Driving Under the Influence of Alcohol

June 30, 2010

Ex-NFL Star Enters “Not Guilty” Plea to Southern California DUI

Corey Dillon, a former running back for the Cincinnati Bengals and the New England Patriots, pled not guilty to charges of driving under the influence in Southern California stemming from an April 21st arrest in Malibu on Mulholland Drive. According to reports, Dillon had been driving with a friend in a red Camaro, when officers noticed the car was driving slowly and awkwardly. They pulled Dillon over and arrested him for driving under the influence in Southern California (Calabasas, to be specific).

Just 10 days following his DUI arrest, Dillon got arrested again on separate charges of domestic violence. Prosecutors ultimately did not file charges against him for this arrest, and his wife subsequently recanted her allegations.

Dillon got arrested for two charges of Los Angeles DUI – but what does that exactly mean, legally speaking? What laws prohibit drivers from consuming alcohol/drugs and getting behind the wheel? The answer may have significant relevance to your case, if you or a loved one has been similarly arrested for DUI in Southern California.

The relevant laws include California Vehicle Code Sections 23152(a) and 23152(b). The first CVC section says that, if police officers stop you while you drive under the influence of either drugs or alcohol, you can be charged with a crime – either a misdemeanor or felony. If convicted, you can face a host of penalties, ranging from jail time to loss of your California driver’s license to serious fines and court costs. (You will also face secondary and tertiary consequences, including the onus of having a criminal record and potentially the loss of the right to vote, if you are convicted of a felony.)

23152(b) defines Southern California DUI as driving with a blood alcohol concentration (BAC) in excess of 0.08%. Violating 22152(b) will net you similar consequences.

If you hurt someone while driving under the influence, you could be charged under two different CVC sections – 23153(a) and 23153(b). An injury Southern California DUI can elevate what would ordinarily be a misdemeanor charge to a felony – a much more serious count.

So, if you or someone you care about has been charged with Southern California DUI (like Corey Dillon), what can you do to build an efficient defense? In almost all cases, you will want to quickly connect with a creditable and a battle-proven Los Angeles DUI attorney.

June 14, 2010

Jason Wahler Socked with Seventh Arrest – New Charges against Celeb Who Was Arrested for Southern California DUI in March

by Michael Kraut

As this blog reported several months ago, reality TV star Jason Wahler (of The Hills and Laguna Beach fame) got pulled over for Southern California DUI in March and wound up pleading guilty. Despite earning penalties like 48 hours in jail, three months forced alcohol school, and three years probation, the recalcitrant reality star was arrested yet again last Sunday on charges of misdemeanor battery, after he allegedly hit a girl at a Hollywood party. E! News broke the story last Monday, citing sources who said that Wahler was arrested around 1:45 in the morning and held on a $20,000 bail pending an arraignment.

This marked the 23rd year old’s seventh arrest in the last several years and third arrest in 2010. (In addition to his Newport Beach DUI in March, he also got busted in Mexico for participating in a bar fight). Prior to the Hollywood brouhaha, Wahler had allegedly been in talks to appear on Celebrity Rehab with Dr. Drew (on VH1). It is unclear whether he will now be invited on the show.

What happens when someone like Wahler gets charged with multiple counts of driving under the influence in Beverly Hills (or elsewhere in California)? Well… first we must note that Wahler was only busted once in 2010. If a defendant gets convicted multiple times for Southern California DUI, charges obviously increase.

For a first-time misdemeanor offense, the court might impose penalties like 48 hours of jail time, a fine of $1,000 along with court costs, a one-year suspension of a California driver’s license, and compulsory DUI alcohol school.

A second time misdemeanor offender may see a minimum of four days in jail (perhaps more), a two-year license suspension, a serious increase in court costs and fines, and additional compulsory alcohol school along with tougher probation terms.

If you are busted for driving under the influence in Hollywood a third time within 10 years, your jail time jumps up to 120 days minimum, and all other punishments increase – including driver’s license suspension (three years), alcohol school, probation, etc.

