Driving Under the Influence of Alcohol

December 28, 2015

Must Read, Jaw Dropping DUI Stories from 2015

Unfortunately, crazy DUI stories span every state and continent, and the impact of driving while under the influence of drugs and alcohol affects all ages, genders, ethnicities, and religions. Here are three more of the most astonishing DUI stories 2015 had to offer:

1. Woman drives into the homecoming parade. In Oklahoma last October, Adacia Chambers drove into an Oklahoma State University parade crowd. She killed three adults and one 2-year old and injured 47 more. The 25-year-old faces four counts of second-degree murder and 46 charges of felony assault. She could face life in prison if convicted on all counts. While alcohol was not a factor, she allegedly had been driving under the influence of drugs.

December 21, 2015

Police Chief Calls for Tougher DUI Penalties After Officer’s Death

by Michael Kraut

The most devastating cases of DUI in Los Angeles involve the deaths of innocent bystanders. Every day, DUI drivers throughout the U.S. kill other motorists and pedestrians who have simply been in the wrong place at the wrong time.

Police officers, especially those working on traffic or DUI patrols, face even greater risks. They’re often the targets of DUI drivers who accidentally (or sometimes on purpose) run them down.

One of the most recent incidents involves a young, 24-year-old officer in Montgomery County, Maryland. Officer Noah Leotta, who had been with the department just two and a half years, tried to pull over Luis Gustavo Reluzco for a traffic stop. But Reluzco hit the officer instead, forcing him to the ground and causing a severe head injury. Leotta’s parents eventually had to make the heartbreaking decision to remove their son from life support. Leotta died on December 9, just six days after receiving his injuries.

December 18, 2015

Could Hawaii DUI Ruling Signal Changes in Other States’ DUI Laws?

by Michael Kraut

Have you been convicted of a Los Angeles DUI based on a breathalyzer test that you took only because you didn’t want to lose your license? You may be particularly interested in a recent decision by the Hawaii Supreme Court, which ruled that the state’s “implied consent” laws regarding BAC tests are unconstitutional.

In the case of the State of Hawaii vs. Yong Shik Won, the justices found that officers had coerced Won into taking the test. He originally refused but changed his mind when police had him sign an implied consent form that stated under Hawaii law he must take a breathalyzer test or face 30 days in prison and a $1,000 fine. Won took the test, which resulted in his DUI conviction.
Won appealed his conviction based on the fact that officers had not read him his rights before administering the BAC. His attorneys argued that this was a warrantless search, and that under Hawaii’s constitution the state cannot compel someone to submit to a search when consent was gained “by explicit or implicit coercion, implied threat or covert force.”

December 14, 2015

DUI Arrests in Los Angeles Drop But Fatalities Up in 2015

by Michael Kraut

While police are making fewer arrests for DUI in Los Angeles and the rest of the state, they’ve been seeing more deaths as a result of DUI-related accidents.

The Sacramento Bee took a look at California’s DUI statistics from 2013 (the latest figures available from the state) and compared them with results from previous years. It found that the number of DUI arrests had declined from 188, 327 in 1998 to 160,388 in 2013. The rate of DUI arrests decreased from 908 per 100,000 licensed drivers in 1998 to 651 per 100,000 licensed drivers.
That’s the good news. But there is a downside. The Bee analysis found that while there were 1,417 motor vehicle deaths related to drugs and alcohol in 2010, that number increased to 1,699 in 2013.

San Francisco had the smallest rate of DUI arrests in 2013, with a rate of just 2.5 percent per 1,000 drivers. But if you want to avoid sharing the road with a driver under the influence of drugs or alcohol, steer clear of Inyo County, where they have a DUI arrest rate of 16.3 percent.

December 9, 2015

Lack of Front Tires Gives DUI Driver Away

by Michael Kraut

Note to drivers who want to overindulge and drive anyway: If you are trying to avoid getting nabbed on a Los Angeles DUI charge, make sure that all the important parts of your vehicle are intact before you head down the road. If police spot you driving a vehicle without some vital part—like, say, front tires(!!)—they just may get suspicious and pull you over.

To wit, Fox 32 in Chicago recently reported about the arrest of Marco A. Nieves, who hails from the northwest side of the Windy City. A police officer in the suburb of Riverside spotted Nieves around 4 a.m. on the morning of November 29th. Nieve’s car had heavy front-end damage and was missing the two front tires. Although Nieves allegedly had been traveling slowly, the metal rims of the car were throwing sparks.

When the officer pulled Nieves over, the 46-year-old reported, in slurred speech, that he had been in an accident. Blood on his shirt seemed to confirm the story. Police, noting his glassy eyes and the strong smell of alcohol on his breath, gave him several field sobriety tests, which he allegedly failed. Nieves refused to take a breathalyzer test, however.

