DUI Consequences

November 15, 2013

Breaking Beverly Hills DUI News: Are Designated Drivers Unreliable?

To prevent a Beverly Hills DUI arrest, you should rely on designated drivers. Right?

That’s the conventional wisdom.

But a new study out of the University of Florida in Gainesville is putting that conventional wisdom to the test. According to a June 10th article at LiveScience.com, “roughly 40% of designated drivers still imbibe when they go out, many to a level that would impair them behind the wheel.”

Researchers surveyed club goers in a college town. They gave breath tests to over 1,000 people, including 165 people who labeled themselves “designated drivers.” They tested these people twice – once at 10 P.M and once at 2:30 A.M. 40% – that’s 4 out of 10! – of the so-called designated drivers drank. 70% of these people had BACs of between 0.02% and 0.049%. 18% – nearly a fifth of all designated drivers — had BAC levels in excess of 0.05%.

As regular readers of this Beverly Hills DUI blog might remember, that 0.05% figure has been in the news a lot recently. The National Transportation Safety Board (NTSB) wants to lower the DUI cut-off down to 0.05%. (Currently, the Southern California DUI cut off is still at 0.08% for most adults).

Adam Barry, an Assistant Professor of Health Education, helped run this study. He told reporters that many designated drivers probably think that they’re all right to hop behind the wheel… even when they shouldn’t. Barry issued a sobering statement: “if you’re going to be a designated driver, you should abstain from alcohol use completely.”

That may be easier said and done. But if you’ve already been arrested for driving under the influence in Beverly Hills, what can you do now to contend with your charges and make better decisions about your future?

Rather than relying on intuition or building your Beverly Hills DUI defense based on what you read on the web or hear from friends, connect with the team at the Kraut Criminal & DUI Lawyers to schedule a free and confidential consultation.

Attorney Michael Kraut is a Harvard Law School educated ex-prosecutor who has earned a reputation as an extremely experienced Los Angeles criminal defense attorney. He’s helped many clients just like you deal with complex DUI in Beverly Hills charges.

November 13, 2013

DUI Glendale Drama: Carol Doda, Legendary Stripper, Busted in a DUI Crash

by Michael Kraut

Getting into a Glendale DUI accident is awful, whether you are a PA, a big film executive… or even a legendary stripper.

76-year-old Carol Doda – who falls into that third category – got arrested a few weeks ago, when she smashed her Acura into another vehicle on Jackson Street in Northern California, outside of 5A5 Steak Lounge.

Doda was a topless performer in the 1960’s at the Condor Club in North Beach — widely considered to be the “world’s first topless bar.” In one of her most famous acts, engineers lowered Doda topless onto a piano by guy wires, her 44D breasts available for the whole crowd to see. By the end of the 1960s, Doda also performed bottomless.

Her charm and silicon enhanced bustline made her the object of much conversation and heated debate. Today, she owns Champagne & Lace Lingerie Boutique on San Francisco’s Union Street.

Getting back to Doda’s DUI… according to police reports, the Condor Club star smelled like alcohol and confessed to drinking “a couple of drinks” at a local bar before getting behind the wheel. “Smelling like alcohol” is a hallmark symptom of DUI in Glendale (and elsewhere). Other common symptoms include bloodshot/glassy eyes, trouble following directions, sudden mood shifts, inability to understand or answer officer questions, and failure to perform to field sobriety tests, like the “stand on one leg,” “count backwards by 3’s,” and “finger to the nose” tests. Police wanted to give Doda a field sobriety test, but they feared that she might slip and get injured. At Mission Station, officers tried to administer DUI blood and breath tests; Doda could barely understand their questions!

(If you refuse a Glendale DUI breath test or blood test, your license automatically gets suspended.)

While celebrity DUI cases can be titillating – and certainly interesting to read about – they can also inform the way you think about your own Glendale DUI defense.