A fourth time DUI within 10 years – even one that would ordinarily be considered a misdemeanor – may be elevated to a felony and can merit a minimum of 180 days in jail along with other severe punishments.

How can you or a loved one battle back against spurious charges of driving under the influence in Hollywood or elsewhere in Southern California?

Whether you believe that a breathalyzer test erroneously showed you to be DUI, or whether you admit to driving DUI but seek to minimize your punishments and maximize your chance for rehab, you likely need a professional Southern California DUI defense attorney to guide you.

June 7, 2010

Celebrity Los Angeles DUI Bloggers Agog Over Real Housewife DWI Arrest

by Michael Kraut

Blogs and tabloids devoted to the topic of celebrity Southern California DUI arrests lit up last week after Sonja Morgan — one of the newest members of the “Real Housewives of New York City” cast — was busted for DWI in South Hampton Village, New York. According to the New York Post, the 46-year-old actress hurtled through a stop sign near First Neck Lane just after 2 in the morning. Allegedly, she had been partying with friends on East End over the holiday weekend. Morgan recently divorced John Adams Morgan, the great grandson of financial tycoon J.P. Morgan. Allegedly, she refused to take a breathalyzer at the scene. No court date has been set yet for her DUI charge. It’s also unclear whether or not her arrest will impact her appearance on Bravo’s hit reality TV series.

When you read about arrests like Morgan’s – whether they are celebrity run-ins with police or more “pedestrian” arrests for, say, DUI in Glendale — the focus is often on breathalyzer tests. But what are breathalyzers? Do they really work? And if you have been pulled over for driving under the influence in Pasadena, can you challenge the results of these tests?

Breathalyzers are chemical tests for DUI. Essentially, a breathalyzer is a portable chemical analysis machine. You blow into it. The machine analyzes the chemical composition of your breath. From there, a police officer is supposed to be able to extrapolate your level of blood alcohol concentration.

The machine is a great idea in theory. The problem is that, in practice, many things can skew the results.

For instance, if you are diabetic, you might have chemicals in your breath that might read as alcohol and thus yield a false positive. Also, men and women process alcohol at different rates and this can skew the results. Even the depth of the breath you breathe out can radically swing the results. If you breathe out shallowly, you will have a lower BAC rating (in general) than if you breathe a deep breath out. (Note: This may explain why many police officers encourage Los Angeles DUI breathalyzer suspects to breathe deeply into the breathalyzer).

An experienced Southern California DUI attorney can help you challenge breathalyzer results on a number of grounds – from challenging the care and handling of the machine itself to attacking the administration and testing to calling into question other details of the arrest or police work.

To build a solid case, however, you need an attorney who has been around the block with Southern California DUI defenses.

April 26, 2010

Celebrity Los Angeles DUI Alert — Prolific Reality TV Star, Megan Hauserman, Arrested in Miami for DUI

by Michael Kraut

More fodder for Los Angeles DUI and celebrity DUI bloggers — veteran reality TV star and self-described “actress” Megan Hauserman was arrested in Miami for DUI on April 16th at 3:15 AM.

The 28-year-old Hauserman — a one-time Cyber Girl for Playboy and star of a slate of reality shows, including ‘Rock of Love’ (Parts 1 and 2), ‘I Love Money,’ ‘Beauty and the Geek,’ and her own project, ‘Megan Wants a Millionaire,’ which was cancelled after three episodes after one of the contestants murdered his wife — was stopped for driving 25 miles per hour over the speed limit on the MacArthur Causeway in Miami.

Megan allegedly failed her breathalyzer test by blowing a 0.102% (Florida’s limit is 0.08% BAC — the same as the limit for Southern California DUI). Hauserman allegedly was on her way to her job at a strip club (New York Strip Steakhouse and Cabaret), but she told the troopers who pulled her over that she was heading to film a TV show.

