Driving Under the Influence of Alcohol

December 6, 2010

Los Angeles DUI by Faith Evans Results in a Plea of “No Contest” to her Misdemeanor; Singer gets Probation

Last Monday, singer Faith Evans plead “no contest” to her charge of misdemeanor Los Angeles DUI, pursuant to her August arrest in Marina del Rey. The Grammy award winner and widow of the Notorious B.I.G. (a.k.a. Christopher Wallace) heard Superior Court Judge Edward Moreton lay out her sentence. If you have recently likewise been arrested and charged with misdemeanor DUI in Los Angeles, DUI in Glendale, DUI in Pasadena, DUI in Burbank, or DUI elsewhere in the County, you might be fascinated to hear the celebrity’s ultimate verdict:

• Three months of alcohol education
• Three years of probation
• $300 fine on top of other penalties
• Prohibited from driving with any alcohol in her system during her probation
As you may remember, the drama happened at 10:40 p.m. on August 21, when Ms. Evans got pulled over at the intersection of Washington Boulevard and Lincoln Boulevard at a Los Angeles DUI checkpoint.

The “I’ll Be Missing You” singer experienced a brush with the law six years earlier in Atlanta, when she and her boyfriend at the time, Todd Russaw, got pulled over at an Atlanta suburb and charged with possession of cocaine and marijuana. Following her August 2010 arrest, Evans reassured her fans via Twitter that she was doing well and stoked enthusiasm for the upcoming release of a new music video.

Although the punishments doled out to Ms. Evans may seem somewhat harsh – who wants to pay a $300 fine and be prohibited from driving with any alcohol in your system whatsoever for three whole years? – in reality, things could have been a lot worse for her. The court can impose harsh penalties, even for a minor misdemeanor Marina del Rey DUI involving no property damage, injuries, or other traffic violations. For instance, at maximum, you could get six full months behind bars, fines of $1,000 on top of court costs, a full year license suspension, nine months of DUI alcohol school, a court-imposed requirement to install an interlock device in your vehicle, and seriously strict terms of probation.

Of course, these Los Angeles DUI punishments can be ratcheted up even further, depending on the circumstances. For instance, if this is your second or third DUI conviction within 10 years; if you hurt somebody or destroyed property while DUI; or if you violated other laws or traffic rules while DUI, the court can hammer you with a longer jail sentence, steeper fines, and many other penalties.

To protect your rights, your ability to drive, and your professional reputation, it behooves you to retain an experienced attorney to draw up a plan of action for your defense. Los Angeles criminal defense attorney Michael Kraut spent nearly a decade-and-a-half as a prosecutor for the city (Deputy DA for Los Angeles) before opening The Kraut Criminal & DUI Lawyers and representing criminal defendants.

Attorney Kraut is regarded as an expert in Los Angeles DUI law by both his legal peers and by the mainstream media (e.g. The New York Times, Fox KTLA News, Los Angeles Times, etc.) and he boasts a Harvard Law School education and an exceptional track record at jury trials.

November 30, 2010

Los Angeles DUI Results in Football Fans and Bloggers Alike Analyze Fallout of Buccaneers Wide Receiver’s Arrest

by Michael Kraut

NFL fans and professionals who follow celebrity Southern California DUI news have been heatedly debating the fallout of Tampa Bay Buccaneers wide receiver Mike Williams’s DUI arrest. The 23-year old rookie got pulled over two weeks ago in his black Escalade and arrested for suspicion of driving under the influence. Police reports revealed that Williams’s BAC tested below the 0.08% Florida (and California) legal limit.

Anyone who has recently been arrested for driving under the influence in Los Angeles, DUI in Burbank, DUI in Glendale, DUI in Pasadena, or DUI elsewhere in the Southland may find the repercussions of Williams’ arrest instructive, in that they illustrate how many complications can spring from even a simple DUI arrest — one not involving accidents, injuries or property damage.

Upon learning of Williams’s arrest, the Buccaneers management decided to allow him to play in a game against the San Francisco Forty Niners. Williams is the team’s leading receiver. Prior to Sunday’s game against the Baltimore Ravens (which the Buccaneers lost 10 to 17), Williams had garnered 6 touchdowns and 689 yards.

The Buccaneers head coach authorized his team to conduct an independent analysis to determine whether or not Williams had controlled substances in his system in addition to alcohol. Williams dutifully submitted to this request, and Coach Morris announced: “we gave Mike our own independent test and we are completely confident that he is completely clean.”

