Driving Under the Influence of Alcohol

August 26, 2013

Could You Get Arrested for DUI in Burbank with a 0.00% BAC, Like This Guy Did?

Every effective Burbank DUI defense lawyer worth his or her salt knows the standard legal limit for BAC (blood alcohol concentration) is 0.08%. In other words, if you have this amount of alcohol or more in your system, you’re automatically DUI, per California Vehicle Code Section 23152. Of course, you can also be charged with DUI if you have less alcohol in your system (e.g. if you’re a minor and never should have been drinking in the first place). But the point is: everyone knows the 0.08% number. 0.00%20BAC.jpg

Consider that, as we discuss the sad story of a 61-year-old man in Arizona, who just got arrested for having a blood alcohol level of…0.00%.

That might look like a typo. But it’s not. The number once again: 0.00%.

The arrest of Jessie Thornton, a retiree living in the appropriately named community of “Surprise” Arizona, sparked a vitriolic conversation in the blogosphere about racial profiling. According to reports, the retired firefighter was on his way home at around 11 pm, when a police officer saw him cross a white line.

The officer allegedly told Thornton: “I can tell you’re driving DUI by looking in your eyes.”

Thornton had just been swimming in an L.A. Fitness gym nearby, and his eyes were bloodshot from the chlorine. But the officer thought that the bloodshot eyes indicated potential DUI (in his defense, bloodshot eyes are a classic symptom of Burbank DUI). So he had Thornton do a sobriety test. Thornton warned the officer that he had bad knees and a bad hip, and that he was about to go in for surgery. Understandably, he didn’t perform perfectly on the balance tests. Afterwards, officers placed him in handcuffs and asked him to sit down on the side of the road.

Thornton told a local ABC News affiliate “I couldn’t even sit on the ground like that, and they knew it and I was laying on the ground. Then they put me in the back of an SUV, and when I asked the officer to move her seat up because my hip hurt, she told me to stop whining.”

The police took the man to local station and gave him a breath test. He blew a 0.00% — not even a trace of alcohol in the system. But it didn’t stop officers from impounding Thornton’s car, suspending his license, and ordering him to take an alcohol education class. Thornton later managed to get the DUI charge dropped, unsurprisingly — a local drug and alcohol recognition expert told him “I would never have arrested you” — but he’s obviously outraged by the situation, and he’s since launched a claim against the City of Surprise for $500,000.

His attorney put it bluntly: “this is a case of D-W-B – driving while black.” Thornton told local reporters about his reasons for the suit: “it’s not totally about the money, although I already have [paid] more than $5,000 and that’s $5,000 that I don’t have.”

Your Burbank DUI charges may be less clear-cut. You may have actually been under the influence of alcohol – maybe significantly above the legal limit. But the case indicates an important point, which many prospective Burbank DUI defendants fail to realize. And that’s this: despite their best intentions, officers can and do make serious mistakes with respect to procedure and reporting and testing.

The good news is that attorney Michael Kraut of Burbank’s Kraut Criminal & DUI Lawyers and his support team are just a phone call or a click away. Connect with a Harvard Law School educated lawyer at the Kraut Criminal & DUI Lawyers to construct your defense.

August 23, 2013

Boating DUI in Marina Del Rey News: Erin Brockovich Busted for Boating DUI out in Las Vegas

by Michael Kraut

Some disappointing Marina Del Rey boating DUI news. Erin Brockovich — the clean water activist, whose life story inspired Julia Roberts’ 2000 movie “Erin Brockovich” — has been arrested for DUI on Lake Mead near Las Vegas.

According to news outlets, the law clerk struggled to dock her boat, calling attention to local authorities. Police tested her blood alcohol concentration at over twice the legal limit of 0.08%.

A spokesperson from the Nevada Department of Wildlife discussed the case: “she was obviously struggling to put the boat in the slip, and if you’ve had any experience, it’s a simple enough operation.”

