Driving Under the Influence of Alcohol

June 15, 2011

Beverly Hills DUI? How About the Opposite – DUI in Middle of Yellowstone National Park!

Let’s face it: There are a lot more stories about celebrities driving under the influence in Beverly Hills and similar places (e.g. Burbank DUI, Pasadena DUI, Glendale DUI, Los Angeles DUI) than there are newsworthy events about people driving under the influence in national parks. And for good reason. The Southland is replete with millions of drivers, all of them competing to survive countless SIG alerts, smog, and each other. Out in the wide open, there are simply fewer cars and fewer chances for collisions or other problems.

All that said, occasionally, wild stories do come literally out of the middle of nowhere. To wit, consider the case of two bus drivers accused of driving DUI in the middle of Yellowstone National Park while transporting middle school students. Park rangers arrested the two drivers from Karst Stage (names have not yet been released) near the north entrance. KBZK TV reported that the drivers were transporting nearly 100 7th graders from a local Montana elementary school. The owner of Karst Stage, Jerry Perkins, said the company complies with DOT policies and requires third-party drug testing for its employees. In a written statement, Perkins said: “We are reviewing our safety practices to determine what improvements may be made and are very thankful that every one arrived home safely from the field trip.”

The Yellowstone DUI story barely merited a half page report from the Associated Press. But imagine if the details have been slightly different. Imagine, if instead of Yellowstone, the bus drivers drove DUI in the middle of Beverly Hills. And imagine if there had been an injury collision, and students had been hurt or killed. You’d likely see major front page stories and lots of public handwringing about “how to prevent something like this.”

The fact is: DUI is a DUI, on some level. The difference between these scenarios is far smaller than you might realize. It’s easy for friends, colleagues, and the media to villainize convicted DUI drivers. But this cartoonish characterization is incorrect and possibly even dangerous.

The moral of the story is: If you or someone you care about has been pulled over for Glendale DUI, a Los Angeles criminal defense attorney can help you strategize. Attorney Michael Kraut (of Beverly Hills’s Kraut Criminal & DUI Lawyers, 9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935) spent 14-plus years as a Los Angeles Senior Deputy District Attorney, during which time he accrued tremendous amount of knowledge. Attorney Kraut can leverage his unique experience and relationships to help you get results.

June 6, 2011

Los Angeles DUI Memorial Day Numbers Are In – Stats are Similar to 2010s, and That’s Kind of a Shame

by Michael Kraut

The California Highway Patrol released its Los Angeles DUI Memorial Day weekend statistics. According to various sources, CHP officers arrested 230 motorists in L.A. County from the period starting midnight Friday, May 27th, through midnight Monday, May 30th. All told, statewide, nearly 900 people were arrested for DUI – 132 fewer than 2010. So that’s good news, for the state. But in Burbank DUI, Glendale DUI, Pasadena DUI, and Los Angeles DUI news, other numbers weren’t so terrific. For instance, three traffic related DUI deaths happened in the first 36 hours of the Memorial Day weekend – thus L.A. County accounted for half of the six total California fatalities over Memorial Day.

Law enforcement officials are staging another anti-DUI effort starting on July 4th weekend ending on Labor Day weekend.

It’s a statistical reality that Los Angeles DUI injury accidents are far more likely to occur during holidays, such as Memorial Day, July 4th weekend, Labor Day, New Year’s Eve, and Super Bowl Sunday. Why?

The answer is at first blush obvious: more people party on those weekends. Therefore, more drivers — on average — will likely be under the influence of alcohol, drugs, prescription medications and thus more likely to commit injury accidents.

But take this idea and follow its logical extension: you might come to some pretty interesting conclusions. Holidays encourage reckless behavior. So since carousing leads to an increase in DUIs, would restricting or eliminating holidays therefore reduce DUIs?

In other words, say, starting immediately, we decided to end all national holidays – no more Memorial Day, no more Labor Day, Veterans Day, Thanksgiving, Christmas, New Years, etc. These days would no longer be days on which people would celebrate, carouse, and be more likely to drive under the influence. Undoubtedly, this practice would save lives, probably hundreds of lives each year in every major American city — as well as prevent untold injuries and costs associated with property damage.

The question is: At what cost?