November 30, 2015

The Worst Time to Get a Los Angeles DUI Charge: Christmas Eve

by Michael Kraut

As Black Friday recedes and Christmas rapidly approaches, Los Angeles DUI attorneys and law enforcement are bracing for a predictable but tragic escalation in the number of DUI arrests here in the southland.

Every year, as we’ve discussed numerous times, Angelinos (and others) find themselves arrested disproportionately during the holiday season. The best theory suggests that this uptick in arrests has to do with holiday revelry.

Here in Los Angeles, we are at least fortunate and that the roads don’t get covered with snow, ice and sleet during the holidays, although forecasters say that we might find ourselves doused with a rain shower or ten thanks to El Nino, and that can certainly make driving more treacherous.

November 16, 2015

Gotten Multiple Los Angeles DUI Arrests? How to Make Sure 2016 is “DUI Free”

by Michael Kraut

As the year winds towards the holidays, and you look back on 2015, you have to admit that this one wasn’t exactly your best. Your Los Angeles DUI arrest, in some sense, was the tip of the iceberg. Maybe you faced rejection at work or financial problems. Perhaps you had a big issue with a personal relationship or suffered a health setback that led you to take refuge in the bottle or in some other compulsive activity.

2015 is a year you would like to forget.

That said, you want to take away valuable lessons from what happened to avoid repeating mistakes going forward. In our society, we are taught to pay attention to our neighbors and friends — to measure our progress in relation to what others do. But it’s more accurate (not to mention more resourceful and compassionate) to measure our progress based our OWN past experiences.

To that end, let’s unpack your year. Ponder the following questions:

November 6, 2015

Was Your Los Angeles DUI Arrest a Freak Occurrence or a Symptom of a Deeper Problem?

by Michael Kraut

Garrison Keillor of Prairie Home Companion famously quipped about the town of Lake Wobegon, “where all the women are strong, all the men are good-looking, and all the children are above average.”

This notion – that we all think that we are special – has pretty profound implications for your Los Angeles DUI defense.

Obviously, no two DUIs are exactly alike, and many factors might particularly distinguish your arrest from the pack. But rather than think that you are a unique defendant, it might help to take the opposite approach – to begin with the assumption that your case is standard.

November 6, 2015

Lessons from California’s Big Drought for Los Angeles DUI Defendants

by Michael Kraut

Even if you’ve been consumed by concern over a recent Los Angeles DUI arrest, you’ve no doubt at least been aware of the hand wringing and impassioned discussion about California’s epic drought and the impact that it will have on industry, communities and homeowners.

Despite California’s implementation of water conservation measures, many engineers worry that, with our reservoirs running low and longer concerns about climate change adding uncertainty to the mix, water planning challenges will abound for some time.

Will the drought subside as El Nino surges in the Pacific?
Will we continue to deplete our aquifers until we are forced to take extreme measures, like cutting off water to almond farmers or forcibly desalinizing the Pacific to keep our cities hydrated?

October 28, 2015

The Day Before Thanksgiving: Why It’s Such a Dangerous Time for Los Angeles DUIs

by Michael Kraut

As the holiday season approaches, most people are looking forward to Thanksgiving turkey, Christmas presents and 2016 fireworks. But a small percentage of people will face unpleasant surprises, such as Los Angeles DUI arrests. Believe it or not, DUI arrests are not spread out evenly throughout the year. Some days are actually more dangerous for DUIs than others.

Statistical analyses have revealed, for instance, that major national holidays, such Memorial Day weekend, Labor Day weekend, the 4th of July, Super Bowl Sunday and New Year’s Eve tend to be more dangerous than average days. In a recent post, we talked about confounders that make easy explanations for this phenomenon hard to identify.

(The “too long; didn’t read” of it is this: just because you notice an ASSOCIATION between two variables — holidays and DUI arrests, for instance — doesn’t mean that you can know what CAUSES what.)

In any event, these analyses, for whatever reason, show that the day before Thanksgiving tends to be a particularly dangerous time. Thanksgiving is also dangerous, but it’s not as dangerous as the eve of Thanksgiving.

Why is this?

One theory is that college students home for break often spend the night before Thanksgiving out with friends, partying. During Thanksgiving, they stay at home with their families and eat and drink inside. But the night before, they go out to bars. Although parents don’t want to hear this, statistics show that children who go off to college often experiment with alcohol and drugs in a fairly predictable manner, even though it’s illegal for minors to do so.

Driving DUI under any circumstances can get you into serious trouble, leading to license suspension, hikes on your insurance rates, and jail time. But driving under the influence while under the age of 21 can lead to special punishments, and the legal system is less lenient. For instance, a minor stopped with a BAC of just 0.05% could lose her license, even though that BAC would be under the legal limit for an adult.

The experienced Los Angeles DUI defense attorneys at the Kraut Criminal & DUI Lawyers would love to learn more about what you are going through and help you develop a sound strategic plan.