Driving Under the Influence of Alcohol

September 22, 2010

Los Angeles DUI Sports Bloggers Kibitz About Former Colt QBs Latest Arrest

Southern California DUI bloggers who track celebrity and sports star arrests have most recently been captivated by a sad story out of Indianapolis. Blair Kiel, a former QB for the Indianapolis Colts, got caught for driving with a BAC of over 0.17% in Indiana. The 48-year-old ex-NFLer started getting in trouble with the law after he completed an illustrious career, which included starring as the QB for Notre Dame and playing for the Colts and other franchises. This last decade has been particularly rough for Kiel, who has faced charges including violating an order against harassing his ex-wife, violating the terms of a May 2005 probation, domestic battery, resisting police, and public intoxication. His latest charge came at the end of August, when a police officer stopped him on Greenfield Avenue in Noblesville, IN and hit him with multiple charges of driving under the influence.

Obviously, many drivers in the Southland get pulled over for similar recidivist acts of driving under the influence in Burbank (or wherever). But what happens when you get convicted for a second, third, or fourth time for DUI in Southern California? Do the penalties increase? And if so, how do they increase?

Obviously, each case is different. The court will examine things like whether you hurt anyone while driving under the influence in Burbank, how many priors you have, whether you caused property damage, and whether you enter a program of rehab and treatment. That said, the court generally ratchets up its punishments as the number of convictions increase. For instance, while a first conviction may yield a one year drivers license suspension and minimum jail time of 48 hours; a second conviction will net significantly more minimum jail time and a two year mandatory license suspension. Your terms of probation, number of weeks of mandatory alcohol school, court costs and other punishments can be adjusted upwards to increase your punishment for recidivist Burbank DUI behavior.

Given everything that’s at stake for you – including your freedom and financial future – it pays to consult with a top caliber Los Angeles DUI attorney.

September 13, 2010

Notorious BIG’s Widow, Faith Evans, Arrested for Los Angeles DUI

by Michael Kraut

Faith Evans – singer and widow of hip hop superstar Notorious BIG – got pulled over for driving under the influence in Los Angeles (specifically Marina Del Rey) on September 4. Evans, who is known for songs such as “I Will Be Missing You” and “Way You Move,” got snagged at a DUI checkpoint in Marina Del Rey. Her arrest came just weeks in advance of her first album release in five years – “Something About Faith” – and it’s unclear whether the bad publicity will help or hurt album sales when the release goes live on October 5.

According to celebrity website TMZ, police released Evans on Sunday morning but impounded her car. The 37 year old R&B singer was arrested back in 2004 along with Todd Russaw, her second husband, for cocaine and marijuana possession.

Whether you are pulled over for a Long Beach DUI or driving under the influence in Beverly Hills, police officers will look for certain key “symptoms” of DUI. These can include but they are not necessarily limited to:

• Bad driving
• Smell of alcohol on the person
• Inability to answer officer questions
• Poor coordination or balance
• Slurred or incoherent speech
• Inconsistent stories of where you’ve been
• Bloodshot, watery eyes
• Inappropriate emotion reactions to situation
Of course, these behavioral cues may or may not be useful in determining whether someone was or was not driving under the influence in Long Beach. For instance, a person might get naturally nervous and stuttery around authority figures, or a person may have a naturally ruddy complexion. Or someone might have been out partying (not necessarily drinking) until late at night and thus look exhausted. All this is to say that, if you or someone you care about has been pulled over for Los Angeles DUI, you likely need substantial legal assistance to understand and respond effectively to the charges against you.

September 8, 2010

Will Lindsay Lohan’s Los Angeles DUI Prison Sentence Drive Her Out of Hollywood?

by Michael Kraut

Next to Mel Gibson’s infamous 2006 Southern California DUI arrest (and subsequent anti-Semitic rant), Lindsay Lohan’s 2007 Los Angeles DUI was probably the most talked about celebrity arrest in the past decade. As this blog (and thousands of outlets around the world) reported, Lohan recently served a multi-day jail sentence pursuant to charges that she violated the terms of her DUI probation. Now, after serving jail time and enrolling in a mandatory drug rehabilitation program, Ms. Lohan may abandon her Hollywood career and move back to New York City.

In separate articles, Lindsay’s mother (Dina Lohan) and father (Michael Lohan) have publicly stated that they think/hope that the actress will leave LA and go back to New York so that she can recuperate and permanently stay out of trouble.