August 21, 2013

Your Los Angeles DUI Versus the First Ever DUI in Human History

by Michael Kraut

As someone who just got pulled over for DUI in Los Angeles, you’re intensely aware of the serious trouble that faces you. Whether you got “just” a misdemeanor DUI by violating California Vehicle Code Section 23152(a) or 23152(b) – or you caused injury and face a felony per California Vehicle Code Section 23153(a) or 23153(b) – you face a litany of a scary penalties, such as:

• Mandatory alcohol school;
• Big fines and fees;
• Jail time;
• The court can force you to install an ignition interlock device in your car, which means that you cannot drive your car unless you “blow a sober breath” into a machine that you pay to install and maintain;
• High insurance rates (almost inevitable after you get a Los Angeles DUI conviction);
• Driver’s license suspension;
• Massive additional penalties, if you ever get convicted again for a DUI or anything else – the court does not take recidivism lightly;
• Indirect problems regarding your social life, your relationships, your job, your self-esteem, and your long-term future.

That’s all for a first time DUI, mind you.

So how does your situation stack up against the first ever DUI driver’s? That honor belongs to George Smith, a taxi driver from London, who was busted at the age of 25, after he crashed his cab into a building on September 10, 1897. His penalty? A fine of just 25 shillings.

The first DUI laws here in the United States didn’t go into effect until 13 years later, in 1910. The earliest prototype of the modern breathalyzer — called the Drunkometer (which is kind of a cool name) — was patented in 1936 by Dr. Rolla Harger, a toxicologist and biochemist. The Drunkometer wasn’t a particularly useful piece of equipment, and it took nearly 20 years – until 1953 – for a professor and police captain from Indiana, Robert Borkenstein, to modify the Drunkometer into the breathalyzer.

Borkenstein’s device was capable of being used in the field to (somewhat) gauge whether or not a driver was under the influence and to quantify that DUI on an objective scale.

Over the next six decades, the breathalyzer evolved, and other types of tests, including the DUI blood test, came into vogue. On our Los Angeles DUI blog, we’ve discussed many times how and why even the most sophisticated DUI tests can fail. These reasons range from officer errors to machine/calibration errors to data analysis flubs to peculiar, idiosyncratic “stuff” — such as the fact that diabetics can exhale compounds that fool breathalyzers into thinking that they are under the influence of alcohol.

The point is that DUI law in Los Angeles and beyond has gotten more sophisticated since 1897. But DUI science is still a very imperfect science.
Connect with the Kraut Criminal & DUI Lawyers today for assistance with your DUI case. Attorney Kraut is a very experienced and highly regarded Los Angeles DUI defense attorney. He also served as a prosecutor for many years, and his prosecutorial knowledge and connections can help inform your defense.

August 19, 2013

3 Excuses That Landed You with a Serious Pasadena DUI Charge

by Michael Kraut

In a recent post, we dissected three common excuses that drivers give just prior to collecting Pasadena DUIs. Whether you got pulled over after a rowdy evening at The Cheesecake Factory, or you had way too much sake at one of those revolving sushi restaurants in Old Town and then got busted driving back to the Caltech Campus, you’re searching for answers.

You want to find an astute Pasadena DUI defense attorney, and you also want to figure out what went wrong, so you can avoid ever “doing that” again.

Often, the subconscious messages that we use to talk to ourselves get us into trouble. Here are three common excuses that people make before they get behind the wheel and cause trouble, like DUI in Pasadena.

1. “I’ll compensate for the alcohol I’ve consumed by driving really slowly and being mindful.”

There is a neat logic to this approach. Unfortunately, it doesn’t work.

When we approach tasks “with fresh eyes,” we often do better at them. It’s easier to win a video game, for instance, if you are fully invested in duking it out on the computer, instead of trying to carry on a conversation with your roommate at the same time.

Concentration = focus = power.

