DUI Consequences

October 5, 2015

Five Times the Legal Limit for DUI Driver (a Police Officer): What Happens Next?

Police officers see all kinds of BAC numbers when they arrest people for DUI in Los Angeles. But officers don’t often come across a person whose BAC measures five times the legal limit–especially when the driver turns out to be another policeman.
Newspaper accounts say that Officer John Finley of the New York Police Department is lucky to be alive after an accident in which alcohol contributed. Back on August 8th, Finley slammed into a guardrail on the West Shore Expressway on Staten Island. He suffered head injuries, but they weren’t life-threatening. He was even conscious enough to talk, although witnesses reported that Finley—perhaps unsurprisingly, given his charges–slurred his words.

John Finley From: https://www.facebook.com/search/str/John%20Finley%20nypd/keywords_top

The police officers who worked the scene deferred DUI charges against Finley pending a review of his blood alcohol content levels. While they must have suspected something out of the ordinary, they probably didn’t expect that Finley’s BAC would measure at 0.43–more than five times the legal limit for driving. According to the New York Post, a 200-pound man would have to drink 23 beers (or the equivalent in other types of alcoholic beverages) in two hours to achieve that high a BAC score.

Just how impaired was Finley? The National Institute on Alcohol Abuse and Alcoholism has a chart on its website listing the different effects of various levels of alcohol in the bloodstream. In the range of 0.31 to 0.45 percent the impairments include loss of consciousness, danger of life-threatening alcohol poisoning and significant risk of death in most drinkers due to the suppression of vital life functions. In other words–Finley was fortunate not only to have survived his encounter with a guardrail but also to be alive at all.

Police eventually arrested Finley, a 25-year veteran on the force, on a charge of aggravated DUI.

If you need to develop a sound, systematic defense to a Los Angeles DUI charge, call experienced Los Angeles DUI defense lawyer, Michael Kraut, of the Kraut Criminal & DUI Lawyers.

September 30, 2015

Taking Care of Young Children After You’ve Been Arrested for Los Angeles DUI

by Michael Kraut

Many people have a cartoonish view of what a Los Angeles DUI defendant looks like.

Obviously, driving under the influence – or even close to under the influence – is dangerous business, and it can (and does) lead to thousands of death and countless injuries and traumas every year. However, DUI defendants are people too – people with jobs, lives and families.

What happens if police arrest you for this crime, but you need to take care of young children?

September 28, 2015

The Very First Time You Get Behind the Wheel After a Los Angeles DUI Arrest

by Michael Kraut

Before your arrest for Los Angeles DUI, you probably never gave much thought to getting behind the wheel – what it would be like to pull out of your driveway, tool down Olympic Blvd., and park your car in a parking garage after muscling through traffic on the 405.

But whether police stopped you hours ago on Sawtelle at a checkpoint, or you crashed on the 10 and hurt yourself and a passenger, you now have a very new perspective. So what might it be like the next time you get behind the wheel? And what can you do to make that experience better? Here are some things to think about.

1. It might be a long, long time before you get the chance.

An automatic license suspension, pursuant to California Vehicle Code Section 23152 or 23153 (if you injured someone), could prevent you from driving for six months, a year or even longer.

2. You might need to blow into an ignition device to start the car.

Several years ago, Los Angeles and other jurisdictions imposed a mandatory interlock ignition device (IID) element, which compels those convicted for even first time DUIs to install one of these devices. You can’t start your car without blowing a sober breath into the machine (like a breathalyzer device). IIDs can also be expensive to install and maintain.

3. You may have strange feelings, such as anxiety or fear, even if you are driving perfectly normally, and you are totally sober.

Standard DUI stops are known to cause post-traumatic stress syndrome. That said, the moment of your arrest is probably seared into your brain. It’s not uncommon for drivers convicted of DUI (or just arrested for DUI who later get the charges dismissed) to experience awkwardness and strange moments of depression and anxiety behind the wheel.

To understand what to do to fight back against your charges, call Los Angeles DUI defense lawyer, Michael Kraut of Kraut Criminal & DUI Lawyers. As a former (and highly successful) Deputy District Attorney, Mr. Kraut has fought on behalf of defendants like you for nearly 20 years.