Here is a quote from a recent report in People Magazine: “Lindsay Lohan will be leaving Hollywood behind and moving back to New York, her mother says.” According to People, Dina Lohan believes that Superior Court Judge Marsha Ravel played “hardball” with her daughter. Michael Lohan on Access Hollywood affirmed this message. “(Lindsay) needs a clean house to get away from all the people. She can’t go to the same places she used to go to. She can’t do the same things and go out and party at night. She’s got to change her life completely… I would like to see Lindsay step out of Hollywood. I would like to see her get her life back, then decide what she wants to do.”

Of course, media speculation – even speculation voiced by Lohan’s parents – may not amount to much, if anything. But the point we are trying to make is that a Los Angeles DUI conviction can be profoundly life altering. So that’s why it’s important to make sure you put your best defense forward — whether you are charged with driving under the influence in Hollywood or causing an injury DUI in Pasadena.

One way to battle back is to challenge the results of a breathalyzer test. Breath tests are the most common form of roadside testing for Los Angeles DUI. In theory, they should work like a charm. You simply blow into a device, and the device measures the amount of alcohol in your breath. From that number, you calculate your BAC percentage. In practice, however, breathalyzers can be extremely problematic. Diabetics and people on low carbohydrate diets, for instance, may have chemicals on their breath that can cause the breathalyzer to yield a false positive. Men and women process alcohol differently and at different rates, and the breathalyzer cannot discriminate between men and women. Even the depth at which you blow your sample can have ramifications for your reading. If you blow “too deeply,” you can actually potentially cause a false positive: the deeper the breath you blow, the higher the BAC reading will likely be – independent of what your BAC actually is in reality.

All this is to say that, if you face DUI charges, you may be able to challenge your breathalyzer or blood test results.

August 31, 2010

Mandatory IID Installment for 1st Time Los Angeles DUI Drivers: Will the Experiment Work?

by Michael Kraut

It’s been nearly two months since the implementation of the AB 91 pilot program, which mandates that first time Los Angeles DUI offenders install interlock ignition devices (IIDs) in their vehicles. So let’s assess whether this program has been helpful, harmful, or neutral.

A bit of background on AB 91 first.

Mike Feuer, a Los Angeles assemblyman, introduced the law, which requires that drivers convicted of DUI in Los Angeles, Tulare, Sacramento, and Alameda counties must put an interlock ignition device into their autos even after only one conviction. The compulsory device is wired into your ignition. So in order to start your car, you need to blow an essentially alcohol-free breath to show that you will not be DUI. (Your BAC reading must be 0.03% — substantially lower than the legal limit for Southern California DUI of 0.08%). Once you do blow a successful sample, you must continue to blow samples as you drive, or your horns will start going off and your lights will flash to attract the attention of police.

Although AB 91 passed unanimously, many in the Southern California DUI community have voiced objections. One potential problem with AB 91 is that, according to DMV data, first time offenders do not respond as well to IIDs as do recidivist offenders. In other words, the statistics seem to show that if you put an IID in the car of a first time offender, it’s really not going to do much in terms of preventing that person from breaking the law again. That said, if you put an IID in the car of a recidivist (someone who has more than one conviction), then, the statistics suggest you’ll get results.

Since we are only less than two months into the AB 91 experiment, it’s difficult to say how effective the program will be. But five years down the road, we will likely have substantial data to help shape Los Angeles DUI policy.

If you have been charged according to California Vehicle Code Sections 23152(a) or 23152(b) for Los Angeles DUI, you need some fast and accurate legal guidance.

August 4, 2010

A Lesson for All Would-Be Southern California DUI Drivers: From a 13-Year-Old Girl

by Michael Kraut

No one disputes that driving DUI in Los Angeles is dangerous – and that conscientious people should do everything in their power to prevent friends and relatives under the influence from getting behind the wheel. But a rare story out of Islip, New York drives home this point in emotionally compelling fashion. The story involves a 13-year-old girl who called 911 after her mom insisted on driving DUI in spite of having her and her 10-year-old brother as passengers.

CNN reported that the 13-year-old daughter of Jamie Hicks called 911 last Sunday, while her mom was weaving on I-84 near Connecticut. The New York State Police pulled Ms. Hicks over and arrested her after she failed a field sobriety test. Her BAC level tested at 0.18% – more than twice the legal limit for Southern California DUI. According to CNN, Ms. Hicks will appear in court on August 17th to face an array of charges, including charges of endangering minors.