Unfortunately, concentration is not something that can be summoned at will. Nor can it be – except perhaps if you’re an advanced yogi – sustained indefinitely. So you might hop behind the wheel, with the full intention that you will “concentrate harder.” But even if you could muster extra concentration:

A) There’s no way to maintain that concentration indefinitely and B) Even with the “best concentration,” your reaction time may still be slowed due to the effects of the alcohol.

2. “I don’t mind dealing with a fine, license suspension, and even a little jail time.”

When you’re partying hard, the thought of “turning in for the night” may not appeal in the slightest. So, in the moment, you might dismiss the long-term ramifications of a Pasadena DUI conviction, such as jail time, court costs and fees, points on the license, mandatory alcohol school, and so forth, because they seem so far removed and abstract.

It’s a lot easier to hop into a car with a cute girl (or guy) and let the night “play out” in a free-for-all fashion than it is to reflect, soberly, on your rational risks. But it should be done!

3. “I’m not going to hurt anybody because I’m a safe driver.”

You’ve probably heard the statistic that 80% of people think they’re above average.

And you might think that you’re immune from this statistic!

But that’s the problem. The reality is that you’re biased. And if you’re the type of driver who’s willing to hop behind the wheel after having two or three (or seven) alcoholic drinks – and you’re still having thoughts like “I’m safer than the average driver – then there’s clearly a disconnect going on.

You want to make smart choices going forward. Connect with a Pasadena DUI defense lawyer at the Kraut Criminal & DUI Lawyers today to figure out your next steps. Attorney Kraut is a highly respected, well-connected ex-prosecutor who can help you analyze and deal with your case with compassion and acumen.

August 14, 2013

3 Mental Mistakes That Led to Your Pasadena DUI Arrest

by Michael Kraut

You made a mistake – a big one – now you face a Pasadena DUI charge.

The question is: Why? What errors, mental or otherwise, did you make before getting behind the wheel? Here are five very common errors of judgment, which often land otherwise community-oriented drivers behind bars, facing penalties like license suspension, mandatory IID installation, alcohol school, and exploding car insurance rates.

1. “I’ve only had x number of drinks, so I’m okay to get behind the wheel.”

You’ve see the charts – the ones that tell you that, if you’re X gender, and you weigh Y pounds, and then you can drink Z number of alcoholic drinks before becoming DUI in Pasadena.

While those charts can be helpful, they’re just rough guides. The body’s relative sensitivity to alcohol depends on a huge number of factors, including:
• Whether you’ve had food to eat or not;
• Whether you’re metabolically comprised in any way;
• How quickly the alcohol entered your system;
• Whether you’ve consumed other kinds of substances, such as over-the-counter medications.

2. “I smoked medicinal marijuana, and I only had one drink an hour ago, so I’m not DUI.”

Not necessarily!

First of all, you could get what’s known as a Pasadena drug DUI. For obvious reasons, it’s not legal (nor is particularly smart) to get behind the wheel after you’ve taken medicinal marijuana (or any strong medicine, for that matter).

When on meds, your ability to react rapidly and acutely to events degrades. You are slower. You are less likely to make the right decisions in emergencies. Etc.

3. “I’m only a few blocks from home – besides, I don’t want to have to leave my car at this party/bar overnight, because it would be a pain to do so.”

This kind of thinking might feel rational in the moment, but it’s definitely not.

The reason why it’s not, however, is elusive. Human beings have a difficult time understanding risks, particularly low percentage risks. If you’ve never driven a motorcycle before – if it’s an unfamiliar activity – you would never in a million years think to “just drive it a few blocks home” while under the influence. Because you recognize the inherent folly of doing that.

But if you know how to drive a car well, sober, you might reason that you could get away with it. In other words, the short-term convenience seems worth the small risk. But it’s really not! For instance, let’s say the odds are only one in 5,000 that you will get into a fatal accident. But if that happens, your life is literally over! The horror of that long-term “game over” consequence should trump the short-term inconvenience of having to take a cab, if you’re being strictly rational.