The truth is no one is above the law. Whether you are a famous stripper, a hugely influential politician, a sport star or a mega A list actress, the laws of human biology – and the laws of Southern California DUI – still apply to you.

The question is: what should you do now?

Whether you stand accused of a serious felony, pursuant to California Vehicle Code Section 23153, or you “just” got busted for weaving in and out of lanes on the 134, look to an experienced Glendale DUI defense lawyer at the Kraut Criminal & DUI Lawyers for smart, capable, and compassionate assistance. Mr. Kraut is a Harvard Law School educated former prosecutor, who won a 99+% success rate at jury trials while working as a prosecutor. He maintains strong relationships with colleagues throughout the Southern California criminal defense system.

November 8, 2013

Beverly Hills DUI Lawyer Dilemma: What Happens When an Attorney Gets Busted for DUI… 4 Times?

by Michael Kraut

As you’re searching for a Beverly Hills DUI defense attorney, you’re probably under the impression that most lawyers who focus on criminal defense understand the law well enough to avoid trouble themselves.

Truth be told, most attorneys do behave quite well.

But not all.

Consider the bizarre case of Dan Doorakian, a high level attorney who practices in West Palm Beach, Florida… and who recently got busted for his fourth DUI arrest in four years. The 39-year-old Doorakian is desperately trying to avoid prison time. But local legal analysts believe that he may have a difficult time convincing Judge Marni Bryson to keep him out of jail.

Doorakian wants the judge to consider two months of inpatient rehab he served his to count as “jail time” for purposes of his sentencing. But an anonymous source told Gossip Extra, a local celebrity journalism magazine: “ultimately, he is facing time behind bars, but he is trying to find a way to stay out or just spend a few days there.”

Doorakian’s DUI was his second of the year. He got busted back in January 2013. Prior to that, he picked up two DUI arrests in 2009. He was found not guilty the first time but picked up a conviction for his second arrest and put on probation for a year.

The Takeaway for Your Beverly Hills DUI Defense

This case is disturbing for many reasons. The conventional wisdom suggests that, once you understand the consequences of Beverly Hills DUI driving, you’ll likely avoid breaking the law. But Doorakian’s situation shows that that’s not necessarily the case. In other words, you can have deep knowledge and understanding about what a DUI conviction entails… and STILL be unable to control your behavior.

That case also showcases that there are real limits to what any DUI defense attorney in Beverly Hills or elsewhere can do for you. The facts, ultimately, are the facts. You need to play the hand you’re dealt.

Fortunately, you’re not helpless either. An experienced Beverly Hills DUI defense attorney with the Kraut Criminal & DUI Lawyers would be happy to help you make sense of what’s gone wrong and develop a sound, effective response to your charges. Please call Attorney Kraut today to get insight into your legal situation. Mr. Kraut is a highly respected Harvard Law School educated ex-prosecutor who has helped many clients in complex cases get good results.

November 4, 2013

Glendale DUI Quiz: Which of These Three DUI Stories are True, Which are False?

by Michael Kraut

Now for another Glendale DUI “true or false” quiz. Here’s how it works. You read the synopsis of six stories that may or may not have happened. Try to guess which three stories are made up and which actually occurred in real life.

Here we go:

1. Only in China: 10 employees shove their boss’s vehicle home, after he gets too inebriated to drive.

If you think punishments for Glendale DUI are harsh, they’re nothing compared to what the country of China metes out. Not only do convicted offenders get steep fines, but they also can spend six months or longer in jail for first misdemeanor DUI offenses. In any event… 10 Chinese workers and their boss partied too hard at a restaurant. Soon, no one was sober enough to drive. So the boss convinced his workers to push his car all the way home. The journey took 45 minutes!

2. Woman who did not like the results of her breathalyzer bites off cop’s thumb.

A woman in Louisiana was displeased with the results on her breathalyzer, which found her to be over 2.5 times the legal limit for Glendale DUI (0.08% BAC). She exhibited her displeasure by mangling the thumb of the arresting officer with her teeth. She later told authorities that she was “confused” and thought he had actually instructed her to bite him. Two years after her arrest, she was sadly institutionalized.