Would sacrificing all of our fun times and holidays be worth the trade-off of preserving life and protecting property?

Obviously, the philosophical implications are far too deep to explore in any length in a short blog post. But they are certainly interesting, and they go to show that controlling DUI is a lot more complicated than simply setting up a checkpoint here and there and spreading educational campaigns. These issues touch on the very fabric of who we are as a people.

A Los Angeles criminal defense attorney, such as Michael Kraut (Kraut Criminal & DUI Lawyers – 6255 Sunset Boulevard, Suite 1520, Los Angeles, California 90028), a former prosecutor with a terrific record at jury trials, can help you understand how best to fight back against the charges you face. Whether you’ve caused minor property damage while DUI or got stopped at a checkpoint and tested to have a BAC level of just slightly over Southern California DUI limit of 0.08% BAC, Attorney Kraut can help isolate, design, and execute a sound strategy.

May 13, 2011

Los Angeles DUI for Rick Springfield: “Jessie’s Girl” Crooner Stopped in Malibu in His Corvette

by Michael Kraut

Last Sunday, while the entire world and possibly part of our space was focused on the breathtaking mission in Pakistan that resulted in the killing of Osama Bin Laden, some critical celebrity Los Angeles DUI news occurred that’s only just beginning to nab the attention of the blogosphere. Rick Springfield, the rock singer best known for his 1980s hit “Jessie’s girl,” was stopped around 8 o’clock in the evening on the PCH in his 1963 Corvette. Per a press release from the LA Sheriff’s Department, Springfield blew a breathalyzer test result of 0.10% BAC – as our readers know, any BAC reading of 0.08% or above can constitute DUI in Los Angeles, Burbank DUI, Glendale DUI, Pasadena DUI, etcetera.

According to a Los Angeles Times article on the story: “Sheriff’s deputies pulled over the soap-actor-turned-crooner in his 1963 Corvette around 8 pm, making the traffic stop near Pacific Coast Highway and Trancas Canyon Road… it was unknown what Springfield did that caught the deputies’ attention.”

After being arrested and brought to the Malibu/Lost Hills police station, the singer paid out a $5000.00 bond and secured release at 2 in the morning. (Incidentally, this was the same police station where Mel Gibson was held after his notorious anti-semitic rant and DUI in Malibu experience five years ago.)

Students of Los Angeles DUI law understand that different California vehicle code sections can apply, depending on the nature and circumstances of your arrest. Typically, traditional misdemeanor DUIs are charged pursuant to California vehicle code sections 23152(a) and 23152(b). But DUIs with injury can be charged according to two similar sounding but ultimately very different sections – 23153(a) and 23153(b). Even though there’s only one number different – a 3 instead of a 2 – do not be fooled! An injury DUI can result in the elevation of a misdemeanor charge to a felony count. Convicted felons can face significantly more jail time and higher penalties – they can also lose the right to franchise (vote) and have a much harder time re-acclimating to normal society after a prison sentence.

You don’t need to do serious bodily injury to another person to get a hit with a 23153(a) or 23153 (b) charge, either. That’s why it is so important – whether you hurt someone or not – to talk to an experienced Los Angeles criminal defense attorney about your strategic possibilities.

The Kraut Criminal & DUI Lawyers’ Michael Kraut (based in Los Angeles at: 6255 Sunset Boulevard, Suite 1520, Los Angeles, California 90028) can provide calibrated, intelligent strategic advice. Mr. Kraut understands prosecutors because he actually was one of them – for 14 plus years. He is a Harvard educated attorney who often appears on the media to discuss Los Angeles DUI matters (e.g. New York Times, Fox News, KTLA, etc). Mr. Kraut can work with you to devise and follow through on an appropriate defense.

May 6, 2011

Glendale DUI Sports News – Coach Dikta’s Son Stopped for DUI in Deerfield Illinois

by Michael Kraut

Most incidences of driving of under the influence in Glendale have nothing to do with the game of football. Perhaps it’s because Los Angeles simply doesn’t have a professional NFL team. (The Chargers don’t count, folks.)

But more than any story about Los Angeles DUI, Burbank DUI, DUI in Glendale, or DUI in Pasadena last week, one sports-related DUI incident has caught the attention of fans throughout the Southland – Michael P. Ditka, the son of the famous Chicago Bears coach Mike Ditka, got stopped on April 20th for driving under the influence.

