Driving Under the Influence of Alcohol

March 8, 2010

Southern California DUI NewsFlash — Anti-gay lawmaker busted for driving under the influence after speeding away from a gay bar in Sacramento!

A Southern California DUI arrest has the national media buzzing with its political implications. Early last Wednesday morning in Sacramento, State Senator Roy Ashburn from Bakersfield (R), was pulled over by the California Highway Patrol for driving erratically. Unidentified sources reported that the Senator had been partying at a local gay hotspot called Faces, and he had a male companion with him in his car. Ashburn has been a vociferous opponent of gay rights in California. For instance, he pushed hard for California’s Proposition 8, which passed in 2008, banning gay marriages in the state.

It is uncertain whether the 55-year-old Senator’s male companion (who was with him at the time of the arrest) was in any way linked with the Senator romantically.

Following his DUI arrest, Ashburn issued the following statement: “I am deeply sorry for my actions and offer no excuse for my poor judgment. I accept complete responsibility for my conduct and I am prepared to accept the consequences for what I did.”

Ashburn faces a primary challenge from another Republican for re-election to State Senate. According to various news reports, Ashburn has been charged with driving under the influence in Southern California as well as driving with a BAC above the state’s legal limit of 0.08%.

The News in Depth

Whether you are stopped for driving under the influence in Long Beach, Pasadena, Bakersfield, or Sacramento, two applicable laws are California Vehicle Code Sections 23152(a) and 23152(b).

The first section, 23152(a), defines what it means to be under the influence and talks about what might happen to you if you get convicted of the crime. The law stipulates that you could:

o lose your California drivers license
o be forced to pay restitution, court costs and other fees
o be jailed for a period of time
o receive points on your DMV record
California Vehicle Code Section 23152(b) stipulates that if you drive with a blood alcohol concentration of 0.08% or higher, this constitutes DUI, and you could receive the same punishments stipulated in Section 23152(a). In the case of Senator Roy Ashburn, from the news reports, it sounds like both of these Vehicle Code Sections might be applicable.

So what should you do if you have been arrested for DUI in Long Beach, Burbank, Beverly Hills, Sacramento, or elsewhere in the state?

Most defendants should connect with a credentialed, highly regarded Southern California DUI defense attorney ASAP.

March 4, 2010

“Guilty” Verdict Handed Down in Southern California DUI Case for Pro Bowl Wide Receiver

by Michael Kraut

Last Wednesday, Chargers wide receiver Vincent Jackson pled guilty to driving under the influence in Southern California in January 2009, and prosecutors set the terms of his sentencing.

The 27-year old Jackson had been arrested in January with a BAC of 0.17% (California’s legal limit is 0.08%). The January ’09 arrest was actually his second Southern California DUI. He was busted in June 2006 and convicted for that DUI — netting him a $1,750 fine and five years of probation. This time, he did not get off so easily. In addition to a concomitant fine (of $2,408) and another five years probation, the wide receiver will have to do 15 days of community service and will likely be suspended by the National Football League for at least two games.

In light of recent comments Jackson made in the radio interview, during which he taunted his prosecutors, many analysts are saying that Jackson is getting off pretty easy. For a comparison, the City Attorney’s Office had requested the Judge to give Jackson 180 days in jail — also known as “substantial custody.” City attorneys were also miffed because Jackson managed to pull off a string of continuances that allowed him to delay his Southern California DUI sentencing until after the NFL season. (Nevertheless, San Diego’s City Attorney did not oppose the two continuances when they were filed.)

The Jackson sentence may or may not be an aberration, depending on who you speak to. But how do the sentencing guidelines differ for first and second time Burbank DUI offenses?

Sentencing can depend on a host of factors, including the context of the DUI arrest, whether or not the defendant cooperates with prosecutors, whether anyone was injured during, and so forth.