3. A woman arrested for DUI had 23 cats in the car with her!

A Meriden, Connecticut woman was pulled over on I-95, when an officer saw her veer suddenly across three lanes of traffic. During her subsequent field sobriety test, officers heard strange noises coming from the car. Upon inspection, they found 23 different cats in her car. Only 5 of them were in cages. The rest were freely moving through the vehicle. Obviously, the woman was arrested on animal cruelty charges. But the big kicker is that she blew a 0.23 on her breath test – the same as the number of cats in her vehicle!

4. Vladimir Putin often purposefully drove drunk to “sharpen his driving skills.”

Former Russian leader, Vladimir Putin, is famous for his rigorous self-discipline and eccentric forms of self-improvement. The ex-KGB op taught himself to drive under the influence “just in case” he ever needed that skill. The former Russian President even had advisers videotape his performances so he could improve his response times.

5. Man shows up for driving test while insanely under the influence.

A man in Romania had his license suspended for two years for driving under the influence. When he returned to the Romanian version of the DMV to retest, the organizers saw him stumbling around. Officers gave him an alcohol test, which he promptly failed.

6. Mother and her boyfriend force 13-year-old to drive, because both adults were DUI.

A 32-year-old woman and her boyfriend downed tons of wine at a local pizzeria. Since both the mom and her boyfriend had multiple DUIs on their record, they forced the woman’s 13-year-old son to drive them home. The young man became confused and disoriented and started driving in the wrong way. But his mom and her boyfriend were too busy making out in the back seat to pay any heed.

If you need help with your Glendale DUI case, connect with the team at the Kraut Criminal & DUI Lawyers today for an insightful, useful free consultation.

ANSWER KEY:

1 (true); 2 (false); 3 (false); 4 (false); 5 (true); 6 (true)

November 1, 2013

Beverly Hills DUI Quiz: Are These Crazy DUI Stories Real or Made Up?

by Michael Kraut

Beverly Hills DUI stories have a reputation for being pretty outlandish. The real-life antics of movie stars like Lindsay Lohan and Mel Gibson – along with the strange, wild behavior that we’ve catalogued in hundreds of posts — speak to our weird collective proclivities.

Let’s test your mettle: try to figure out which DUI stories are true and which are false.

1. Son and both his parents all separately arrested for DUI on the same day.

A family in South Canterbury scored the ultimate DUI trifecta. The 15-year-old son got arrested at 12:15 a.m. for DUI, testing at nearly 3.5 times over the legal limit. Police took him to the station, where he called his mom. While on her way to the station to pick him up, the mom was stopped and busted for DUI (nearly twice the legal limit). She then called her husband, who came to get both offenders. The husband in turn was stopped and arrested for DUI!

2. 49-year-old Wisconsin woman called the police on herself after calling 911.

The dispatcher asked her if she was driving behind a DUI driver. She responded: “no, I am them.” BAC tests later showed that she had twice the legally acceptable amount of alcohol in her system.

3. Vermont man charged with DUI after letting his dog drive his pickup.

A 39-year-old farmer and dog trainer in rural Vermont rigged his truck so that his dog could operate the vehicle. Unfortunately, police spotted him “training” the dog on a rural road and found that the erstwhile owner had a BAC of nearly 0.20% — nearly three times the Beverly Hills DUI limit!

4. Woman claims that she couldn’t have been DUI because she is a “breatharian.”

Police in Arizona arrested a woman for driving under the influence – testing her to have a BAC of 0.12%. She denied the charges, claiming that she couldn’t have consumed alcohol, since she lives off of only air and sunlight. This bizarre “diet” – known as breatharianism — has a rich, chequered history going back thousands of years. (It’s obviously impossible, since the human body cannot survive for more than a few days without water or more than a few weeks without food). But the woman may have been the first breatharian ever arrested for DUI.