The Deerfield police report claims that Ditka’s black Hummer had been running in a parking lot with its headlights on. Ditka later protested: “I was not driving the car… I was parked. The keys weren’t even in the ignition. I plan on pleading not guilty.”

April 25, 2011

Burbank DUI Breathalyzer Disaster – Alco-Sensor V Breathalyzers Found to Be “Erratic” – Hundreds of Cases Could Be Affected

by Michael Kraut

Last week saw some major breaking Burbank DUI news – the Ventura County District Attorney’s Office released memos showing that Intoximeter’s Alcohol Sensor V breathalyzer tests — used in the field between January 20 and March 31st this year — have demonstrated “erratic results.” The upshot is that many people arrested for crimes like Burbank DUI, Pasadena DUI, Glendale DUI, and Los Angeles DUI over past three months might have been victimized.

According to reports, an officer in the field discovered the defect in the new breathalyzers. He reported the problem, and the police quickly pulled the machines from the field (128 devices total – each one worth approximately $4,800!).

Further testing revealed that chilling the machines skewed their readings. Officers get four hours of training on breathalyzers before they use them in the field. Intoximeters Incorporated (a St. Louis Company) allegedly put the devices through pretty vigorous beta testing. But despite these precautions, serious design flaws persisted. Tragically, the flaws may have lead to the unjust arrests and convictions of many people in 2011.

As this Burbank DUI blog often points out, the legal limit (stipulated by California Vehicle Code Section 23152(b)) for driving under the influence in CA is 0.08% BAC. This means, in other words, if you blew into an Alco-Sensor V machine and got a reading of, say, 0.10% BAC, you might have been arrested for a crime you didn’t actually commit.

An experienced Los Angeles Criminal Defense Attorney, such as Michael Kraut of the Kraut Criminal & DUI Lawyers (offices in Burbank at: 2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810), would point out that breathalyzers in general have far more flaws than the public typically knows about.

Men and women, for instance, process alcohol differently. Diabetics and dieters often produce chemical compounds known as ketones on their breath which can generate “false positives” on BAC tests. The devices may be poorly calibrated or misinterpreted. The devices may also malfunction under certain pressure and temperature conditions –witness what happened here with the Alco-Sensor V debacle.

This breathalyzer disaster also drives home how important it is for defendants to work with high-quality attorneys. When you are charged with a DUI, not only can lose your license, but you can also be slapped with penalties such as fines, court costs, jail time, mandatory probation, mandatory IID installation, and alcohol school. You may also face negative repercussions for your career and reputation.

Attorney Michael Kraut of Los Angeles’ Kraut Criminal & DUI Lawyers can speak with you about how and why you got pulled over for Ventura County DUI and explain your rights, responsibilities, and “best path” forward, so you feel more comfortable and secure about the direction of your defense.

April 22, 2011

Glendale DUI Penalty Shot – Florida Basketball Superstar Slapped with DUI in Gainesville

by Michael Kraut

Dan Werner, a former basketball player for Florida, got knocked with a DUI in Gainesville last week, and the arrest has echoed across the country – even Glendale DUI bloggers are talking about it. The 23-year-old Werner was pulled over because police noticed that one of his taillights had gone out and he had his high beams on. If you’ve been stopped for Glendale DUI, Burbank DUI, Pasadena DUI, or Los Angeles DUI, perhaps the police first noticed your vehicle because of something minor, like a taillight malfunction.

In any event, Werner argued that “his girlfriend was intoxicated” so he was driving her home. But authorities on the scene noticed that the former B-baller had “watery bloodshot eyes” and had also “consumed two alcoholic beverages” (quotes courtesy of the AP). Police officers also argued that Werner did not perform with grace on field sobriety tests.

But here’s where it gets interesting! (At least for analytical purposes.) The AP report on the arrests notes that Werner’s breathalyzer results were just 0.65% and 0.7%, respectively. Thus, his tests were under the Glendale DUI and Florida limit of 0.08%. Despite the fact that his BAC readings came in under the line, police arrested Werner and then released him last Tuesday on his own recognizance.