But the NFL is not necessarily happy with the Buccaneers conduct, and some sports analysts believe that the team violated the league’s policy for drug testing confidentiality.

The takeaway here is that, if you or someone you care about has been arrested for DUI in Southern California, even if you are not a major NFL star or a celebrity or politician, you could face serious consequences in addition to the consequences stipulated in the California Vehicle Code Sections relevant to DUI arrests.

For instance, a first time misdemeanor DUI arrest could land you in jail for a minimum of 48 hours, net you serious fines ($1,000 on top of court costs), lead to intense probation terms, and much more. On top of that, you will likely have to deal with unexpected secondary and tertiary (third degree) consequences – just like Williams and the Buccaneers have had to do – such as complications with your personal and business relationships.

Fortunately, Los Angeles criminal defense attorney Michael Kraut can provide a confidential and strategic assessment of your defensive possibilities. Attorney Kraut is a Harvard Law School educated lawyer who has represented clients in some very difficult and complicated Los Angeles DUI matters. As a former prosecutor, Attorney Kraut has the clout, connections, wherewithal, and intuition for the law you need to craft your most appropriate response.

November 19, 2010

Broncos Linebacker Busted: Celebrity Los Angeles DUI Blogs Look at Implications

by Michael Kraut

Last Friday, D.J. Williams, a top linebacker for the Denver Broncos, got pulled over for driving under the influence in his Hummer, prompting many in the celebrity Los Angeles DUI community (and others in the media) to examine what appears to be a rash of sports figures – specifically NFL players – nabbed for misbehavior on the roads recently.

If, like Williams, you’ve been recently stopped and charged with DUI in Los Angeles, DUI in Pasadena, DUI in Burbank, or DUI in Glendale, the travails that the linebacker faced may seem familiar. According to a Friday report in the Denver Post, a Denver police officer pulled Williams over at around 2:40 in the morning. A Department spokesman said “(Williams) was contacted and ultimately taken in for a DUI.” Documents show that Williams also got a ticket for driving without his headlights on. He is scheduled to appear in court on December 13.

This arrest is not Williams’ first for DUI. On September 23, 2005, Williams got pulled over for DUI, after he attended a birthday party. He later revealed to the Denver Post: “Yeah, it is embarrassing…I know now you’ve got to have a driver or somebody driving you around when you plan on going out like that.” Williams’ plight may make things difficult for the Broncos. The NFL star is the team’s leading tackler, and the NFL’s personal conduct policy could require his suspension for 2 to 4 crucial upcoming games. Other NFLers recently hit with DUIs include Jared Allen, Vincent Jackson, and Braylon Edwards.

For Williams’ first DUI, he paid $740 in fines and served 24 hours of community service, according to the Post. If he is convicted a second time, he could face fines ranging up to $1500, 5 times as much community service, and a two year probation.

If you are convicted for Southern California DUI multiple times, you could face significantly greater penalties. Even first time offenders can have it rough. A court can impose 48 hours of jail time with a maximum of six months behind bars – just for your first misdemeanor DUI. You could also face a $1,000 fine as well as court costs. On top of that, you might face a one year driver’s license suspension, mandatory alcohol school, strict probation imposed by the court, and a forced installation of an IID device in your vehicle, which will prevent you from driving unless you blow a non-alcoholic breath into the device.

For your second Los Angeles DUI conviction (misdemeanor) within a ten year period, almost all of your possible penalties will be elevated. Instead of serving 48 hours behind bars, you will have to serve a minimum of 4 or maybe even 10 days behind bars. Instead of a one year driver’s license suspension, you will get a two year suspension. Instead of spending six weeks in alcohol school, you could face 18-30 months. And the penalties ratchet up from there with each successive Los Angeles DUI conviction you get within a 10 year period.

Whether you’ve been pulled over for your first DUI in Pasadena for blowing a breathalyzer result just slightly above the state’s legal limit of 0.08%, or you’ve been involved in a complicated injury crash on the 405, connect today with a responsible, resourceful Los Angeles DUI attorney, like Los Angeles Criminal Defense Attorney Michael Kraut.

November 17, 2010

Los Angeles DUI Checkpoints will Expand, Thanks to Large Grant from the California Office of Traffic Safety

by Michael Kraut

Last week, the California Office of Traffic Safety announced that it has awarded a $1.1 million grant to the Los Angeles County Sheriff’s Department to expand Los Angeles DUI checkpoints, in an ongoing effort to fight back against injuries and deaths on Southland freeways and surface streets.