September 25, 2015

Dumb DUI Moves

by Michael Kraut

The last thing drivers arrested for a DUI in Los Angeles want to do is call attention to themselves; they don’t want friends, family or employers to know what’s happened. But stories about DUI incidents get a lot more play in the news media when they are out of the ordinary. Here are a few unusual stories that made local headlines.

The Chicago Tribune reported on 28-year-old Jeremy Walsh, who went into a grocery store, opened and chugged a bottle of vodka, left the store without paying for the liquor and then drove away. Officers called to assist observed Walsh’s vehicle crossing over the double yellow line on one of the roads in Naperville, Illinois. Walsh gave a false name and wouldn’t take a breathalyzer test or a field sobriety test. Police charged him with DUI, retail theft, driving without a license and obstructing identification. (Walsh really should have maintained a lower profile. After police arrested him, they found that the Kane County sheriff’s office already wanted him because he failed to appear at a court hearing on reckless driving and speeding charges.)

Then there’s Tara Monroe, a 20-year-old junior at Texas State University. After Monroe refused to take a breathalyzer test on her way home from a concert, her father came to campus and repossessed her car. Monroe’s solution—which gained national news attention—was to buy a kid-size, hot pink Barbie car to tool around campus. At least she can’t speed; the pink Barbie car doesn’t move above 5 miles per hour.

North Carolina resident Patrick Mercer, 29, made headlines when he taunted Tennessee police on Facebook. After Tennessee police posted photos of people wanted on outstanding domestic violence warrants, Mercer responded that he was in North Carolina and the police should come and get him. They did. Mercer ended up in jail charged not only with domestic assault but also with DUI, reckless driving, theft and harassment.

Designing and executing an effective defense against DUI charges (even simple ones) is not intuitive. Fortunately, you can trust the seasoned, highly successful Michael Kraut. Call a DUI lawyer in Los Angeles with nearly two decades of experience.

September 21, 2015

Missing Tires Result in DUI Arrests

by Michael Kraut

Note to drivers who want to avoid an arrest for a DUI in Los Angeles: Try to make sure that your vehicle has all its parts before you get on the road. A lack of important features—like tires–are a dead giveaway that you may not be operating at peak performance.

In Libertyville, Illinois, on September 5th, police arrested 20-year-old Lizette Diaz, who was driving a vehicle with no front tires. According to the Libertyville Patch, Diaz was making a U-turn and the wheel wells of her vehicle were dragging on the ground. Charges against Diaz included DUI, operating a vehicle with unsafe equipment, improper lane usage and driving an uninsured motor vehicle.

September was a busy month for driving under the influence and without tires. In San Antonio, Texas, Flor Rios headed to the nearby drive-through lane of a Whataburger fast food restaurant. But she had apparently forgotten that her SUV was missing a front tire. Police pulled her over and discovered an open container of beer in the vehicle. When they took her to the hospital to get a BAC blood test, Rios attacked the person trying to draw her blood. Officers eventually charged her with DUI and harassment of a public officer.

Police in Owatonna, Minnesota probably did a double-take before they picked up 33-year-old Bethany Brogan on DUI charges. Brogan was traveling in her car on Cedar Avenue with the right front tire detached and rolling alongside. When officers caught up with her, they discovered she smelled like alcohol and found an open alcohol container inside her car. Her blood alcohol content came back at .283, more than three times the legal limit.

In Levittown, Pennsylvania, it took several police cars to catch up with Rodney Kolison, whose Mitsubishi Gallant had only three tires. Officers said Kolison admitted that he had smoked marijuana earlier in the day.

How should you respond to your recent and disarming charges? Call a qualified Los Angeles DUI defense lawyer (and ex-prosecutor) with nearly two decades of relevant legal experience.

September 16, 2015

Drivers Attempt to Evade DUI Charges

by Michael Kraut

When it comes to DUI arrests, many drivers would like to avoid the consequences of their actions. Facing charges of DUI in Los Angeles, they may try to flee the scene (usually unsuccessfully) or find some alternate explanation for a crash.

Take the case of a 38-year-old, who lives in Kodiak, Alaska. He called police on a Sunday evening not long ago to report that thieves had taken his car. But just about that time, police officers also received a report of a vehicle hitting a power pole. Not so coincidentally, the accident took place on the street where he lived.