It obviously took guts for the young woman to call the police — she clearly did not want to see her mother put behind bars — but perhaps her act averted disaster.

Moving to another important general lesson, let’s talk again about Southern California Field Sobriety Tests (FSTs) – what they are, how they have bearing (or not) on cases, and what you should do if you’ve been arrested for driving under the influence in Pasadena — hopefully not with young children in your car.

Field Sobriety Tests are mental and physical exams given by police officers. A common mental test involves saying the alphabet backwards. Physical exams include the horizontal gaze nystagmus test, which is essentially a pupil reaction time test. DUI individuals tend to have slower reaction times. Balancing tests include: walk the line, one leg stand, finger to the nose and rhomberg (where you tilt your head backwards and count from 1 to 30).

In theory, Field Sobriety Tests (FSTs) should do a pretty good job determining who is DUI in Pasadena and who is not. But in practice, the tests can be extremely problematic. First of all, drivers pulled over under suspicion of DUI tend to be nervous, jittery, uncomfortable, nauseous, and otherwise out of sorts. Their behavior (e.g. stumbling and fumbling) may have nothing to do with whether or not they are under the influence and everything to do with their natural disposition or their feelings of fear. Also, the National Highway Traffic Safety Administration (NHTSA) has suggested that all but three of the FSTs that police officers typically use – the horizontal gaze nystagmus, one leg stand, and walk and turn tests – really don’t show a correlation between impairment due to alcohol and performance.

For example, someone who is DUI may have a fantastic memory and may be able recite the alphabet backwards by rote even with a BAC of 0.20.

If you have been pulled over for Southern California DUI, you likely need a smart and experienced attorney in your corner to investigate the arrest and help you come up with a strategy to deal with the charges. Sometimes that strategy may involve trying to get the charges excused completely. Other times, it might involve trying to plea bargain down the charges so you will face a lesser offense and reduced punishment.

August 2, 2010

Even Los Angeles DUI Veterans Stunned by Man’s 17th DUI Arrest

by Michael Kraut

You might think that Southern California DUI experts have seen at all – from celebrity arrests (e.g. Nick Nolte, Lindsay Lohan, Mel Gibson) to other bizarre stories we have covered here on this blog. But a breaking story out of Louisiana actually may take the cake for most jaw-dropping case of the year.

The Sun Herald reports that Jimmy Graves Jr. was sentenced last Wednesday to 5 years in jail pursuant to his 17th DUI arrest. The 40-year-old Gonzales got pulled over last May 11th with a BAC of 0.16% – exactly twice the legal limit of a Long Beach DUI. Initially, prosecutors charged Graves with a misdemeanor second DUI offense. But upon further consideration, prosecutors found that Graves had been pulled over for DUI 16 prior times (including both convictions and arrests) and sought to punish him more. The jury sided with the prosecutors and sentenced Graves to a day-for-day five-year prison sentence — without consideration for early release — due to his habitual offender status. Graves’ Long Beach DUI arrest (Long Beach, Louisiana that is) occurred at 12:30 A.M. while he was driving his wife to the beach for his birthday. He maintained up until the end that he was not guilty of the charge and that the breathalyzer Intoxilyzer 8000 had malfunctioned.

Now, in the case of a guy who had 16 prior DUI arrests, one might be very dubious of this defense. After all, fool me once, shame on you… fool me 16 times, shame on me.

However – although this blog obviously can’t say anything about this particular case – breathalyzer machines are far more fallible than most people (including most police officers and Los Angeles DUI defendants) realize. Breathalyzers fail to distinguish between men and women, who process alcohol at different rates. Breathalyzers have a hard time telling the difference between ethanol and other chemicals on the breath – particularly chemicals found in the breath of diabetics. The amount of food, the depth of the breath blown, the calibration of the machine, officer bias, and literally dozens of other factors can prejudice results, yielding false positives.

A savvy Long Beach DUI attorney can challenge your breathalyzer-related arrest. The key is retaining a Los Angeles DUI lawyer who has the knowhow, knowledge, and track record to get the job done.