That said, typical first time penalties for Southern California DUI include:

• 48 hours in jail with six months maximum imprisonment
• Mandatory installation of Interlock Ignition Device (IID) — this is a new punishment that went into effect in January 2010
• Six weeks minimum DUI alcohol school (nine months maximum)
• A suspension of California driver’s license for a full year
• $1,000 fine
• Court costs (often can be significantly higher than $1,000)
• Strict terms of formal probation for misdemeanor DUI offenders

Second time DUI offenders typically can get the following penalties:

• Jail time of four to ten days (minimum); maximum six months
• Two year suspension of California drivers’ license
• 18 months minimum DUI alcohol school (30 months maximum)
• Imposed installation of IID
• Fines and court costs which can be much higher than first time DUI fines
• Probation terms which can be much stricter than terms for first time violators

For help analyzing your Burbank DUI defense, you may need to turn to an experienced attorney.

February 24, 2010

NHL All Star Goalie Slapped with DUI Charge: Not a Beverly Hills DUI, But Arrest Has Nevertheless Attracted Tons of Media Attention

by Michael Kraut

Many DUI in Beverly Hills cases begin when an intoxicated celebrity drives way over the speed limit in a fancy car and gets nabbed by the police for his or her hubris. Well, All Star NHL Goalie Nikolai Khabibulin was arrested last week for doing just that, when he was cuffed near Scottsdale, Arizona. Here is the story:

On February 8th, the goaltender blasted his red Ferrari down a Scottsdale road at 70 miles per hour — more than 25 miles per hour over the speed limit. Local police pulled over the 37-year-old and gave him a field sobriety test after noticing the odor of alcohol on him. Khabibulin was subsequently arrested and charged with DUI and speeding. According to the General Manager of the Oilers, “Nikolai has been fully cooperative with the authorities.”

Khabibulin, who signed a $15 million contract with the Edmonton Oilers in 2009, has been out since mid November thanks to a lower back injury. The Oilers have struggled without his finesse — racking up the worst record in the league (19-36-6). (For comparison, Khabibulin’s record was 7-2-9 with just over three goals scored against on average for the ’09-’10 hockey season.)

When police officers make DUI stops — whether they do so in Scottsdale or Southern California — what kinds of tests do they conduct?

Beverly Hills DUI police typically handle roadside stops ritualistically. In other words, they adhere tightly to a pre-scripted procedure:

The first kind of Southern California DUI field sobriety test usually given is the horizontal gaze nystagmus test. This is an eye exam designed to see whether the driver can track an object across a field of view. If the eye bounces around, this might indicate that the suspect is DUI.

The following test is the walk the line test. This is a balance test. A suspect must step nine paces in two directions over a line (such as a yellow dividing line). If she falls over, that might indicate she has been driving under the influence in Beverly Hills.

The next test is the one-leg stand test. This is another balance test. The driver stands on one foot for half a minute. Again, if he or she loses balance, this might indicate DUI.

The next test is the Rhomberg test, in which a driver tilts his head back and counts from 1 to 30. Again, a loss of balance might indicate DUI.
Officers can also employ coordination tests, such as the finger to the nose test.

Finally, mental coordination tests may be employed as well — such as reverse counting tests.

Just because you fail a Beverly Hills DUI field sobriety test doesn’t necessarily mean that you will be convicted. But you may need solid legal representation to help you build a good defense.

February 10, 2010

Mel Gibson’s 2006 Los Angeles DUI Back in the News after Gibson Curses TV Reporter

by Michael Kraut

Mel Gibson’s 2006 Los Angeles DUI arrest may have been the most written-about celebrity DUI arrests of the past decade. That’s saying a lot, given the wall-to-wall coverage that celebrity DUIs merit (see, for example, the DUIs for Lindsay Lohan, Nick Nolte, Stephanie Pratt, etc.).

Gibson’s arrest on Pacific Coast Highway on July 28, 2006 was relatively “ordinary” as far as Beverly Hills DUI arrests go. He was driving more than 40 miles over the speed limit with a BAC that later tested at 0.12% (California’s legal limit is 0.08%), when he was pulled over and arrested by Malibu police deputy James Mee. Gibson allegedly launched into an anti-Semitic rant, behavior that he later admitted was “despicable.”