If you’ve recently been pulled over for Pasadena DUI, Glendale DUI, Los Angeles DUI, or Burbank DUI, you may have had an inkling that the Los Angeles Sheriff’s Department was stepping up patrols and enforcement. In fact, the LASD has experimented with new methods and generated new results over the past several years. Three separate motorcycle safety enforcement operations apparently have reduced motorcycle accident fatalities in California. In 2009, 29% fewer motorcyclists died on Southern California road than did in 2008. That said, California is still one of the three most dangerous states for motorcyclists.

The LASD hopes to use the grant money to pursue “warrant searches and stakeouts for repeat DUI offenders, saturation patrols, and court stings.” The Director of the California Office of Traffic Safety, Christopher Murphy, celebrated California’s reduction in alcohol impaired collisions over the past several years. But Murphy insisted “to keep this trend going, we will continue to strive the meet our vision – towards zero deaths, every one counts.”

Two vehicle code sections may be applicable to the crime of DUI in Southern California. The first, California Vehicle Code Section 23152(a), says that, if a police officer pulls you over while you are driving a car, truck, motorcycle, or other motor vehicle, and you happen to be under the influence of alcohol or a narcotic, you may be arrested and taken to jail and then charged with a crime. If you are convicted of this crime – even for a misdemeanor – you can face fines and court costs, license suspension, forced installation of a device in your vehicle that will prevent you from driving if you’ve been drinking at all, and mandatory jail time.

A second relevant law, California Vehicle Code Section 23152(b), defines the crime of Southern California DUI slightly differently. It says that, if you drive with a blood alcohol concentration of 0.08% or more, you can be arrested for DUI and subject to the penalties described above set forth in 23152(a).

If you’ve injured somebody while driving under the influence, other sections of the CVC may be relevant. For instance, DUI with injury is covered by California Vehicle Code Sections 23153(a) and 23153(b). Essentially, these sections can elevate standard misdemeanor charges to felonies if the DUI driver caused injury to another person.

Responding Effectively to Charges
Your legal representation can make an enormous difference to your ultimate sentencing and punishment. A resourceful Los Angeles DUI attorney, like Los Angeles Criminal Defense Attorney Michael Kraut, may even get the charges against you dropped altogether.

November 10, 2010

Celebrity Los Angeles DUI Bloggers Buzz about David Cassidy’s DUI Arrest

by Michael Kraut

Websites like TMZ.com and other gossip blogs that follow celebrity Los Angeles DUI arrests have been chatting non-stop about the arrest last week of David Cassidy. The actor and singer, who is best known for his role as Keith Partridge in “The Partridge Family,” got arrested in St. Lucie County Florida for driving under the influence.

If you or someone you care about has been arrested for DUI in Burbank, DUI in Glendale, DUI in Los Angeles, or DUI in Pasadena, you probably can relate to the nervousness and confusion that Cassidy felt. As one of his representatives told the gossip website, TMZ.com: “He would never jeopardize anyone on the road… he has never been arrested in his life before for anything.”

According to reports, the 60-year-old was cruising in a 2008 Mercedes, when an officer saw him weaving in and out of lanes and pulled him over. The trooper noted that the ex-heartthrob smelled like alcohol and acted “nervous and confused.” After seeing a half empty bottle of bourbon in the back seat, the trooper asked Cassidy to take some field sobriety tests (FSTs), which the actor allegedly failed. Cassidy also took two breathalyzer tests and tested positive for DUI both times. On the first test, he blew a 0.13%. On the second test, he blew a 0.14%. Both numbers are significantly over the legal limit for Southern California DUI of 0.08%.

The Partridge Family singer was charged with failing to maintain his lane, driving with an open container of alcohol, and driving under the influence in Florida. After posting a bail of $350, he was released on his own recognizance.

What exactly are “field sobriety tests” that DUI suspects like David Cassidy have to take?

In Southern California, officers usually administer these roadside tests in a specific order. Usually, the first test is something called the horizontal gaze nystagmus test. This measures your pupil reaction time. An officer will likely also subject you to balance tests to measure your physical coordination. These exams could include asking you to stand on one leg, asking you to pace along the painted line on the road, asking you to tilt your head back and count to 30, and having you close your eyes and extend your arms and then try to touch the tip of your nose with your fingers. An officer may also subject you to mental tests. For instance, you may be asked to recite the alphabet backwards or do a counting test.

Key point: if you fail a field sobriety test, that doesn’t mean that you will be found guilty of DUI!