July 28, 2010

Enough Prattle about Lindsey Lohan’s Los Angeles DUI Jail Sentence: Let’s Talk about Goats in Trunks

by Michael Kraut

For the past several weeks, blogs and even the mainstream media have been endlessly covering Lindsey Lohan’s Los Angeles DUI related jail sentence (stemming from a 2009 arrest). And it’s not just Lohan who has had to face the music – actor Chris Klein, 80’s rocker Jani Lane, and seemingly dozens of celebrities, sports figures, and politicians alike have been taking the lumps. But one non Los Angeles DUI story that’s gone completely under the radar – but which is nevertheless quite interesting – involves neither a celebrity nor an athlete nor a politician.

It involves a goat and a trunk.

Yup. You read that right. Here are the details.

On June 11th, a police officer in Bedford County Virginia pulled over a woman named Fiona Enderby for suspected DUI and discovered that she had a goat locked up in her trunk. The Sheriff’s Deputy “liberated” the animal and turned him over to new owners at a local farm, Johnson’s Orchards. The goat was humorously rechristened “Trunk” and, according to a local affiliate news source, he is getting a royal treatment now – “a fenced and aerated room, with a creek and plenty of trees for shade…and several other goats to play with, including female goats.”

Getting a little more serious, let’s return our attention to the laws governing Long Beach DUI arrests (and arrests for DUI elsewhere in Southern California). The California Vehicle Code Sections 23152(a) and 23152(b) spell out precisely what a charge of “DUI in Long Beach” constitutes and how it should be punished. According to the first statute, 23152(a), if a police officer stops you while you are driving a motor vehicle while DUI, you can be arrested and subjected to myriad punishments. The court can order you to spend time in jail, suspend your driver’s license, require you to install an interlock ignition device in your car, enforce terms of probation, and set other punishments. 23152(b) defines DUI in a different way – as having a BAC (Blood Alcohol Concentration) of 0.08% or greater. The same penalties spelled out in 23152(a) apply.

Obviously, only the small minority of DUI in Long Beach cases involve celebrities, politicians, singers, or goats. If you or a family member currently faces charges pursuant to 23152(a) or 23152(b), the quality of your legal representation can make a huge difference in terms of the sentence you get and whether or not you can put up stiff resistance to the charges.

So who should you get in your corner?

July 21, 2010

Celebrity Los Angeles DUI Bloggers Weigh in on RFK Jr.’s Wife’s Charge

by Michael Kraut

Two months ago, Mary Kennedy, the soon-to-be ex-wife of Robert F. Kennedy, Jr., was pulled over for DUI in Bedford, New York – a surprising arrest that sparked heated discussion among the bloggers and pundits who track celebrity Los Angeles DUI matters.

Background of her arrest follows:

On May 13th, the day after Mr. Kennedy filed for divorce, he and Mary Kennedy had a public fight regarding whether or not they should take their four children to a carnival. Officers got called to resolve the domestic dispute, at which time, according to police documents, Mr. Kennedy accused his wife of being “intoxicated and…acting irrational.”

On May 15th, the Bedford police pulled over Mrs. Kennedy at around 9:15 p.m. after she was seen driving onto the curb on Greenwich Road. The arresting officer noted that her speech was slurred, and her BAC tested at higher than 0.08% – the legal limit for DUI in Southern California as well as New York. To-date, neither party has made public comments on the upcoming divorce filing. On July 22nd, Mrs. Kennedy will have her day in court for her DUI.

Broader Implications
Whether you are pulled over for driving under the influence in Glendale or Bedford, NY, police will examine a range of evidence to render a judgment about whether you are DUI or not. The arrest report noted that Mrs. Kennedy had slurred speech, which can be a symptom of DUI in Glendale (or really anywhere in the country). What other symptoms do officers look for? Here is a partial list:

• Incoherent or inconsistent stories about where the person has been/is headed.
• Incomprehensible or overly slow or overly rapid responses to police questions.
• Slurred speech.
• Bloodshot/watery eyes.
• Poor motor control.
• Any kind of inappropriate reaction, such as manic or overly aggressive behavior.
• Odor of alcohol on the person or in the person’s vehicle.
• Lack of balance.
• Abnormally slow pupil reaction time (failing the horizontal gaze nystagmus test)

What if you or a loved one failed a Pasadena DUI sobriety test? What can you do to shield yourself against potential legal blowback and clear your record? Furthermore, how can you prevent getting into dangerous and legally uncomfortable situations like this again?

Your best strategy may be to find an experienced and reputable Los Angeles DUI attorney.