5. Student arrested for DUI while dressed as a breathalyzer test.

Irony alert! A student in Ohio got arrested for DUI while dressed as the very test that he later failed (he blew a 0.158% — nearly twice the Beverly Hills DUI limit). His costume different drunkenness levels including “boring,” “life of the party,” and “sotally tober.”

6. Police officer singlehandedly arrests 18 different people (in different cars!) for DUI.

In the outskirts of Dublin, an officer was tired of taking flak from patrons at a local pub.

Many people in the pub apparently knew the police officer since he was a child and didn’t respect his authority. To mess with them, nearly two dozen patrons decided to leave the pub at once (while DUI) and drive away. Rather than call back-up, the officer proceeded to find and ticket each one of the drivers.

If you need help deal with your Beverly Hills DUI case, connect with an experienced and highly respected attorney at the Kraut Criminal & DUI Lawyers for a free consultation.

ANSWER KEY:

1 (true); 2 (true); 3 (false); 4 (false); 5 (true); 6 (false)

October 28, 2013

Horrendous Hollywood DUI News: Barbara Walters’ Daughter Busted with 0.218% BAC

by Michael Kraut

Some breaking Hollywood DUI news.

Jacqueline Walters Danforth, the 44-year-old daughter of recently retired news anchor Barbara Walters, was recently arrested for DUI in Naples, Florida. According to reports from the New York Daily News and TMZ, Jacqueline and her boyfriend had been driving a Honda Pilot on the highway, when police stopped them for driving without their lights on.

Police described a volatile encounter with Jackie and her male passenger, who appeared to be extremely under the influence. As the police arrested the boyfriend, Jackie apparently “began shouting,” prompting the arresting officer to take action. In his report, he wrote “I was afraid the suspect might run into traffic on the highway, so she was taken to the ground due to her unpredictable behavior, and then secured in handcuffs.”

When the now 44-year-old was a teenager, she got into lots of trouble. She even appeared with her mom on several TV specials to discuss her issues, in the hopes that other parents and troubled kids could learn lessons.

Per the police report, Jackie’s breathalyzer test result was 0.218%. For those of you keeping score, that’s more than 2.5 times (!!) the limit for DUI in Hollywood or anywhere else in California. Shortly after her arrest, she paid her bond of $1000.

Jackie is Barbara Walters’ child with her second husband, Lee Guber. Walter, who discussed Jackie’s difficult childhood and substance abuse issues in her biography, just retired from TV journalism as the host of The View, after a 50-year broadcast career.

Lessons for Other Hollywood DUI Defendants
Being a child of privilege or celebrity does not inoculate you from stress, pain, and bad decision making. In fact, anecdotal evidence (at least) supports the idea that children brought up in the spotlight – i.e., kids who have extremely famous parents – face extra challenges and pressures that can lead to bad decisions and dangerous behavior.

Examples abound. Think about the high profile Los Angeles DUI arrests of people like Lindsay Lohan and Mel Gibson. Or consider the Los Angeles lewd conduct charges against famous grown up child stars, like Macaulay Culkin and Nick Stahl.

The point is that many people arrested for driving under the influence in Hollywood (or elsewhere) deserve kindness and help. Everyone experiences rough spots. And everyone deserves a chance to make amends.

The big question is: how do you do that, safely, ethically, and legally?

In other words, what should you do about your Hollywood DUI charges?

Every case is different. Fortunately, an experienced lawyer at the Kraut Criminal & DUI Lawyers can help you. Mr. Kraut is an ex-prosecutor (14 plus years as a Deputy District Attorney) who maintains close relationships with his ex-prosecutorial colleagues and judges. Connect with attorney Kraut today for insight and a free case evaluation.