No matter what happened – why you got a Pasadena DUI arrest – you now need to contend with the consequences. The good news is that attorney Michael Kraut of the Kraut Criminal & DUI Lawyers is available to help you approach your case. As a former prosecutor — and as a Harvard Law School educated attorney with excellent connections within the legal community — attorney Kraut can help you with your Pasadena DUI case.

August 12, 2013

Disturbing Los Angeles DUI News: Son Calls Police on DUI Dad

by Michael Kraut

If you’ve recently gotten arrested for driving under the influence in Los Angeles (or elsewhere), stories like the following undoubtedly will make you seethe because they confirm the public’s stereotypes about DUI drivers.

According to The Associated Press, a 10-year-old boy called 911 on his father, claiming that his dad was driving under the influence of drugs and/or alcohol. The young man considered jumping out of his dad’s Mercedes Benz on Interstate 95. His protestations and call to the police did not come in time – the father, 49-year-old Owen Gilman, plowed into a jeep driven by 22-year-old Michael Pernick, injuring Pernick and also causing injuries to the 10-year-old and his 12-year-old sister.

Fortunately, the children were not seriously hurt in the crash.

Pernick was transported to a local hospital, where he was listed in fair condition. The boy is recovering with his mother, Gilman’s ex-wife. He and his sister were reportedly “doing good, considering,” according to a report from The Day of New London. Gilman, meanwhile, was released from jail on a $250,000 bond.

The police gave Gilman a field sobriety test at the scene, which he allegedly failed. They also found marijuana and drug paraphernalia. Gilman was hit with a battery of charges, including alcohol or drug DUI, failure to follow at a reasonable distance, reckless driving, illegal sale of a controlled substance, possession of drug paraphernalia, second degree vehicular assault, and risk of injury to a minor (two counts).

Lessons for dealing with your Los Angeles DUI Arrest

Whether the police pulled you over on Wilshire and Fairfax, after you and friends attended a wine and cheese at LACMA; or police stopped your son in Burbank, after he sped through a traffic light on Olive, you’re worried. You fear for your reputation and potential punishments. You also want to contextualize the scary incident and to avoid ever getting into a similar situation in the future.

Every driver makes bad judgments, now and again.

Hopefully, yours did not lead to the loss of life or serious injury. But even if you “royally” messed up – like the father in this story apparently did – you have options both to manage your legal crises and to move beyond your Los Angeles DUI. The thorough, experienced team with the Kraut Criminal & DUI Lawyers in Los Angeles has the wherewithal, deep knowledge of Los Angeles DUI law and connections to deliver an effective defense for you. Please connect with our team today to set up a free, confidential discussion about your needs.

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.

August 7, 2013

DUI in Los Angeles and Committing Acts of Animal Cruelty?

by Michael Kraut

The act of driving DUI in Los Angeles is dangerous enough. But when you combine a DUI charge with animal cruelty, the situation is almost unspeakable.

People do bad things, for reasons both understandable and opaque. Bearing that in mind, let’s take a look at a recent Los Angeles Weekly story about a local man named Thomas Naylor, who was arrested on July 7th, after witnesses saw him drive DUI on Washington Boulevard. They say Naylor stopped his car, and took out a “severely ill” dog named Cruiser, and dumped the dog on the ground. Fortunately, people saw this happen, and they took the dog to get emergency veterinary care. The animal was ultimately stabilized.

The outcome was not as positive for Naylor, however.

Police tracked him down and arrested him. He was charged with DUI, driving without a license, and intimidating witnesses as well as animal cruelty. Naylor recently pled no contest to the animal cruelty charge as part of the plea deal, and he got the other charges dropped. Naylor still faces a hefty sentence, however — a full year in county jail along with three years of formal probation.

Plus, he is no longer allowed to own a pet, and he must pay for the poor pit bull’s hospital bills.

The story does have a silver lining: Cruiser managed to heal from his sickness and get adopted into a new home.