You might be surprised to learn that, even if you blow a negative on a Glendale DUI breathalyzer test, you can still be arrested and charged with a crime. The California vehicle code has two basic laws regarding DUI. Section 23152(b) defines DUI as driving with a BAC of 0.08% or greater. But 21352(a) defines the crime slightly differently – if you are under the influence of alcohol, even if you’re not above the limits stipulated in Section (b), you can still be hit with a crime. It’s an unfortunate reality, but it is the reality.

The big question facing people charged with Glendale DUI is: what do you do next?

Although the law provides you with ample opportunity to defend yourself – you can also work with a public defender – experts suggest that you’d be better off retaining an experienced Los Angeles criminal defense attorney.

The stakes for DUI defendants are high. If you put up an inadequate or underadequate defense, you could face jail time, fines, fess, driving restrictions, mandatory education classes, and a host of other penalties. Michael Kraut of Los Angeles’ Kraut Criminal & DUI Lawyers (Offices in Glendale at 121 W Lexington Dr, Glendale, CA 91203 Phone: (818) 507-9123) can provide excellent strategic guidance. Mr. Kraut is not only Harvard Law School educated former prosecutor but also a master of jury trials – he has a fantastic success rate, and he is ready to go to trial to defend your interests, if need be.

April 20, 2011

Long Beach DUI Twofer – GOP’s Kittle Avoids Jail Time… and a Big Controversy over the Royal Wedding!

by Michael Kraut

Long Beach DUI blogs, like this one, typically don’t stretch to include extraneous news events, like the April 29 royal wedding in Britain. But some interesting controversies regarding the wedding plans may shed light on crucial issues relevant to anybody who has been tagged for Los Angeles DUI, driving under the influence in Burbank, driving under the influence in Pasadena, Glendale DUI, and so forth.

Before we get to the main event, let’s briefly recapitulate a breaking story out of Hamilton County, Indiana. Last Tuesday, James Kittle, the 67-year-old former head of the GOP in Indiana, pled guilty to a misdemeanor DUI charge and managed to avoid jail time.

According to news reports, Kittle got arrested in mid December 2010 in Carmel. Not only did he fail a field sobriety test, but he also blew a 0.10% on a breathalyzer – as our regular readers know, Long Beach DUI breathalyzer results of 0.08% or higher will be enough to get you arrested for the crime of DUI pursuant to California Vehicle Code Section 23152(b). Kittle stepped down as the Indiana Republican Party chair in 2006 – he had been considering trying to re-up, but his arrest put a crimp in those plans.

Meanwhile, the Huffington Post reported on April 12th that the royal wedding may “serve as a rehearsal for Queen’s funeral.” HuffPo quotes an unnamed royal aid in the British paper, Express: “obviously we all hope such a sad event will be a long way off – Her Majesty may be 84, but she is in very good health…(nevertheless) we need to rehearse logistics and timing for what will be a huge ceremony. It may seem odd to think about his grandmother’s demise at the same time as William’s wedding, but having all these diplomats and VIPs in London on April 29 makes it sensible to run through the procedures and things like seating plans.”

Wow. It’s definitely a little bit macabre. But it’s not the only strange aspect of the wedding – another wrinkle, which may be relevant to the Long Beach DUI blogosphere, albeit very indirectly, has to do with the bride-to-be’s mother’s diet. The Dukan diet – a French concoction that emphasizes low carbohydrate, high protein, low fat — is a fad diet that’s sweeping not only Britain but also the United States. It differs from other low carb diets, such as Atkins, because it emphasizes high protein instead of high fat. Without delving into the debate over which method is safer or better, individuals who are on the Dukan diet may want to take extra care when driving along the freeways and surface streets around Long Beach and LA.

When you restrict carbohydrates in the diet, as we discussed in a post last week, your body can produce chemicals called ketones. These chemicals can show up on your breath and skew your breathalyzer readings, as Protein Power’s Dr. Michael Eades and other experts on the subject of carbohydrate restriction have discussed. The moral here is: if you’re trying to emulate the princess-to-be’s mom’s weight loss by going on the Dukan diet, be on the lookout for this potential problem. If you do get pulled over, for whatever reasons, your breathalyzer results may be way off.

