DUI Chemical Test Refusal

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

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.

January 25, 2010

Former Hollywood DUI Defendant to Appear on Celebrity Rehab with Dr. Drew

by Michael Kraut

Musician Mike Starr — best known as the bass player for the ‘90s rock band Alice in Chains — and former Hollywood DUI defendant — is scheduled to appear on the second episode of VH1’s Celebrity Rehab with Dr. Drew. The reality series follows the journeys of eight different celebrities who are in treatment for drug and alcohol addiction recovery. This year’s series will follow the stories of (among others) tattooed basketball legend Dennis Rodman, Heidi Fleiss (the famed former Madame of Hollywood), and Kari Ann Peniche, a Miss United States Teen pageant winner.

Starr, 43, has been arrested multiple times for drug and alcohol violations in cities as far flung as Salt Lake City, L.A., Seattle, and Pasadena. In 1994, he was booked at a Houston airport for possession of narcotics. In September 28, 2008, he was pulled over for drug possession in Los Angeles. In 2005, Starr was arrested in Seattle for yanking the hood ornament off of a man’s car.

If you’re caught driving under the influence in Pasadena, what exactly happens to you? How do the police know whether or not you’re over the legal limit?

One method the police use to determine your blood alcohol content (BAC) level is the blood test. Whether you’re arrested for DUI in Pasadena, DUI in Hollywood, or DUI anywhere else in Southern California, the blood test must be administered in a very precise manner. First, a sample is taken from the vein of the suspect. Then a qualified technician must ID it and transport it for further testing. The results must then be reported and interpreted. The blood sample is mixed with certain chemicals to prevent clotting, and police can choose from one of three acceptable methods to test BAC concentration.

Are blood tests always right?

Like breathalyzer tests, blood tests can yield what are known as false positives — that is, they can give a reading above the CA legal limit of 0.08% even if a suspect was actually BELOW that number.

Unfortunately, many Pasadena DUI suspects do not realize how fallible these tests can be. At any number of nodes in the process, problems can occur that can skew results and lead to false positives. For instance:
• sample is not kept sterile;
• the preservative chemical mixture is improperly mixed;
• the sample is not refrigerated correctly or kept at the right temperature;
• the person who takes the blood sample does not have proper training or licensing;
• the alcohol used on the skin to sterilize contaminates the sample;
• the police mix up samples or improperly interpret results
So how can you prevent a false positive from getting you convicted of DUI in Pasadena? Your best bet is almost always to solicit the services of a trial-proven attorney who specializes in DUI defense.

October 21, 2009

Montana Senator Hit with Felony Charges For Boating Under the Influence — Case May Merit More News Coverage than Even Many Celebrity Southern California DUI Matters

by Michael Kraut

It’s a case that rivals a celebrity Los Angeles DUI escapade — and it took place in Montana, of all places. At the center of the storm is Senator Greg Barkus (R- Montana) who, on the night of August 7th, allegedly drove a boat into a rocky coastline at speeds approaching 45 miles per hour.

Senator Barkus (along with his wife, fellow Congressman Denny Rehberg, and two staffers) were all hurt in the accident. Prosecutors have revealed that Senator Barkus’ blood sample tested at 0.16 percent nearly two hours after the crash occurred. That’s twice Montana’s legal limit for driving (0.08 percent). The senator has been tagged for DUI previously. In 2004, he pled guilty to driving under the influence in the city of Polson, Montana.

If convicted of felony charges against him, the senator could face up to ten years in prison — for each of the three charges — and he could face tens or thousands of dollars worth of fines. He is due to appear in Flathead District Court in Montana on October 22nd for his arraignment.

As a veteran Southern California DUI defense attorney would likely have told the senator, building a rock-ribbed legal defense in a case as complex and public as this requires careful investigation. For instance, a deep analysis might lead the senator to challenge the validity of the results of his blood test. (According to a report in The Billings Gazette, the senator’s passengers did not (at the time) believe him to be intoxicated. Another report revealed that a political rival (a Democrat state representative) ran the lab where the senator’s blood sample was first sent to be analyzed.)

Contrary to many people’s beliefs, blood tests often yield unclear or even biased results. Many factors can cause the test to indicate a higher BAC level than the subject actually might have had. For instance, the chemicals inside the test may have been expired or poorly preserved. The sample may have been misidentified, mishandled, mistested, misinterpreted, or stored improperly. Problems with sterility, refrigeration, and contamination can all influence results.

Of course, given that courts generally consider blood tests to be more reliable than breathalyzer and urine tests, it’s almost always a good idea to retain a top notch Southern California DUI attorney to assist with your case. If you have been arrested and charged with DUI in Los Angeles, connect today with Attorney Michael Kraut of the Kraut Criminal & DUI Lawyers. Attorney Kraut is a Harvard Law School grad and a former LA District Attorney with a tremendous track record. Since he once prosecuted DUI cases for a living, he understands better than most how to shore up potentially shaky defenses and aggressively battle back.