long the suspension will last) to work? Make a list of goals. For instance:

• Keep my job;
• Make sure I can get the kids to and from school and doctors appointments, etc.
• Stay out of legal trouble (i.e.. don’t violate the terms of the suspension);
• Arrange alternative transportation, so all bases are covered.

Once you’ve got a solid list of goals, work backwards to try to achieve them resourcefully. Ask yourself questions. For instance:

• Can the kids take the bus for the next three months?
• Can a neighbor or nanny help with errands?
• Can your spouse or partner help with childcare responsibilities?

An experienced Los Angeles DUI defense lawyer can advise you about this plan.

3. Execute your action plan, and stay the course.

Setbacks may happen, no matter how well you plan. For instance, you may not be able to anticipate an illness in the family. Or your boss who originally agreed to let you telecommute may change her mind and demand you come to the office every day. Solve such problems when they occur, and be creative and resourceful.

For help dealing with your Los Angeles DUI charges, connect with Attorney Michael Kraut of the Kraut Criminal & DUI Lawyers to schedule a free, no pressure consultation.

December 13, 2013

Los Angeles DUI Legal Update: National Transportation Safety Board wants BAC Cutoff Dropped from 0.08% to 0.05%

by Michael Kraut

As regular readers know, the Los Angeles DUI limit, as defined by California Vehicle Code Section 23152(b), is 0.08% BAC, as it is for most of the country.

However, that might all be about to change, thanks to a new initiative spearheaded by the National Transportation Safety Board (NTSB). According to the NTSB Chairman, Deborah Hersman, “most Americans think we have solved the problem of impaired driving, but in fact, it’s still a national epidemic … on average, every hour one person is killed and 20 more are injured.” Investigators want to alter the recommendations to reduce alcohol impaired crashes, citing research that suggest that cognitive and visual impairment begins to decline at a BAC of 0.05%, rather than at 0.08%. The NTSB also says that America is behind the pack: over 100 countries worldwide have their BAC max set at 0.05% or lower.

It’s understandable why the NTSB wants to crack down and enforce more draconian Los Angeles DUI rules. But let there be no doubt – at least compared to the current paradigm, the measures the safety board wants to pass are, indeed, draconian. They include:

• Mandatory installation of interlock ignition devices (IIDs) for all offenders (currently, only one in four DUI offenders, nationwide, gets an IID);
• Stricter compliance with IID rules;
• The Board wants to boost the number of high visibility anti-DUI enforcement efforts, such as saturation patrols and sobriety check points;
• The NTSB wants police in Los Angeles and elsewhere to utilize passive alcohol sensors to look for alcohol in the ambient environment.

The NTSB and other concerned groups cite scary facts. Some statistics suggest that people who are under the influence of alcohol cause 60% of all wrong way accidents. Check out the report for yourself at http://go-usa-gov/Te: “reachingzero:actionstoreducealcoholimpaireddriving.”

The NTSB and the National Highway Traffic & Safety Administration (NHTSA) want to help states like California improve the effectiveness of their anti-DUI programs by finding and communicating best practices.

But not everyone is on board with the proposed changes to Los Angeles DUI limits.

The American Beverage Institute’s Managing Director, Sarah Longwell, lashed out against the NTSB’s recommendations, calling them “ludicrous.” She told reporters “moving from 0.08% to 0.05% would criminalize perfectly responsible behavior … further restriction of moderate consumption of alcohol by responsible adults prior to driving does nothing to stop hardcore drunk drivers from getting behind the wheel.”

Per government statistics, if you’re at or above 0.08% BAC, you’re 169% more likely to get into a crash than a sober driver would be. But if you’re at 0.05%, you’re just 38% more likely. That may make the NTSB’s case seem bulletproof. But consider that drivers who do not sleep for 24 hours are at least as impaired as Los Angeles DUI drivers.

By that logic, should we criminalize “insomniac driving” the same way that we criminalize DUI? If not, why not? After all, studies show that driving while exhausted is just as dangerous as driving DUI.

It’s easy to gin up moral outrage at DUI driving. Obviously, it’s a problem that any responsible Los Angeles DUI defense attorney wants to stamp out as well. We all want to drive on safer roads and protect ourselves, our friends, and loved ones. The question is: how do we do this? What laws and rules and societal norms should be adopted and enforced? Furthermore, HOW should those rules and norms be enforced?

If you’ve recently been arrested for driving under the influence in Los Angeles, these questions are far from theoretical for you. Fortunately, the Kraut Criminal & DUI Lawyers in Los Angeles is standing by to provide sensible, accurate Los Angeles DUI defense help. Connect with us today for a free consultation with an experienced ex-prosecutor.