Hauserman is no stranger to controversy. While filming a special episode for ‘Charm School,’ she got into a brawl with Sharon Osbourne and had to be physically removed from the set (in her bikini).

Police claim that Hauserman had alcohol on her breath. What other signs do police look for when investigating whether someone is or is not driving under the influence in Pasadena?

Los Angeles DUI signs can include:

o Disheveled appearance
o Inappropriate or non-answers to police questions
o Inconsistent or incoherent story telling
o Odor of alcohol on the breath (as Megan allegedly had)
o Watery eyes
o Fumbling, stumbling, and mumbling
o Lack of balance
o Admission to having had alcohol
o Inconsistent or inappropriate behavior (e.g. going from giddiness to hysterical crying)
o A general slowness and lack of alertness
What should you do if you’ve been hit with a charge of driving under the influence in Pasadena (or elsewhere in Southern California)?

Although you and your family may be stunned by your recent DUI charge, it may behoove you to take a quick and direct action to avoid the worst penalties and consequences. If convicted, you could lose your license, have to serve jail time, be forced to pay fines and court costs, and be compelled to install an interlock ignition device in your vehicle (among other punishments).

April 22, 2010

Heather Lockhear hit-and-run case could be complicated by her 2008 Southern California DUI

by Michael Kraut

Actress Heather Locklear, star of the TV series “Melrose Place,” was hit with a misdemeanor hit-and-run charge Saturday; her case could be vastly complicated by her previous arrest for driving under the influence in Southern California in September 2008. According to the Deputy District Attorney for Santa Barbara, Lockley “could be facing a maximum of 90 days” in prison, if she’s convicted of violating her Los Angeles DUI probation.

Play-by-play of the crash and arrest
On 4 A.M. Saturday night, a local Ventura County resident woke to the sound of a violent crash near his house. He investigated and saw a car smashed into a “no parking” sign. The driver peeled off. Concerned, the witness called the police, who investigated and connected Heather Locklear with the crash. Her black BMW had damage to its tire well that matched perfectly with damage to the “no parking” sign.

The police captain who cited Locklear did not handcuff her or take her to the station. Nevertheless, a court date has been set for May 17. (After her 2008 arrest, the 48-year-old actress was sentenced to 12 hours of road safety training, a $700 fine, and three years probation–in exchange for getting her Southern California DUI charge dropped.)

Whether a celebrity has been arrested for DUI in Burbank or for driving under the influence in Long Beach, she can be charged according to two DUI laws: California Vehicle Code Sections 23152 (a) and 23152 (b). The first statute says that if police stop you for driving under the influence of alcohol or drugs, they can arrest you and charge you with a misdemeanor or felony. Convicted offenders face jail time, suspension of California’s drivers license, points on the DMV record, and major fines and court costs. 23152 (b) defines DUI in Southern California “per se” as having a blood alcohol content (BAC) at or above 0.08%.

Although a single conviction of DUI in Burbank may only result in a misdemeanor, the charge can be elevated to a felony if this is your third DUI within 10 years or if you hurt someone.

Legal assistance for dealing with a charge of DUI in Southern California

If you or a loved one has been arrested for DUI — whether you face straightforward charges or more complicated ones like Heather Locklear now faces — you can likely benefit from the counsel of an experienced and trial-proven attorney.

April 21, 2010

More Peculiar than Even a Celebrity Los Angeles DUI — Case Out of Reno in Which Both Passenger and Driver Arrested Simultaneously for DUI!

by Michael Kraut

Southern California DUI headlines about indiscreet celebrities and sports figures capture a sizable (perhaps undue) slice of the American attention span. But today we are reporting on a story that’s potentially even more bizarre than the standard Lindsay Lohan DUI or Paris Hilton DUI type affairs.

A breaking story out of Reno, Nevada has lit up the blogosphere — even though no celebrities, sports figures, or even politicians were involved. Why all the fuss? Because it involves two men simultaneously arrested for driving under the influence in one stop.