Gibson and his publicists worked hard to put that memorable Southern California DUI arrest in the past. But old wounds opened on Wednesday February 3rd when the actor lashed out against Chicago television reporter Dean Richards (WGN TV), after Richards brought up the DUI during a TV interview about Gibson’s latest film, Edge of Darkness. Richards asked the actor about his “drinking problems” and “the anti Semitic rant.” Gibson shot back “that was almost four years ago, dude. I’ve moved on. I guess you haven’t.” Then, Gibson called the reporter an a****** — apparently unaware that the cameras were still rolling. (Gibson and his publicists have since done another round of damage control to keep this latest bit of hostility under wraps.)

Any mention of Gibson’s arrest would be incomplete without a brief discussion of the penalties typically doled out for misdemeanor Southern California DUI. Even if it’s only your first time pulled over for driving under the influence, you can still be subject to any one (and possibly even all) of the following punishments:

• Six weeks of DUI alcohol school (maximum nine months)
• Strict terms of probation for release. You may have to check in with a California probation officer periodically and adhere to other conditions and terms to get released.
• One year suspension of California drivers’ license — no restricted license allowed
• A $1,000 fine
• Court costs (which can be significantly more than $1,000)
• Mandatory jail time of two full days in custody (48 hours); maximum half a year in jail
• Mandatory installation of interlock ignition device (IID) in your vehicle. (For instance, had Gibson been arrested for a Southern California DUI today instead of in 2006, he would have been compelled by law to install an IID in his 2006 Lexus LS 430.)

How can you effectively construct a defense so you won’t have to endure these (many) penalties for driving under the influence in Burbank or elsewhere in Los Angeles?

Lawyers abound in Southern California who can nominally do this kind of defense work. But unless you’re very careful about choosing, you can easily get second class representation, which could indirectly mean more stringent punishments and a longer, more costly road to rehabilitation. Fortunately, you have options…

February 4, 2010

Los Angeles DUI Charge for “Heroes” Actor Adrian Pasdar

by Michael Kraut

On Wednesday, January 27, Adrian Pasdar, star of NBC’s “Heroes” series, was pulled over for driving under the influence in Los Angeles. According to reports, the 44-year-old actor was speeding on the 405 in his Ford F-150 truck at nearly 100 miles per hour — straddling two lanes of traffic — when the California Highway Patrol pulled him over at 3 a.m. near Santa Monica Boulevard. After noticing an odor of alcohol coming from his car, the cops gave him a field sobriety test. Pasdar refused a breathalyzer and was remanded to County Jail and held on a $15,000 bond, which he posted at 8:30 AM. His misdemeanor Los Angeles DUI trial has been scheduled for February 24. Pasdar is married to Natalie Maines, one of the lead singers for the Dixie Chicks.

Whether you’re pulled over for a Long Beach DUI on the 405 South, or a Burbank DUI on the 101, the California Highway Patrol administers similar kinds of field sobriety tests. What are the typical field sobriety tests (FSTs), and how do they purport to work? Here’s a quick primer:

Gaze tests

The Horizontal Gaze Nystagmus test determines pupil coordination. An officer tracks the eye movement of a suspect following an object or a light.

Balancing tests

Common balancing tests include the One Leg Stand test, the Walk the Line test, and the Rhomberg test. With the One Leg Stand test, a driver is asked to stand on one leg. If he or she tips over, this might indicate DUI. The Walk the Line test is perhaps the most famous Southern California DUI field sobriety test. A suspect must walk nine paces back and forth on a straight line (e.g. a highway divider line). If the suspect “falls off,” then he or she might be suspected. Finally, the Rhomberg test involves leaning back and counting to 30. Again, tipping over might indicate intoxication.

Coordination tests

The so-called Finger to the Nose test is perhaps the most common. In this exam, a driver closes her eyes and attempts to touch her nose after extending her arms. If the driver cannot “find” her nose, then DUI may be suspected.