December 11, 2013

Too Injured And/Or Sick to Deal With Your Glendale DUI Charge?

by Michael Kraut

As a Glendale DUI offender — who caused an accident or suffered an illness or accident after the fact — you face a catch 22. You know that you need to build a sound defense. But you also have almost no energy to get the process started.

That you’re even able to surf the internet for advice about Glendale DUI is a pretty big accomplishment, given what you’ve been through. Unfortunately, as much as you’d love to be able to rest and recuperate, the longer you delay getting started with your DUI defense, the more difficult it may be to preserve your license, avoid jail time, and maximize your case.

• Maybe you hit a pole on Olive Blvd while driving DUI in Glendale, and you sustained a concussion, bruises, broken ribs, and worse.
• Maybe you don’t have any friends or family around to help you take care of matters.
• Perhaps you got a DUI at a checkpoint — police arrested you because you didn’t do well on your Glendale field sobriety test due to a previous injury. If your legs or knees hurt, it’s hard to walk a straight line, stand on one leg, et cetera.

The good news is that it doesn’t take that much effort and energy to lay the groundwork for an effective defense. A brief and confidential consultation with the team here at the Kraut Criminal & DUI Lawyers, for instance, can be all it takes. We can help you with “legal stuff,” so you can focus on healing from your injuries.

Recovering from a Glendale DUI accident or arrest is as much a psychological game as it is a physical one. Attorney Michael Kraut is an experienced, sensitive Burbank DUI criminal defense attorney. He’s worked with many clients who’ve been hurt in crashes; he understands the complex stresses that you’re under.

Just because you’re hurt, scared and under duress does not mean that you have to suffer in silence and accept unfair punishments.

December 2, 2013

Pasadena DUI Sports News: Evan Rodriguez (of the Chicago Bears) Nearly Twice the Legal Limit (0.17%)

by Michael Kraut

The story of Chicago Bears’ fullback Evan Rodriguez may be an important cautionary tale for Pasadena DUI defendants.

On May 31, Illinois State Police stopped Rodriguez on the Kennedy Expressway (early in the morning) and tested him to have a BAC of 0.17%. For those of you keeping score, that’s nearly twice the legal limit for Glendale DUI of 0.08%, as set forth in California Penal Code Section 23152. Coach Phil Emery chastised Rodriguez early in the off season, when the fullback got into a scrape with police in Miami Beach. Police cited him for speeding and improper lane usage on I-90. Taken in context with his March arrest for resisting a police officer, the situation doesn’t auger too well for Rodriguez.

If you were arrested for extreme DUI in Pasadena (more than twice the legal BAC limit), you could be subjected to extra penalties, including extra jail time and very restrictive probation terms.

Meanwhile, elsewhere in Cook County, a 53-year-old grandma got convicted of her seventh DUI on May 30th. The woman went drinking before she picked up her one-year-old grandchild from a local daycare. A jury convicted her of a special kind of crime – a Class X felony – and she faces up to 30 years behind bars.

According to news reports, police arrested Jenkins in April 2012, after she picked up her granddaughter at the Community Child Care Center of Palatine Township. Daycare workers were concerned. They thought she had been drinking. They saw her stumbling. After she hit another car while leaving the daycare, workers called the police, who stopped her on Quentin Road and subjected her to a field sobriety test.

Her breathalyzer tests were not sufficient to provide a reading, but witnesses at the daycare believed that she had been under the influence. In his closing statement, a prosecuting attorney told jurors, “the assistant director came out and pled for the defendant not to drive away, that she would call a cab. The defendant told her to go to hell.”

The law treats recidivist Pasadena DUI defenders very seriously. In fact, if you’re pulled over for a “standard DUI” — and you’ve already been convicted twice for DUI in the last 10 years — prosecutors can automatically elevate your charge to a felony.

This means that, instead of facing a few hours or days behind bars, you could face a half a year – or much more, particularly if you hurt someone, pulled a hit and run, resisted arrest, et cetera.

Building a strong defense against Glendale DUI charges is a challenging business, even if you have grounds to challenge the breath test or dispute the police’s version of events.

Fortunately, you don’t have to wage this battle on your own. The team here at the Kraut Criminal & DUI Lawyers is standing by to give you sensible, effective guidance. Connect with a former prosecutor and Harvard Law School educated attorney today for help to get the results you want for your Pasadena DUI case.

November 27, 2013

Los Angeles DUI Attorney Blog Analyses Ambitious New NTSB Guidelines

by Michael Kraut

In a recent blog post, this Los Angeles DUI defense blog summarized some of the dramatic anti-DUI recommendations proposed on May 14th by the National Transportation Safety Board (NTSB). The Board, together with groups like Mothers Against Drunk Driving (MADD), wants states like California to institute a rash of enforcement and policy measures, including:

• Mandatory interlock ignition installation for anyone convicted of DUI;
• More research on administrative license revocation (which lets police seize your license during an arrest);
• Most dramatically, lowering the DUI legal limit from 0.08% to 0.05%.