The back-story
Last Tuesday, a motorist called the Reno police after he saw an SUV weaving around the road near Sparks Steakhouse (near McCarran Boulevard in North Reno). The motorist saw the SUV stop. The passenger hopped out of the vehicle, walked around to the driver, pulled him out and then carried him like a sack of potatoes back to the passenger side. The passenger then got into the driver’s seat and drove away.

By this time, police had arrived — in time to see the new driver (the former passenger) veering erratically over the road. Police pulled over the SUV and tested both men — Michael Yell and David Dudick — both of whom tested three times over the state’s legal limit of 0.08%.

“Double dip” Southern California DUI stops occur infrequently — but this incident out of Reno was not even the first of its kind that this blog has covered (if you recall, several months ago, we reported on a husband and wife who both got arrested for driving under the influence in Los Angeles at the same stop — although each was driving a different car).

Two statutes govern Long Beach DUI charges.

The first, California Vehicle Code Section 23152(a) defines the term “driving under the influence” as a crime that can lead to your arrest. It also stipulates the many consequences that await convicts, including driver’s license suspension, fines and court costs, points on your license, jail time, and mandatory alcohol education. (The statute does not, obviously, talk about the secondary fallout from these primary punishments — such as increased insurance rates, potential difficulties with employers, and so forth — but convictions under the statute can have long-term and complex consequences).

The second, California Vehicle Code Section 23152(b), defines DUI “per se” as driving with a blood alcohol concentration of 0.08% or greater. California Vehicle Code Section 23578 defines so-called excessive blood alcohol content as a BAC of 0.15% or higher. This may lead to a DUI penalty enhancement — in other words, your punishments can be even greater than they might be for a standard BAC violation.

Whether you were arrested under suspicion of driving under the influence in Long Beach, Burbank, Glendale, or elsewhere in Southern California, you will likely want an attorney to represent you through the various phases of your defense. Do not underestimate the power of prosecutors. The state tends to be particularly aggressive with DUI suspects.

April 7, 2010

Joey Porter will not be charged with Southern California DUI

by Michael Kraut

Joey Porter, a linebacker for the Arizona Cardinals, was arrested for Southern California DUI last week in Bakersfield near a Taco Bell. The 33-year-old allegedly got into a confrontation with the officers who arrested him – slapping a police officer’s hand when the officer opened his car door – but DUI allegations against the athlete have been dropped, according to the local Deputy DA.

According to reports, Porter tested right around the limit for Southern California DUI – different readings gave BACs at 0.07% and 0.08%. Prosecutors did not believe they had unambiguous evidence to convict. Deputy DA Mark Pafford was quoted in a Bakersfield paper about the matter: “We do not believe that there will be a reasonable likelihood that a jury would find Mr. Porter guilty… we thought it was not appropriate for us to proceed.”

Interestingly, apparently Porter had been pulled over at the same time as his friend had been pulled over – the double stop may have complicated the investigation and would certainly have made any kind of trial (if it had come to that) more complex.

Porter’s case of Southern California DUI aside, how exactly do breathalyzer tests determine whether or not prosecutors press for charges like DUI in Glendale?

The breathalyzer test is the most common type of BAC test employed in the Greater Los Angeles area. Theoretically, breathalyzer tests should work easily. All a suspect has to do is blow into a machine, which analyzes the breath and determines based on chemical methods how much alcohol is in the person’s blood stream. If that alcohol concentration is above a certain magic number – in California that number is 0.08% – then that person should be tried and ultimately convicted for DUI in Glendale (or wherever).

In practice, however, it’s not simple. Breathalyzer readings are subject to all sorts of errors. First of all, machines do not discriminate between men and women, between sick people and healthy people, and between people with different metabolisms. Deeper breaths into a machine may yield higher readings, and even false positives for DUI in Southern California. The machines can be misread. Officers can screw up the paperwork and record numbers incorrectly. Other chemicals in the blood or even on the machine can interfere with readings. And so on and so forth.