Officers will also look for indicators of demeanor and constitution. For instance, let’s say police pull over a person on suspicion of driving under the influence in Long Beach on the 405 South. In addition to performing the FSTs, officers will also look for signs like slow speech response, impaired motor skills, disheveled appearance, watery eyes, and general lack of coordination.

If you or someone you love has been stopped and arrested for a Long Beach DUI, you may need serious legal assistance to avoid dramatic punishments. The city does not want for lawyers who are willing to tackle Los Angeles DUI defense work. But take the time to find a lawyer who has talent, experience, and a proven trial track record.

January 21, 2010

Southern California DUI Charges for Chargers Receiver? Not Quite. But Last Few Days Clearly Have Not Been Kind to San Diego Football.

by Michael Kraut

In January 2008, Chargers receiver Vincent Jackson got busted for driving under the influence in Southern California. Today – nearly two years to the day since that arrest – Jackson’s driving troubles are again making headlines. Sunday night, just hours after the Chargers lost a bitterly contested battle against the New York Jets for the right to continue on in the playoffs — Jackson got pulled over by San Diego police for blasting music from his car. The officer found that Jackson had been driving on a suspended license and had expired tags. San Diego 10 News reported that Jackson was not actually taken to jail — but he did get handcuffed at the scene.

In addition to his January 2008 DUI charge, the troubled receiver is also grappling with a second Southern California DUI charge; his BAC level in that case was allegedly twice the CA legal limit of 0.08%. He got a continuance on this charge last week, but if he’s ultimately convicted, the NFL could suspend him.

What happens when you’re arrested multiple times for driving under the influence in Southern California?

Obviously, penalties increase. But how, specifically? And how might these increased threats impact defense strategies?

In one sense, every case is different. Sentencing can depend on eclectic factors such as:

* the lawyers involved
* the judge you get
* the arguments you make
* the context of the DUI arrest
* your level of contrition
* etc

That said, mandatory punishments for first time misdemeanor DUI offenses differ from from mandatory multiple DUI punishments in some key ways.

First-time punishments often include:

* CA driver’s license suspension
* $1000+ fine
* Additional costs levied (can vastly exceed the $1000 fine)
* 48 hours behind bars (six months maximum)
* Forced DUI alcohol school
* Mandatory insulation of an interlock ignition device (IID) — even first-time misdemeanor DUI convicts must install an IID, subsequent to the law that went into effect on January 1, 2010
* Probation and other court imposed terms of release

But if, within 10 years, you get convicted of two+ charges of DUI in Southern California, possible penalties can increase in the following ways.

* Fines: whereas with a first-time misdemeanor DUI, the maximum fine is $1000; with multiple DUIs, this number can go up — way up.
* License suspension: a second DUI nets you a two-year suspension. A third DUI nets you a 18 month suspension. And so forth.
* Minimum jail time: A second DUI leads to a mandatory minimum sentence of 4-10 days behind bars. A 3rd DUI leads to a mandatory minimum of 120 days. A fourth DUI leads to a mandatory 180 days in jail. And that’s all just for misdemeanor convictions.
* Minimum time spent in alcohol school also goes up with each conviction.
* Terms of probation can stiffen with each new DUI conviction.

Building a stout defense to Los Angeles DUI, Long Beach DUI, or Whittier DUI charges is not easy, even for veteran defense attorneys.

January 7, 2010

Wide Receiver for Colts Busted — Not for DUI in Los Angeles — but Rather for DWI in Indianapolis

by Michael Kraut

The NFL is abuzz with reports of the latest celebrity sports DUI. This one’s not the typical charge of driving under the influence in Southern California; rather it is a DWI arrest in the otherwise sleepy city of Indianapolis, Indiana. The suspect in question is Tajiddin Smith, a wide receiver for the Indianapolis Colts. Smith had been called up to the NFL just months ago (September), and he played last weekend in the Colts’ battle against the New York Jets.