According to uncontested statistics, 30% of all fatalities on U.S. roads are tied to DUI driving. Three decades ago, 21,000 people annually lost their lives to DUI. That number has plummeted to around 10,000 deaths a year. That’s still 10,000 too many, but we’re certainly headed in the right direction.

President Obama has gotten behind strong anti-DUI laws. Since he committed to making U.S. roads safer, we’ve seen a substantial national decline in DUI accidents. But when taken in international context — over 100 other countries on the planet have DUI limits of 0.05% BAC or lower — our current laws and Los Angeles DUI limit of 0.08% seem downright lax by comparison.

Bill Maher sarcastically tweeted: “Nanny-staters, enough! Now they want to lower the legal blood alcohol limit from 0.08 to 0.05? I’m just glad George Jones isn’t alive to see it.”

But is there another side to this story?

Unsurprisingly, the American Beverage Institutes does not like the NTSB recommendations.

The group worries that lowering the BAC way down to 0.05% would criminalize perfectly responsible behavior. Depending on your height, genetics, metabolism, sex, and dozens of other factors, you could reach 0.05% after just one drink!

On the surface, the NTSB recommendations sound smart. They could very well save lots of lives, if they were implemented effectively. But would the recommendations create more criminals? Would they criminalize normal and safe behavior?

Furthermore, are we focusing too much on Los Angeles DUI behavior? Why not crack down on people who chat and text on their cellphones while driving — or who drive while extremely fatigued? After all, many studies (such as a famous one done at Virginia Tech several years ago) suggest that texting while driving is actually MORE dangerous than driving DUI in Los Angeles.

Should texters be given the same punishments as DUI drivers? Should they be forced to spend years behind bars, pay thousands of dollars in fines, go through “texting behind the wheel rehabilitation” programs, and so forth?

This blog obviously cannot resolve or even articulate all the challenging questions raised by the NTSB recommendations. That said, you’re probably less interested in this general discussion and more keen on getting practical help with your DUI arrest and defense.

Look at the team here at Kraut Criminal & DUI Lawyers for sensible, sensitive insight into your case. Call attorney Kraut and his team to help structure a DUI defense today.

November 22, 2013

DUI in Burbank Arrest: A Few Seconds of Bad Judgment, a Lifetime of Regret?

by Michael Kraut

On some level, you recognize that your Burbank DUI arrest could have lingering effects for months or even years.

You can’t help but wonder: “what if?”

• What if you had taken a different route home and avoided the checkpoint on Olive?
• What if you’d had one fewer drink, and you only blew a 0.06% on the breath test… instead of a 0.10% on the breath test, like you did (thus putting you over the legal limit, per California Vehicle Code Section 23152(b))?
• What if you had stayed in that night instead of partying with your friends?

These kinds of scenarios — known as counterfactuals — can drive anyone a bit crazy. If you had done a few small things differently, you wouldn’t have a huge Burbank DUI defense crisis on your hands.

To protect your sanity — and to ensure that you stay focused on what needs to be done — put the counterfactuals aside. What happened, happened. You got a Burbank DUI. That’s reality.

If this was your first arrest — and you didn’t hurt anybody — prosecutors might only try to tag you with a misdemeanor. If convicted, you can still face punishments like jail time, probation, and California license suspension. If you committed a more serious crime — like hit-and-run or an injury DUI — prosecutors can ask the court for harsher penalties, such as longer jail time and long-term restrictions on your driver’s license and other rights.

Regret is a natural emotion. But it’s only useful if it helps to direct your activities and your thoughts. Rather than focus on what you should have done, focus on what you’d like to happen now.

Imagine if everything “went your way.” What would that future look like? Would it mean that all your charges would be dismissed? Would it mean that you’d get away with a relatively minor punishment? If you caused an injury DUI in Burbank, would it mean that the person you hit fully recovered and forgave you?

Try to get as clear as possible about what you’d love to happen. Then direct your energies to that end. There is a strategic reason for doing this exercise. When you have a crystal picture of what you want to accomplish, you will find it easier to get motivated and to take the actions you need to take to make that inviting vision a reality.

Let the Kraut Criminal & DUI Lawyers help you on this journey by providing a free, private consultation. We can help you understand your charges and construct and deliver a sound Burbank DUI defense.

November 20, 2013

Burbank DUI Sports News: Cautionary Tale of Seahawks Erstwhile Backup QB, Josh Portis

by Michael Kraut

Driving under the influence in Burbank (or anywhere else) can have immediate, awful consequences, even if you ultimately clear your name and your record.

For instance, you could lose your job, get dumped, get kicked out of school, or struggle with business or personal issues because of the DUI.