The inherent flaws in breathalyzer testing notwithstanding, if you have been charged with DUI in Pasadena, you likely need an expert attorney to help you navigate the legal system. It’s not enough simply to argue that “The breathalyzer test was wrong!” Unless you have evidence and argumentation to back up your claim, and unless you understand the proper legal protocol to defend yourself, justice may not be served.

Fortunately, you don’t have to go down this road alone.

March 31, 2010

Another Star of the Hills Busted for Driving Under the Influence in Southern California

by Michael Kraut

23-year old Jason Wahler was arrested for driving under the influence in Southern California last Friday night – just one week after he was arrested in Mexico for getting into a fight at a nightclub in Cabo San Lucas.

According to the arrest reports, the former boyfriend of both Lauren Conrad and tennis superstar Katja Decker-Sadowski was pulled over just before 11 o’ clock on Friday in his Chevy Tahoe in Newport Beach. Details of this arrest are hazy. More is known about Wahler’s previous arrests – which include a charge last year of assault in Seattle, Washington and a 2008 charge of assault after he socked a tow-truck driver in the face.

Wahler is no stranger to rehab – he was quoted in People Magazine saying, “I’m embarassed as hell, but I really do not remember my arrests. They’re blackouts. And that’s scary.”

Some of the snarkier blogs that cover stories about celebrity DUI in Los Angeles have noted that Wahler’s attempt at rehab in 2007 does not seem to have been successful.

The 23-year old’s multiple arrests do beg the question – what happens to someone who violates laws against DUI in Long Beach more than once?

Unsurprisingly, it turns out that the law ratchets up the punishments every time you get arrested for an additional charge of DUI in Los Angeles.

Long time readers of this blog will realize that we like to review the various kinds of punishments that can be doled out for driving under the influence in Long Beach. We think that knowledgeable drivers are empowered drivers. To that end, once more, let’s review what the court can impose for different DUI offences.

First time DUI – 48 hours in jail, $1,000 in fines plus court costs, CA drivers license suspension for one year, six weeks minimum of alcohol school, potentially formal probation imposed, mandatory installation of Interlock Ignition Device.

Second time DUI – mandatory 4 to 10 days behind bars, more court costs and fines – usually significantly steeper, 18 months minimum of alcohol school, two years of CA drivers’ license suspension, IID installation, and strict probation possible.

Third time DUI – 120 days behind bars, 18 months mandatory DUI alcohol school, three years California drivers license suspension, huge spike in court costs and fines, and more.

Fourth time DUI within ten years – could easily be elevated to a felony, 180 days minimum in jail, three year drivers license suspension, 18 months alcohol school minimum, four year drivers license suspension, another steep increase in court costs and fines, and more.

If you have been charged with a second, third, or fourth count of driving under the influence in Los Angeles, you may need legal representation ASAP.

March 23, 2010

Lots of Southern California DUI Arrests on St. Paddy’s Day

by Michael Kraut

St. Patrick’s Day, March 17th, is a notorious day for Southern California DUI arrests. 2010 was not that different. Consider statistics out of a single checkpoint in Bakersfield, California.

On March 17th, according to the Bakersfield Police Department Traffic Enforcement Detail, a checkpoint that ran from 5 pm to 7 pm on Golden State Avenue screened over 500 vehicles and netted a significant number of Southern California DUI arrests.

The official stats: 55 cars and trucks impounded, 41 unlicensed drivers cited, 8 drivers cited for violations of the California Vehicle Code, 12 drivers cited for driving on a suspended California license, 11 drivers required to perform a field sobriety test.

St. Patrick’s Day can be a dangerous day to drive because of all the alcohol-related frivolity. Bars, for instance, sponsor special deals and host parties. Alcohol manufacturers, such as Guinness and Jameson, also host parties and sponsor contests and the like.