Indeed, the validity of FSTs can be challenged on a number of grounds. For instance, maybe the road was sloped or potholed, and this titled grade caused you to lose your balance. Or maybe you were simply fatigued from a long night or a bad conversation, and thus you couldn’t concentrate on the tasks being asked of you. Being pulled over for any reason can be extremely stressful and can cause certain people to behave in odd ways. The act of subjecting someone to a field sobriety test can actually change his or her behavior and make it difficult to understand the root cause of the behavior.

If you need help with constructing a Los Angeles DUI defense, you likely want to retain a top-caliber attorney who has the experience, wherewithal, and resources to help you.

November 3, 2010

Los Angeles DUI Analysts Ponder Oklahoma State Wide Receiver’s Big Texas Bust

by Michael Kraut

Many major Southern California DUI stories pertain to celebrity arrests, politician mishaps and “news of the weird” items like lawnmower DUI. But the DUI blogging community has been tracking a surprisingly high number of athlete DUIs lately – particularly in the Midwest. The latest celeb-athlete DUI arrest occurred in Texas last Monday, when Justin Blackmon, an Oklahoma State wide receiver — who, incidentally, boasts an astounding 1,112 receiving yards and 14 touchdowns this year — got pulled over and arrested, after an officer caught him zipping along Interstate 35 at 92 miles per hours in a 60 mile per hour zone.

If you have been caught and booked on charges of DUI in Pasadena, DUI in Glendale, DUI in Burbank, or DUI in Los Angeles, you might be able to relate to what happened to Mr. Blackmon. Apparently, the 20 year-old had been cruising on the highway after attending a Dallas Cowboys’ game. A spokesperson for the Carrollton Police Department reported that Blackmon failed a field sobriety test after he got pulled over for speeding.

In Texas, even trace amounts of alcohol in the system can lead to serious penalties for minors under the age of 21. While slightly different rules apply to California drivers, field sobriety tests across the nation have remarkably similar features. If you have been pulled over for driving under the influence in Los Angeles, you may have had to take field sobriety tests — exams which theoretically help officers determine your mental and physical state.

A typical first test is the horizontal gaze nystagmus test, during which an officer measures pupil reaction time to a stimulus (such as a flashlight). A slow reaction might indicate Los Angeles DUI. Subsequent tests will examine your balance. These could include the “walk the line test,” “one leg stand test,” “Rhomberg test” (tilting your head backwards and counting to 30), and the “finger to the nose test.” An officer may deploy some or all of these tests, and he or she may also test your mental facilities by asking you to do things like recite the alphabet backwards. Officers will also search for so-called “symptoms” of Southern California DUI, such as odor of alcohol on your breath, lack of physical or mental coordination, bloodshot eyes, inappropriate behavior, and admission to having consumed alcohol recently.

So what can you do if you or a loved one has recently been tagged with a charge of Los Angeles DUI? Whether you are a big sports star like Justin Blackmon or a “non celebrity,” the punishments for a conviction – even for a misdemeanor conviction – could be quite painful and severe. A qualified and experienced Los Angeles DUI lawyer can help you develop your case.

November 1, 2010

Los Angeles DUI Fatality – Pedestrian Killed in a Gruesome School Bus Crash

by Michael Kraut

Last Monday, a fatal Los Angeles DUI incident shocked and outraged the community. A black BMW swerved out of control into a pedestrian, killing him, and then crashed into a school bus, injuring dozens of kids. If you have been recently arrested for a non-injury DUI in Burbank, DUI in Glendale, DUI in Pasadena, or DUI in Los Angeles; this horrific story can serve as a crucial cautionary tale.

According to UPI reports, several witnesses saw a BMW fly through a red light, slam into a pedestrian, and then crash into a bus carrying students from Los Angeles’s Roosevelt High School, flipping it over onto a Metro Link platform. After the crash, the BMW’s driver and a passenger got out of the vehicle and tried to escape on foot. But a pair of construction workers saw them, ran after them, and detained them until police showed up and took them into custody. Of the 54 students on the bus, 16 got treated for non-critical injuries.

If the allegations turn out to be correct – that the BMW’s driver did hit and kill someone while DUI and then fled the scene of the crime – then the driver could get into profound amounts of trouble. The state takes the crime of driving under the influence extremely seriously. Even if you don’t hurt anyone or cause any property damage, if you get behind the wheel of a motor vehicle with a blood alcohol concentration of 0.08% or higher, or if you otherwise drive under the influence of alcohol, drugs, or even prescription medications, you can be arrested and charged pursuant to California Vehicle Code Sections 23152 (a) and/or 23152 (b). Your punishments can range widely and can include jail time, license suspension, extremely strict probation terms, steep fines and court costs, and mandatory interlock ignition device installation.