July 14, 2010

Southern California DUI Blogs Buzz about Seahawks Runningback’s Arrest

by Michael Kraut

Southern California DUI reporters have been furiously blogging the past week about the arrest last Saturday of Quinton Ganther, a runningback for Seattle Seahawks. The 25-year-old Ganther played for the Washington Redskins last season and rushed for more than 200 yards. The Seahawks signed him to compete to play on the 53-man squad as a reserve runningback.

According to the Seattle Times, Ganther was driving around 3:45 early Saturday morning near Sacramento when the California Highway Patrol (CHP) pulled him over and took him into custody. After a stay at the Sacramento County Jail, Ganther secured release by making a bail of nearly $1,500. Ganther’s Southern California DUI arrest is just the latest in a series of legal problems for Seahawks players. Leroy Hill, a teammate, was busted in April for charges of domestic violence and assault – he could be going to trial potentially this month. And Kevin Ellison, a safety, got arrested in May for possessing Vicodin tablets that he didn’t have a prescription for. (Technically, Ellison was on the roster of the San Diego Chargers during that arrest. Subsequently, the Chargers waived his contract, allowing him to sign with the Seahawks.)

Whether you get pulled over for DUI in Long Beach, Laguna Beach, or Sacramento, police officers will (or at least should) subject you to similar treatment. In particular, they will look for so-called “symptoms” of Southern California DUI. Here is a partial list:

• Impaired motor skills
• Odor of alcohol or other intoxicants on the breath
• Eyes are watery and bloodshot
• Incoherent responses to police questions
• Problems fishing out a wallet or driver’s license
• General stumbling and fumbling
• Disheveled appearance
• Demeanor that’s out of the ordinary – e.g. excitable, overly defensive, belligerent
• Incoherent explanation of where the person has been
• Admission to using alcohol, prescription medications, narcotics, or other substances.

If convicted of a charge of Long Beach DUI (or really, DUI anywhere in the Golden State), you can face a variety of scary penalties, including jail time, harsh fines, driver’s license suspension, mandatory alcohol school and probation. And that’s all for a Los Angeles DUI conviction that’s not further complicated by injury or serious property damage.

How much trouble are you in? And what can you do about your arrest?

July 5, 2010

Southern California DUI Blogs Light Up as Mötley Crüe Singer Busted for DUI in Vegas

by Michael Kraut

49-year-old Vince Neil, the lead singer for 80’s hair band Mötley Crüe, was detained last Monday in Las Vegas, after cops pulled him over for driving under the influence in a Ferrari on Las Vegas strip. Southern California DUI experts have been quick to point out that the singer has had multiple encounters with the law over drug and alcohol charges. In 1984, the singer pled guilty in a DUI vehicular manslaughter case, in which he accidently killed Nicholas Dingley, the drummer of Hanoi Rocks. For that crime, he paid out $2.5 million in restitution costs and spent 20 days in jail. Neil was also arrested in 2007 for reckless driving in a Lamborghini in Vegas. During his latest offence, reports TMZ, he was held at Clark County Detention Center prior to being released after posting a $2,000 bail.

If, like Neil, you drive DUI and cause someone’s death directly or indirectly– whether you drive DUI in Burbank on the 101 or DUI in Long Beach on the 405 – you could face severe punishment under California’s vehicular manslaughter laws. Prosecutors will look to police reports and the reports of investigators to determine whether to file vehicular manslaughter charges. One of the most serious offences is “gross vehicular manslaughter while intoxicated” – this is a violation of the Judicial Council of California’s Penal Code section 191.5 (a). The conviction carries monumental penalties, including lots of jail time.

To prove that a person who was DUI in Burbank and killed someone violated Penal Code section 191.5 (a), prosecutors must prove four points:

1. The person drove under the influence of a drug, narcotic, or alcoholic beverage, or had a BAC level of 0.08% or greater.

2. While DUI or otherwise under the influence, the driver committed a driving infraction, misdemeanor or other act that could result in someone else’s death.

3. The driver committed that act, misdemeanor, or infraction with “gross negligence” – an extra degree of recklessness or carelessness.

4. Prosecutors must show that the grossly negligent behavior led – either directly or indirectly – to the actual death of another human being.

As you can see, charges of Southern California DUI can get quite complicated, and a defense can become quite convoluted, particularly if you cause injury to another person like Neil did in 1984.

To that end, to protect your rights, consider retaining experienced Los Angeles DUI defense counsel.