For help developing a defense to a DUI charge, connect with a Los Angeles criminal defense attorney. Michael Kraut of Long Beach’s Kraut Criminal & DUI Lawyers (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454) would be happy to discuss your situation. Trust this former prosecutor to give you excellent, actionable advice, and help you build a strategy.

March 25, 2011

Los Angeles DUI Law Ineffective? Sacramento Bee Questions Wisdom of IID Law

by Michael Kraut

As this blog reported many months ago, the world of Los Angeles DUI got shaken up significantly last year when a pilot program went into effect in Los Angeles, Sacramento, Tulare, and Alameda Counties that mandated that convicted DUI drivers install ignition interlock devices (IIDs) in their vehicles – even for first time DUIs. These “test counties” have demonstrated surprisingly lackluster results, according to a Sacramento Bee analysis published last Monday.

Before we dive into the analysis, let’s recapitulate what this law mandates, so that if you or someone you care about has been pulled over for driving under the influence in Pasadena, DUI in Glendale, Los Angeles DUI, or Burbank DUI, you will understand a little bit more of what’s at stake.

The law – champion by Mike Feuer, a Democratic assemblyman from L.A. — requires DUI convicts to install a breathalyzer-like device called an ignition interlock device in his or her automobile for five months. Until if you blow a “sober” breath into the device, you can’t start your car. The IID should, at least theoretically, thus prevent recidivist (repeat) Los Angeles DUI drivers from endangering themselves and others on the road.

Unfortunately, statistics suggest that the DUI law is not working as planned. Since its incipience, over 13,000 people have been convicted of DUI in the test counties. But California officials confirm that just 1,335 of these convicted drivers got IIDs in their vehicles. Some experts believe that many convicts might be driving illegally – without an IID or even a valid driver’s license.

Assemblyman Feuer is not oblivious to the problem. The Friday before last, he admitted that it may be time to assess the efficacy of the law: “lives are at stake… it’s extremely important we implement this properly.”

From a policy standpoint, we can draw a lesson here. Sometimes solutions that seem “extremely obvious” lead to weird consequences. The cure can be worse than the disease.

This isn’t to say that the Los Angeles DUI program can’t be somehow rehabilitated or made to be more effective – just that policy makers need to have a certain amount of humility and need to rely more on data than on emotion when constructing creative solutions to make our roads safer.

From a practical point of view, if someone you care about has been charged recently with a crime like DUI, a Los Angeles criminal defense attorney (such as Michael Kraut, a Harvard Law School educated former prosecutor who has offices at: 6255 Sunset Boulevard, Suite 1520, Los Angeles, California 90028) can provide crucial advice. Build a better defense by connecting to a knowledgeable, results proven (99% success rate at jury trials) lawyer now.

March 21, 2011

Glendale DUI Setups: Divorced Dads Targeted in Nefarious “Dirty DUI” Scam

by Michael Kraut

Here is how the scam typically happened. A divorced dad in the midst of a bitter custody battle finds himself approached by two gorgeous women at a local watering hole, gets seduced into driving to a “hot tub party” and then suddenly, out of nowhere, finds himself pulled over and arrested for driving under the influence in Glendale.

Turns out, the dad was set up. His wife had hired Christopher Butler, an ex-cop, to arrange the “dirty DUI” operation by hiring the women to seduce him and then alerting law enforcement agents as the man took the road. The result? A DUI in Los Angeles, DUI in Pasadena, DUI in Burbank, DUI in Glendale, or DUI anywhere else in Southern California.

Sounds like fiction? Think again.

The San Francisco Chronicle and Daily Mail Reporter detailed this “dirty DUI” scam in a recent story. Among the divorcees caught up in the trouble:

* 46-year-old David Dutcher — he was stopped in 2008 for DUI after a woman he met on match.com invited him back to hot tub with one of her friends. The police pulled him over and found him to have a BAC of 0.12% (Southern California DUI limit is 0.08%).

* 46-year-old Declan Woods — This contractor was busted in July 2007, after a younger woman got him drunk at Ed’s Mudville Grill and the Clayton Club Saloon. Woods hopped in a car to follow the woman to more partying at Walnut Creek, when he got pulled over by the police – a 0.21% BAC breathalyzer reading and a devastating arrest quickly followed.