If you hurt someone while driving under the influence in Pasadena or elsewhere in the Southland, your charges can be ratcheted up significantly. Then you might be subject to California Vehicle Code Sections 23153 (a) or 23153 (b), which elevate what might be a misdemeanor charge to a felony — a significantly more substantial charge.

And if you drive while DUI and cause someone’s death, you can be hit with a variety of charges, depending on the circumstances of your accident, including:

• Vehicular homicide
• Vehicular homicide with gross negligence
• DUI murder (aka “Watson murder”)

If you face any DUI count, a conviction can impact your financial future and even your freedom. To protect yourself, consider retaining an experienced Southern California DUI attorney.

October 25, 2010

Chief Financial Officer of Walgreens Slapped with DUI charge – Los Angeles DUI Analysts Look at Implications

by Michael Kraut

Most headlines about Southern California DUI concern politicians, actors, celebrities, or “ordinary” people doing outlandish things (such as riding lawnmowers while DUI – a peculiar habit that this blog has documented multiple times).

A breaking story publicized by the Chicago Tribune shows that actors, celebrities, and oddballs don’t have a monopoly on the “DUI trade.” Wade Miquelon, the Chief Financial Officer for the Walgreens, got arrested on September 25 for DUI.

If you have been recently hit with a charge of DUI in Burbank, DUI in Pasadena, DUI in Glendale, or DUI in Los Angeles, it may behoove you to learn more about what happened to Miquelon and to explore how Southern California DUI law may impact your potential penalties and defense options.

The charges constituted the 45-year-old’s second DUI within a year. Police charged Miquelon with three different offences:

1. Driving under the influence of alcohol.
2. Driving on a suspended license.
3. Driving with a taillight out.

Of the three charges, obviously the most serious is the DUI – serious not only for Miquelon’s personal life (he could have his license suspended and could have to serve time in jail) but also for his professional life and for the wellbeing of his company. When top executives at major companies commit criminal offences, the market takes notice, and volatility can follow.

Looking more specifically at Miquelon’s case — and its implications for Los Angeles DUI defense — what lessons can we draw here? Considering that Miquelon got arrested twice within essentially a single calendar year, perhaps we should review the penalties associated with multiple convictions of DUI in Southern California.

As you might expect, the more times you get convicted for a DUI, the greater your penalties will be. But what are the specifics?

1. First conviction.

The court might impose penalties like: 48 hours mandatory jail time, $1,000 fine along with court costs, formal probation, six weeks in DUI alcohol school, one year California license suspension, mandatory installation of a device in your car that will prevent you from starting it if you have any alcohol on your breath, and other punishments that the court chooses to impose.

2. Second conviction.

A 2nd conviction for a Southern California DUI misdemeanor charge (within 10 years) will lead to increased mandatory jail time (up to 10 days), increased time in DUI alcohol school, a license suspension twice as long (two years), and a spike in your court costs and fines.

3. Third conviction.

If you are arrested 3+ times within 10 years, you become a Los Angeles DUI recidivist (serial offender). A typical misdemeanor charge can be elevated to a felony count. This is a much more serious charge that could result in a longer jail sentence as well as the permanent loss of certain rights. In addition to seeing increases in your alcohol school time, license suspension duration, and court costs and fines, you will also see a major increase in your jail time – from a 10-day minimum for a second DUI to a 120-day minimum for third time DUI.

If you face a charge of Los Angeles DUI, you may need a reputable and careful attorney to develop a case for you.

October 13, 2010

A Southern California DUI Lawnmower Arrest? Not Quite – This One Happened in Northern CA!

by Michael Kraut

Although this blog spends the majority of its time focused on Southern California DUI arrests, laws, and other relevant news, we also try to bring you related, eclectic news, like stories about about lawnmower DUIs. The crime may sound a bit absurd – and perhaps even comical – but it’s no laughing matter. Anyone who operates a motorized vehicle, bicycle, moped, or scooter on Southern California freeways and surface streets can get arrested for a Burbank DUI (or DUI wherever you are pulled over).