Do Los Angeles DUI drivers always receive such hefty punishments?

One year in county jail is a long time. You can earn nearly that amount of jail time just for a conviction of a misdemeanor DUI, per California Vehicle Code Section 23152(a) or 23152(b).

But punishment for Los Angeles DUI is not just limited to jail time.

Other kinds of nastiness may await you, even for a first time, non-injury misdemeanor DUI:

• The court may compel you to pay for and install an interlock ignition device (IID) in your vehicle. This machine will prevent you from operating your car or truck, unless you blow a sober breath into the machine;
• Mandatory alcohol education school;
• Spikes in your auto insurance rates (almost inevitable, if you’re convicted of DUI);
• A California driver’s license suspension;
• Stringent terms of probation;
• Serious court costs, fees, fines, etc.;
• Points on your license;
• Ratcheted punishments if/when you ever get arrested and convicted again for DUI or other crimes in Southern California.

So what can you do?

First and foremost, if you haven’t spoken with an experienced Southern California DUI defense attorney, connect with one ASAP. Michael Kraut is a Harvard Law School educated former prosecutor who has a wide range of experience with DUI cases. When he was a prosecutor, he earned a success rate in jury trials in excess of 99%. Connect with attorney Kraut now for help.

July 26, 2013

So You Got a Second DUI in Pasadena. At Least You’re Not a High Profile Public Official, Like Todd Huff from Baltimore…

by Michael Kraut

You recently got arrested for your second Pasadena DUI within 10 years.

You know the drill. You’re scared of what lies before you because you’ve been down this road before. You’re especially agitated, since you know that prosecutors like to hit recidivists (repeat offenders) hard to “teach them a lesson” and keep Southern California’s roads safe.

Prosecutors and judges around the country are especially tough on second offenders. Consider the sad situation of Baltimore County Councilman, Todd Huff, who was arrested back in February on York Road in Towson, after police stopped him and tested his BAC at 0.20%. (For reference: the legal limit in Baltimore and in Pasadena for DUI is 0.08% — that means that Huff tested at 2.5 times the legal limit!)

Circuit Judge Timothy Martin just handed down Huff’s sentence: one year suspended prison sentence with 26-weeks of alcohol school, as well as random urine monitoring.

Huff’s DUI defense attorney asked Judge Martin to give probation before judgment, but the judge was unimpressed. Why? Because Huff had been involved in a different DUI case 18 years prior. That DUI hit and run caused an injury, and the Councilman had had an alcohol restriction on his driver’s license.

Judge Martin said: “That old offense doesn’t disappear in my thought process.”

The judge also did not like the way that Huff behaved after his arrest.

(If you’ve been reading this Pasadena DUI blog, you will notice this common theme: often, when people get arrested or flagged down for DUI, they engage in dangerous, irrational, or aggressive behaviors that radically complicate their legal cases.)

In any event, Huff called his friend, Police Chief Jim Johnson, the night he was busted for DUI. Huff later told the judge that he just called his friend to apologize, but Judge Martin said that this argument was “not very persuasive… I hardly buy that.”

As part of the plea agreement, prosecutors dropped additional charges, such as headlight violations and negligent driving charge. The local prosecutor was happy with the sentence – saying that it “accomplished the goal of public safety.”

But if you’re facing a second Pasadena DUI charge, you’re probably concerned about the precedent. If the court could be so brutal with a high level councilman, what will happen in your case?

Truth be told, prosecutors can hit you with extra punishments as a recidivist – these include: increased jail time, longer time in alcohol school, and more intense probation terms, steeper fines and fees, and beyond.

Fortunately, you don’t have to struggle with constructing your defense on your own. Harvard Law School educated attorney Michael Kraut of the Kraut Criminal & DUI Lawyers is standing by to give you the insight and strategic roadmap you need to get clarity and rebuild.

Connect with Mr. Kraut and his experienced, respected team today for help.

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.