Although these divorced dads got “seduced” into breaking the law (by driving under the influence), they clearly should have known better.

On the other hand, their wives and Mr. Butler (the ex-police officer who set things up) should also be ashamed. Inspiring people to drive under the influence in Southern California is reprehensible, whatever the reason.

But if you’ve been caught for driving under the influence in Glendale or elsewhere, you may not need to prove that you were “set up” in order to build a good defense. Indeed, simply questioning the methodology and accuracy of the breath test can be enough to break down the prosecution’s case against you. You might think that a Glendale DUI blood test or breathalyzer test that shows a positive for DUI would be essentially incontrovertible evidence that you did something wrong and broke the law. But, surprisingly, such tests can often be compromised and misleading.

An experienced Los Angeles criminal defense attorney can take a look at the test results and help you develop a smart way to minimize your penalties and maximize your chances of the best possible outcomes. Connect with Michael Kraut’s Kraut Criminal & DUI Lawyers (offices in Glendale at : 121 W Lexington Dr, Glendale, CA 91203 Phone: (818) 507-9123) to get your critical questions about your Glendale DUI answered right now.

March 9, 2011

Los Angeles DUI Bloggers Note Explosion of Baseball Related DUI Arrests

by Michael Kraut

Austin Kearns, a Cleveland Indians outfielder charged with DUI few weeks ago, will appear in Jessamine County District Court on March 10th: those who follow Los Angeles DUI news have noticed that major leaguers like Kearns, Miguel Cabrera, and Coco Crisp have all been snagged by DUI charges recently. Is this a wakeup call for the MLB?

Here’s the reality: celebrities and sport stars appear to be treated differently when they get arrested for DUI in Burbank, DUI in Pasadena, Glendale DUI, and DUI in Los Angeles. But the law — at least in theory! — affords the same exact legal resources to all defendants. Some MLB analysts have pointed to Kearns’ arrest — and his reaction to being pulled over – as indicative of a “holier-than-thou” attitude some celebrities take when they get caught doing illegal acts.

Irrespective of whether that’s true or not, here are the key details about Kearns’ stop:

• Police in Jessamine County pulled the 30-year-old outfielder over on February 12th at around 2:30 in the morning on Golf Club Drive.
• Kearns allegedly had been driving down an emergency road without his headlights on, and he was weaving all over.
• The Deputy Sheriff noted that Kearns “smelled of alcohol and had slurred speech” and “was very unsteady on his feet and leaned against the vehicle to steady himself.”
• Kearns refused to take field sobriety tests, and he refused to take a breathalyzer test.
• In addition to his DUI charge, Kearns faces a charge for failing to keep up his insurance.
• He paid $100 on a $1000 bond to get released from jail.
• The report alleges that Kearns admitted that he had drunk “a couple of bourbons and cokes” and that he asked the officer to “cut him a break.”
• The Cleveland Indians released an official statement last Tuesday saying that the team was aware of the arrest and that the club “take(s) these issues very seriously and is disappointed about the circumstances.”

One point we’d like to look at more: Kearns refused to take a breathalyzer test. What exactly ARE Los Angeles DUI breathalyzer tests? And are they as reliable as most people believe?

Breathalyzers are portable contractions that use chemical tests to gauge the concentration of ethanol alcohol on the breath. In theory, the technology is both simple and brilliant. A suspect simply blows into a tube, and the breathalyzer spits out a reading saying whether not you are DUI in Los Angeles or not (for a standard misdemeanor arrest, the cut off line is 0.08% BAC).

Unfortunately, breathalyzers are surprisingly unreliable. They don’t distinguish between men and women, for instance, and men and women process alcohol differently. The degree to which you blow into the machine can also have a profound effect on the reading. If you blow too much, you will register a BAC higher than you might actually have, for instance. Also, chemicals on your breath (such as ketone bodies that diabetics produce) can tilt the readings as well and can lead to false positives.

A Los Angeles criminal defense attorney, such as Michael Kraut of LA’s Kraut Criminal & DUI Lawyers (6255 Sunset Boulevard, Suite 1520, Los Angeles, California 90028) can help you address your DUI charges effectively. With a Harvard Law school education and a 99% success rate at jury trials, this ex-prosecutor will exceed your expectations.