St. Patrick’s Day is not the only dangerous day for Pasadena DUI events. Other holidays, such as the 4th of July, New Year’s Eve, Superbowl Sunday, Memorial Day Weekend, and Veteran’s Day witness more than their fair share of DUI incidents. The time of day you drive can also matter. If you want to avoid people who are driving under the influence in Pasadena, for instance, then steer clear of the roads late Friday night and early Saturday morning.

When police officers pull people over for suspicion of driving under the influence in Los Angeles, and they administer field sobriety tests, what exactly do they do?

Protocol differs from department to department. But several tests are “standard.” These include:

• Horizontal gaze nystagmus test — this is a vision test. An officer has the suspect follow an object with his or her eyes. If the pupils do not respond correctly, DUI may be suspected.
• Walk the line test — a suspect is asked to walk several paces in two directions. If he or she demonstrates a lack of balance or coordination, DUI may be suspected.
• Finger to the nose test — suspect is asked to stretch out his or her arms and touch a finger to his or her nose with eyes closed. If the person “misses,” DUI may be suspected.
• Suspect leans his or her head back and counts to 30. If he or she loses balance, DUI may be suspected.

Officers also look at other factors, such as the suspect’s demeanor, coordination, logic (or lack thereof) of thought process, odor of alcohol, and any admission of guilt (such as statements like “I drank a lot of Guinness tonight.”)

What should you do if you’ve been tagged for driving under the influence in Pasadena (or elsewhere in Southern California)?

Given the consequences of getting convicted for DUI (which can include jail time, huge court costs, drivers license suspension, mandatory IID installation, etc.), it makes a lot of sense to get excellent legal representation.

March 17, 2010

Sports Reporters and Celebrity Los Angeles DUI Bloggers Demand More Information about Yankees Executive’s Arrest

by Michael Kraut

Sports reporters from ESPN and independent bloggers who cover celebrity Los Angeles DUI stories are demanding more information about the arrest of New York Yankees Senior VP, Mark Newman, who was pulled over last Monday for driving under the influence in Florida.

Newman, who has served the Yankees for over two decades in player development, was pulled over for DUI in Tampa and taken to Hillsborough County Jail, according to the AP. He allegedly did not take a blood alcohol test and got released after posting a $500 bail. An AP reporter left a message on Newman’s cell phone, which the executive did not return.

The Yankees have been working overtime to do damage control. The organization released this short statement 24 hours after the stop: “the team is taking the situation seriously and is looking into the matter.”

With so many incidents of athlete Los Angeles DUI in the news lately – just scroll through this blog, for instance, to see a veritable roster of A-List athletes in trouble – many bloggers and sports commentators are not satisfied with the dearth of information about Newman’s arrest. Here you have the Senior VP of Operations for the Yankees bustled for DUI, and yet the press only prints half a paragraph about the story.

Have we become so inured to stories about celebrities being busted for driving under the influence in Burbank (and elsewhere) that we no longer have the patience to track all the different instances of athlete DUI? What can be done to slow the flood of DUI arrests — not just among athletes and celebrities but also among “common” citizens?

We believe that if people understood the law clearer, we would likely see fewer instances of DUI in Burbank (and elsewhere) and better driving in general. After all, studies show that simply attending to information can change behavior. Monitor the amount of power your home uses, for instance, and you will cut back on your energy uses subconsciously. So, if people spent more time just thinking about Southern California DUI laws, perhaps this could alter behavior in a positive way. And that’s partly what we are trying to do here with this blog.

To that end, let’s take another look at California Vehicle Code Sections 23152(a) and 23152(b). These laws spell out precisely what it means to drive DUI in Burbank and elsewhere in Southern California. They also stipulate the punishments that convicted offenders could get – these range from jail time to fines and court costs to strict probationary terms to mandatory installation of Interlock Ignition Devices (IIDs).

23152(b) stipulates a blood alcohol concentration (BAC) at or above 0.08% as the so-called “legal limit.” If you drive with a BAC of 0.08% or higher, that means that you are driving DUI.

Responding to charge of Los Angeles DUI