The police concluded that his Ford pickup hadn’t been stolen and determined that the driver himself had made up the story after crashing the vehicle. The police ended up charging the driver with DUI, making a false report and failure to notify police immediately after an accident.

But not everyone tries to lie their way out of a DUI. An unidentified man in Allegan County, Michigan, took one look at police trying to pull him over and decided not to stick around to talk with them. He sped off along a local highway, eventually making a sharp turn into a parking lot. Once there, he refused to get out of his vehicle.

As officers were trying to pry him loose from the car, they noticed open containers of alcohol in the vehicle. They measured the man’s blood alcohol content and discovered it was .22, almost three times the legal limit for driving, which is .08 percent. So the unknown motorist ended up in jail, charged with DUI. Because his BAC was so high, he fits Michigan’s “super drunk” criteria, meaning he could face harsher penalties if convicted.

Los Angeles DUI defense lawyer, Michael Kraut, of the Kraut Criminal & DUI Lawyers is standing by to offer critical insight into your case and potential defense options. Call him and his team today to begin regaining control over your case and your life.

September 7, 2015

Manhattan DUI Driver Was No Real Friend

by Michael Kraut

You may remember the old public service campaign from the Ad Council that stated “Friends Don’t Let Friends Drive Drunk.” A recent story from the Hamptons–the New York playground of the rich and famous–suggests an addendum to that saying: “Friends don’t drive off leaving friends lying in the road after a DUI accident.” That’s not something that cops see every day, no matter how many Los Angeles DUI incidents they handle.

The purported friends in this case were 42-year old Manhattan real estate developer Sean Ludwick and 53-year-old real estate agent Paul Hansen. Ludwig was driving his Porsche around on 2 a.m. Sunday, August 30th, with Hansen a passenger in the car. Ludwick crashed the vehicle into a utility pole in Sag Harbor, on a corner not far from the front of Hansen’s family home. The accident ejected Hansen from the car, but instead of staying to assist him (and face police), Ludwig allegedly took off, leaving Hansen’s body in the road.

(It couldn’t have been an easy trip; according to the New York Post, the Porsche had two flat tires and other damages.)
The police caught up with Ludwick about a quarter mile away. They retraced his route and found the accident scene and Hansen’s body.

Police arrested Ludwig and charged him with DWI and leaving the scene of an accident. His bond, initially set at $500,000, is now $1 million since prosecutors have argued that he could be a flight risk. Ludwig may eventually face charges of vehicular homicide.

Ludwig has had problems with the law before. Earlier this year, he pled guilty to assault and battery charges for hitting his girlfriend and for destruction of property for ripping her phone out of the wall. He broke into another ex-girlfriend’s apartment and destroyed artwork he had painted for her.

Respond strategically to your arrest and charges by calling a former Senior Deputy D.A. and highly successful Los Angeles DUI defense attorney with the Kraut Criminal & DUI Lawyers today for a complimentary consultation.

August 31, 2015

Identifying the Trigger that Sparked the Decision That Landed You with a Los Angeles DUI Arrest

by Michael Kraut

As you ruminate about your recent Los Angeles DUI arrest, you might be tempted to “beat yourself up” or get angry with the police who stopped you. But in the interest of being constructive – you want to solve your current problems and prevent future ones as opposed to just wringing your hands – consider doing this following exercise.

First of all, identify the moment in time where you made the mistake that landed you in hot water.

Even if you believe that the police stopped you in error and that you “did nothing wrong,” replay the events of the day or evening. Aim to figure out what, if anything, you could have done better. For instance, maybe you made an impulsive decision to drive home instead of taking an Uber. Maybe you had a fourth glass of wine because everyone else was drinking, too. Try to get as specific as possible, and then write that moment down.

Next, try to figure out what triggered that mistake.

Perhaps, for instance, you wanted to drive your car instead of taking an Uber because you didn’t want to face the inconvenience of having to take a cab to work the next day. Perhaps you had the fourth glass of wine because you really wanted to fit in.

Finally, fix the root cause of your behavior, so you won’t get in trouble again.

For instance, if you didn’t call Uber because of the inconvenience; the next time you go out, plan ahead before you party.