The 26-year-old Smith allegedly had been driving erratically — swerving over the center divider in an area called Monument Circle — when a police officer pulled him over. According to a local media outlet, Channel 6, Smith allegedly smelled like alcohol and had difficulty exiting his vehicle. He failed police-administered roadside sobriety tests and blew a BAC high above the state’s legal limit. News Channel 6 also reported that Smith was charged with ‘driving while intoxicated’ (DWI) — a potentially more serious charge than ‘driving under the influence’ (DUI).

If you’re pulled over for driving DWI in Beverly Hills or DWI in West Hollywood or anywhere else in Southern California, it can help to have a working understanding of the standards by which officers must conduct themselves. In California, DWI suspects can be arrested in essentially two ways:

1) At predesignated ‘DUI checkpoints,’ which are set up explicitly to catch drivers in the act of violating California Vehicle Code Sections 23152 (a) and (b).

2) Drivers can be arrested via ad hoc traffic stops. Indeed, most Southern California DUI arrests occur after an officer observes a traffic infraction or other road violation — such as swerving over the center line as Smith allegedly did. Other typical ‘trigger’ violations include: running stop signs or stoplights; speeding excessively; going too slow for traffic; and driving recklessly or aggressively.

In California, police may not act with impunity during these pullovers. Both the California Supreme Court and the United States Supreme Court have stipulated precise rules of conduct by which arresting officers must abide. If an officer makes a stop illegally, or if a suspect is denied due process, for instance, the charges against the defendant may be thrown out, irrespective of the validity of the allegations.

You need not be a sports celebrity to avail yourself of the best possible legal defense against charges of Beverly Hills DWI (or DWI elsewhere in Southern California).

January 4, 2010

New Year’s Eve Arrests for DUI in Los Angeles Way Up over 2009 Numbers

by Michael Kraut

According to California Highway Patrol (CHP) statistics, 108 people were arrested for DUI in Los Angeles County over New Year’s Eve (from 6:01 PM on 12/31/09 through 6 AM on 01/01/2010). In 2009 — one year ago — only 430 people were arrested. These trends were statewide. In 2009, 430 people were arrested in all of California for driving over the influence on New Year’s Eve; in 2010, 527 people were busted.

But although state arrest numbers went up by 97, crash fatality numbers went way down. In 2009, 11 people died on California’s freeways on New Year’s Eve; in 2010, only six died.

The New Year’s Eve arrests followed on the heels of a statewide campaign to crack down on driving under the influence in Southern California and Northern California. As of December 28, 2009, over 1,400 people had been snagged in L.A. County alone for DUI violations. And over the Christmas holiday weekend, the CHP arrested over 200 people in LA for driving under the influence.

CHP officials have trumpeted these numbers as evidence that their statewide crackdown saved lives and kept California roads safer.

When CHP agents arrest people for driving under the influence in Long Beach, what precisely does that mean, legally speaking? California Vehicle Code Sections 23152 (a) and 23152 (b) spell out precisely what constitutes a DUI in Southern California. Section 23152 (a) stipulates that a driver operating a car, truck or other motor vehicle on state roads while under the influence of alcohol or drugs can be subject to arrest; if convicted, he or she will face an array of unpleasant punishments, which can include driver’s license suspension, jail time, court costs and fines, points on a driver’s license, and now — as of 01/01/2010 — a mandatory installation of an interlock ignition device (IID) even for first time Long Beach or Glendale DUI offenders.

Section 23152 (b) stipulates that it is illegal to operate a motor vehicle if your blood alcohol concentration is above 0.08%.

Crafting a methodical and proper legal defense to charges of driving under the influence in Long Beach (or elsewhere in Southern California) can prove immensely challenging, even if the facts are on your side.

December 23, 2009

Former “Apprentice” Contestant Busted for Southern California DUI

by Michael Kraut

Heidi Androl, a former contestant on Donald Trump’s realty show “The Apprentice,” was arrested Monday December 7 for a Southern California DUI on the 105 Freeway. The gossip website TMZ.com reported that Androl had been partying at Club Nokia (in honor of Luc Robitaille) prior to her arrest. She was reportedly going 35 mph — significantly under the speed limit — prompting an anonymous citizen to call the police. The CHP subjected her to roadside sobriety tests, which she allegedly failed.