In this case, a man named John Poshepny got pulled over on October 2 outside Kenwood Market on Sonoma Highway. The California Highway Patrol officer who pulled the 55-year-old over noted in his arrest report that Poshepny smelled like alcohol, had a bottle in a brown bag, and staggered around and had slurred speech. Also, he had been driving lawnmower without its lights on… at 7:50 p.m. Officer Sloat arrested Poshepny and took him to Sonoma County Jail on the charge of misdemeanor DUI.

Beyond the pure novelty of lawnmower DUI arrests, this blog is interested in what motivates officers to take notice of erratic drivers and pull them over for driving under the influence in Glendale (or wherever).

Los Angeles DUI symptoms can include the following (although this is by no means a comprehensive list):

• Staggering around and slurring your speech (like Poshepny did)
• Operating your vehicle erratically or incorrectly (such as driving without your lights on, like Poshepny did)
• Smelling like alcohol (like Poshepny allegedly did)
• Disheveled appearance
• Mixing up your story about where you have been and what you have been doing
• Bloodshot eyes
• Being unable to respond to police officer questions
• Admitting to having consumed alcohol
• Failing field sobriety tests (FSTs)

Assuming that you demonstrate all of the above symptoms, you stand a fair chance of getting arrested for Southern California DUI. But cases are rarely that simple. Indeed, healthy, sober, and completely careful people can exhibit many of these symptoms. For instance, if you get fatigued or suffer an allergic reaction, you may develop bloodshot eyes and may have a difficult time answering questions coherently. If you are sick with something like diabetes, you may blow a “false positive” into a Los Angeles DUI breathalyzer test. If you are nervous, awkward, or simply uncoordinated, you may fail some of the balance tests. If you are simply intimidated by being pulled over, you may mix up your story about where you have been simply out of nervousness or fear. And if you are just a sloppy looking person… well, you might have a disheveled appearance.

The point here is that, whether you got arrested for a lawnmower DUI in Burbank or pulled over for an injury DUI elsewhere in the Southland, you need solid representation to help you design and execute your smartest defense.

September 27, 2010

Braylon Edwards Tagged for DWI – Los Angeles DUI Sports Bloggers Speculate about What’s Next

by Michael Kraut

It only takes a blood alcohol concentration (BAC) level of 0.08% to get a Southern California DUI – New York Jets wide receiver Braylon Edwards got pulled for a BAC of twice that – 0.16% – last Tuesday. And his DWI arrest may have implications not only for his career but also for the Jets’ season… and overall reputation in the NFL.

The scoop on Edwards’ arrest
Last Monday, Edwards attended an event to support a non-profit foundation in Manhattan. Following that reception, Edwards apparently went out and consumed alcohol. And at around 5:15 Tuesday morning, police pulled over his Land Rover on the west side of Manhattan because his SUV had “excessive tinting” on the windows – a vehicle violation. Police tested Edwards and found him to have that high BAC (0.16%). The following day, his attorney essentially acknowledged that the wide receiver had been driving DUI and that the police version of events was accurate.

Both Edwards’ legal and NFL situations may be further complicated by the fact that he had been on probation for assaulting a man outside a Cleveland club in 2009. The wide receiver (who at the time was playing for the Browns) pled no contest to aggravated disorderly conduct (a misdemeanor) and got a fine of $1,000 and probation. If he is convicted of his DUI, he could face serious punishments – including time in jail – for the probation violation. And, as far as his NFL career is concerned, he could be suspended for violating the League’s personal conduct policy. The Jets, meanwhile, may have to call up more talent or even re-sign a wide receiver to make up for Edwards’ potential absence.

Ironically, Edwards had been key to a Jets’ victory over the Patriots the previous Sunday – he caught a touchdown as well as a 2 point conversion in the 28-14 victory.

If – like Braylon Edwards – you drive with a BAC of 0.16%, you can be arrested and charged with DUI in Hollywood. Two key sections of the law stipulate what will happen to you: California Vehicle Code Sections 23152(a) and 23152(b). The second section – 23152(b) — stipulates that driving with a BAC of over 0.08% constitutes a Beverly Hills DUI (or a DUI, wherever).

Typically, your first Los Angeles DUI will be a misdemeanor. But if you collect multiple DUIs within 10 years (3 plus), prosecutors could elevate even a standard charge of driving under the influence in Hollywood up to a felony. A felony is much more serious. It comes with greater penalties, such as longer prison sentences and the permanent loss of certain key rights (e.g. the right to vote).

To analyze how to respond most effectively to a charge of driving under the influence in Los Angeles, you should probably talk to an experienced lawyer.