Case in point, consider the sad situation of the Seattle Seahawks’ (former) quarterback, Josh Portis, who was arrested in early May in Washington State, after police saw him driving 80 miles per hour in a 60 mile per hour zone. The backup QB — who’s known for his deep arm and tireless athleticism — did not exactly pass his field sobriety tests with blazing colors. He also struggled on the breath test. He blew a 0.078% and a 0.092% in two tries. That’s right below and right above the legal limit for Burbank DUI, as defined by California Vehicle Code Section 23152.

As regular readers of our Burbank DUI blog can tell you, the discrepancy between the two readings could actually be pretty important.

Especially when you are dealing with a liminal case (right around the legal limit), small errors can have a big effect. For instance, if Portis blew “harder than normal” into the machine, he might have registered a 0.092% BAC, even if, technically speaking, his BAC was below the 0.08% cutoff point.

Or his results could have been thrown off if he’s on a ketogenic diet, or if he had been swishing mouthwash. Chemicals on the breath can push a liminal BAC reading over the limit.

In any event, even if Portis manages to defend against the DUI misdemeanor charges, he’s out of a job. Portis scrambled to get resigned with the Seahawks in April, after he got released last November from the practice squad. But once news of the DUI hit, the Seahawks released him.

Sports watchers say that the club was at least partially motivated to “teach a lesson” to other players. The Several Seahawks have gotten in trouble recently for violating the NFL’s substance abuse policy. Marshawn Lynch, for instance, also has a DUI case pending.

The Seahawks released Portis before the verdict even came in. That’s telling.

Fortunately, you may still have time to save your job, protect your relationships, avoid a license suspension and minimize/avoid jail time. But the clock is ticking. Your options may be dwindling by the hour.

 The good news is that a Burbank DUI criminal defense attorney at the Kraut Criminal & DUI Lawyers is standing by to talk to you about what happened and give you a sound, confidential, free consultation. The Harvard Law School educated Michael Kraut is a widely respected ex-prosecutor who has a deep sense of compassion and an encyclopedic knowledge of the practical aspects of Burbank DUI defense.

November 15, 2013

Breaking Beverly Hills DUI News: Are Designated Drivers Unreliable?

by Michael Kraut

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 13, 2013

DUI Glendale Drama: Carol Doda, Legendary Stripper, Busted in a DUI Crash

by Michael Kraut

Getting into a Glendale DUI accident is awful, whether you are a PA, a big film executive… or even a legendary stripper.

76-year-old Carol Doda – who falls into that third category – got arrested a few weeks ago, when she smashed her Acura into another vehicle on Jackson Street in Northern California, outside of 5A5 Steak Lounge.

Doda was a topless performer in the 1960’s at the Condor Club in North Beach — widely considered to be the “world’s first topless bar.” In one of her most famous acts, engineers lowered Doda topless onto a piano by guy wires, her 44D breasts available for the whole crowd to see. By the end of the 1960s, Doda also performed bottomless.

Her charm and silicon enhanced bustline made her the object of much conversation and heated debate. Today, she owns Champagne & Lace Lingerie Boutique on San Francisco’s Union Street.

Getting back to Doda’s DUI… according to police reports, the Condor Club star smelled like alcohol and confessed to drinking “a couple of drinks” at a local bar before getting behind the wheel. “Smelling like alcohol” is a hallmark symptom of DUI in Glendale (and elsewhere). Other common symptoms include bloodshot/glassy eyes, trouble following directions, sudden mood shifts, inability to understand or answer officer questions, and failure to perform to field sobriety tests, like the “stand on one leg,” “count backwards by 3’s,” and “finger to the nose” tests. Police wanted to give Doda a field sobriety test, but they feared that she might slip and get injured. At Mission Station, officers tried to administer DUI blood and breath tests; Doda could barely understand their questions!

(If you refuse a Glendale DUI breath test or blood test, your license automatically gets suspended.)

While celebrity DUI cases can be titillating – and certainly interesting to read about – they can also inform the way you think about your own Glendale DUI defense.

The truth is no one is above the law. Whether you are a famous stripper, a hugely influential politician, a sport star or a mega A list actress, the laws of human biology – and the laws of Southern California DUI – still apply to you.

The question is: what should you do now?

Whether you stand accused of a serious felony, pursuant to California Vehicle Code Section 23153, or you “just” got busted for weaving in and out of lanes on the 134, look to an experienced Glendale DUI defense lawyer at the Kraut Criminal & DUI Lawyers for smart, capable, and compassionate assistance. Mr. Kraut is a Harvard Law School educated former prosecutor, who won a 99+% success rate at jury trials while working as a prosecutor. He maintains strong relationships with colleagues throughout the Southern California criminal defense system.

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.