What typical Southern California roadside sobriety tests do CHP officers employ on suspect drivers like Androl? Here’s a quick primer on the popular tests:

1. Horizontal gaze nystagmus test

This eye exam is often the first test an officer will use on an individual suspected of driving under the influence in Los Angeles. An eyeball typically “jerks” as it tracks a moving object, like a flashlight. Theoretically, a police officer can estimate impairment based on the angle of this jerk. But the science underlying this test is flimsy.

2. Coordination tests

These include:

a. one-leg stand test
b. walk the line test
c. finger to the nose test
d. Rhomberg test (in which a suspect leans his head back and counts up to 30.)

If the driver loses his balance, demonstrates poor reaction time, or shows a general lack of coordination, the officer might have reason to suspect Long Beach DUI.

3. Subjective evaluations

Independent of the field sobriety tests (FSTs) administered, an officer may arrest a suspect based on intuition. Fortunately for defendants, an officer’s “gut feeling” won’t likely be admissible as serious evidence in court.

December 21, 2009

Nine More Most Talked about Celebrity and Southern California DUI Arrests in 2009 (Part II: July through December)

by Michael Kraut

The last six months of 2009 saw a plethora of Southern California DUI arrests, and many of the entertainment industry’s most well known players fell victim. Let’s take a closer look at some of the headline grabbing celebrity DUI arrests in 2009.

9. Pamela Bach — as reported in our December 2nd entry, the ex-wife of Baywatch superstar David Hasselhoff was pulled over on the 101 freeway for DUI just around two weeks ago with a BAC of around 0.14%. According to reports, she had a previous track record for DUI (arrest in 2007), and she posted a $15,000 bail.

8. Thomas Dekker — the 21-year-old star of Terminator: The Sarah Connor Chronicles was busted back in late October for driving under the influence in Southern California and injuring a bicyclist. His bail was set at a whopping $100,000.

7. Ronald Belisario — On August 27, the Dodgers reliever was pulled over by the CHP not only for driving under the influence but also for talking on his cell phone while driving. Ironically, the pitcher had literally just thrown a star relief performance to help the Dodgers nail down a win against the Seattle Mariners.

6. Jeffrey Donovan — the star of the USA Network series Burn Notice was booked on July 12 for DUI after nearly smashing into a police car in his 2009 Audi. After failing a roadside sobriety test, Donovan posted a $1,000 bail.

5. Shayne Lamas — Lamas was pulled over on November 14th for a DUI in Los Angeles after failing a breathalyzer test by a wide margin. She was cited for a “wet reckless” charge, fined $300 and ordered to be on probation for three years.

4. Stephanie Pratt — the 23-year old star of the The Hills was busted back in early November for DUI in Burbank after partying at a club called Empire. She made a $5,000 bail. Pratt had previously been arrested for driving under the influence back in 2006 in Hawaii.

3. Brawley Nolte — on October 7, the son of Nick Nolte (who himself was arrested for driving under the influence in Southern California back in 2002) was pulled over in Santa Monica and arrested not only for DUI but also for hitting another car. Brawley failed a roadside sobriety test and had to pay a bail of $5,000.

2. Roderick George Toombs — the WWF superstar formerly known as Rowdy Roddy Piper was arrested in the beginning of July in Hollywood for driving under the influence. The erstwhile nemesis of Hulk Hogan was released on a $5,000 bail.

1. Alexandra Kerry — in late November, the daughter of the US Senator and former Presidential candidate was pulled over for driving with a BAC level of 0.06%. Although the Los Angeles DUI charges were ultimately dismissed, Kerry did get cited for having an expired registration and had to pay a $5,000 bail.

BONUS: Artie Lang — Howard Stern’s longtime co-host was busted for driving under influence on July 10. Lang allegedly rammed into someone else’s 2004 Pontiac and was arrested on multiple charges.