To respond effectively to your charges, call a qualified Los Angeles DUI lawyer with the Kraut Criminal & DUI Lawyers today to schedule a free consultation.

August 26, 2015

How to Break the News of Your Los Angeles DUI to Your Boss [5 Strategies]

by Michael Kraut

Perhaps even more scary than contemplating going to jail for your recent Los Angeles DUI charge or facing the prospect of walking two miles to and from Trader Joe’s to get your groceries every week for the next year is the specter of having to confess the DUI to your boss.

It’s no secret that the cost of living in Los Angeles is crazy high (although, fortunately, not as wild as the cost of living in cities like New York and San Francisco). Moral is: you need a solid income stream to support your family and larger ambitions.

So you don’t want to lose your job – particularly for a momentary lapse of judgment that you had outside of work. However, if your employer does learn about the DUI – in particular, learns about it in the wrong way – you could face seriou repercussions at work. Here are some tips for how to move forward.

1. Before you chat about your case with other people (including your boss as well as friends and family members), get insight from an experienced Los Angeles DUI defense attorney.

Your attorney help you figure out how to break the news and get the ball rolling on an accurate and sound defense strategy.

2. Don’t beat around the bush.

Stick to the facts when you have the conversation – assuming your attorney says it’s wise to do so – and avoid getting into emotions or embellishment. Just say what happened, say what you are doing now, and be business-like about it.

3. Avoid letting your boss find out about the arrest from a co-worker or from the news, if possible.

4. Be empathetic to the boss’s response.

Depending on your relationship and what happened during your DUI, your boss may get extremely angry or sad or some other reaction. Avoid taking her reaction personally. Try to understand what’s going on in her head and heart. For instance, perhaps she is disappointed, because she’s just worried that you may lose your license and thus not be able to get to work on time. Perhaps this news raises trust issues with her. Reflect these concerns without admitting anything on your part. Be a mirror.

5. Learn appropriate lessons, and make a constructive plan going forward.

For instance, let’s say that your license suspension prevents you from going to work easily – or delays you an hour a day. So be it. Work with your employer and colleagues to develop a work around as you manage the license suspension.

Respond strategically to your arrest and charges by calling a former Senior Deputy D.A. and highly successful Los Angeles DUI defense attorney with the Kraut Criminal & DUI Lawyers today for a complimentary consultation.

August 24, 2015

3 Reasons Why the Hot Summer Months Compound the Dangers of Driving DUI in Los Angeles

by Michael Kraut

Driving DUI in Los Angeles can result in a veritable smorgasbord of problems — legal, personal, financial and even emotional. These might include license suspension, forced installation of an interlock ignition device in your car, jail time, rising insurance costs, loss of employment (because you no longer have a car to drive to work), feelings of depression and doubt, legal and court fees, and so forth.

The hot and sultry months of summer in Southern California can actually exacerbate both the dangers of driving DUI and the after effects of an arrest. Here are 3 reasons why:

1. Commuting without air conditioning in the summer can drain your energy and put you at health risks.

Traveling in an un-air-conditioned vehicle (or going by foot or by bicycle) can expose you to the elements, which can be quite uncomfortable on days when it crests 100 in the Valley and can put vulnerable individuals at risk for dehydration and heat stroke.

2. During the summer, more kids are out of school; thus, more party-going teens are driving on freeways and surface streets.

Obviously, it’s dangerous to drive DUI. But it’s even *more* risky to do so when other drivers on the road are also engaging in wild behaviors or activities. For instance, it’s safer to be the only crazy car on a road full of defensive, sober, attentive drivers than it is to drive DUI on a road filled with kids on summer vacation who are on their phones and drinking and doing who else knows what else.

3. The long days of summer can trick you in thinking that you are not as tired as you actually are.

In Los Angeles, the difference in the length of days between summer and winter is not as severe as it is in more northern latitudes. However, the lengthy days can lead us to feel alert when we are really actually pretty exhausted. If the sun is still beaming at us at 7:30 at night, we might subconsciously think “it’s day time,” even though our bodies are exhausted. Unrecognized fatigue can compound the dangers of DUI driving plus increase risk of things like accidents and bad judgment after a stop.

Do you need help defending against a serious charge? Call a qualified Los Angeles DUI defense attorney with the Kraut Criminal & DUI Lawyers immediately.