October 25, 2013

Beverly Hills DUI Update: Amanda Bynes Not Fit To Stand Trial for Her Arrest, Claims Lawyer

by Michael Kraut

Many Beverly Hills DUI stories are tragic-comic tales of celebrities upstaged by their own hubris and overreach.

Millions of Americans like to ponder the odd behavior of divas like Lindsay Lohan and Britney Spears – as well as the atrocious rants and acts committed by the likes of celebrities like Mel Gibson.

But sometimes Hollywood DUI stories aren’t funny. They aren’t object lessons. They’re just plain tragic.

Such appears to be the case with actress Amanda Bynes, who was arrested last April in West Hollywood for driving under the influence. As our Beverly Hills DUI law blog (and many other sources) reported at the time, Bynes tweeted to President Obama asking for lenience in her case: “Hey, @BarackObama…please fire the cop who arrested me. I also don’t hit and run. The end.”

At the time, many chided Bynes for her behavior — they considered it just another example of a bubble gum actress/pop star gone bad. However, Bynes’s behavior continued to deteriorate – but not in a “normal” celebrity meltdown kind of way.

Earlier in the year, she was found lighting a fire in the driveway of Los Angeles home, and she was admitted to a psychiatric ward in July for treatment. The 27-year-old was due in court at the end of September for her DUI, but her lawyer said that she was mentally unfit to go to trial for her DUI, per California Penal Code 1368, which states “If counsel informs the court that he or she believes the defendant is, or may be, mentally incompetent, the court shall order that the question of the defendant’s mental competence is to be determined in a hearing.”

Bynes’ mother, Lynn, has applied to be her conservator, which would give her some legal rights over the actress. The Beverly Hills DUI criminal procedure against Bynes has been paused, while the justice system deliberates to determine whether she is competent to go to trial.

Can Bynes’ case teach us something about how to defend against Beverly Hills DUIs?

One of the interesting lessons here is that a DUI is often a symptom of larger and more complex problems in the life of the defendant.

Many Beverly Hills DUI defendants don’t really look at their DUIs in context. They just want to get out of trouble and get back to their regularly scheduled lives. But really they should see the DUI as a wake up call to get much needed help.

Fortunately, you can start the process effectively today by connecting with Beverly Hills DUI criminal defense lawyer, Michael Kraut, of the Kraut Criminal & DUI Lawyers. Mr. Kraut is an experienced ex-prosecutor who has the wherewithal and experience to get results for you.

October 21, 2013

Glendale DUI Cautionary Tale: Aldon Smith’s DUI Arrest and Legal Trouble

by Michael Kraut

Whether you got arrested for DUI in Glendale, after police stopped you for speeding on the 134, or police snagged you at a Pasadena DUI checkpoint near Old Town Pasadena, you’re facing a serious legal crisis.

Join the club.

Aldon Smith of the San Francisco 49ers also just got busted for driving under the influence in California, after he smashed his truck into a tree. While such an event would render many people unable to walk or engage in vigorous activity, Smith took to the field against the Colts just two days later… and made five tackles on the way to a 27 to 7 defeat.

Jed York, the CEO of the 49ers, said that the team had the right to play him, despite his DUI: “our opinion is, if you’re sitting someone down and paying them to sit down when they’re going to seek treatment in the future, we didn’t feel like that was an appropriate punishment. We’re not trying to circumvent what the NFL will do. This is about making sure that Aldon has the opportunity to work on something, to get better…”

Last season Smith had 19 1/2 sacks – a record for the 49ers, and the second most sacks in NFL. But he’s apparently equally aggressive on and off the gridiron.

• In 2012, Smith got into a car accident in Santa Clara County, and he sustained a deep cut on his face.
• In June 2012, Smith and Delanie Walker (also on the 49ers squad) allegedly got intoxicated at Smith’s house and shot guns into the air to stop their party. Unsurprisingly, in shooting off their guns in a crowded area, they allegedly hit a man, who later filed a lawsuit against Smith.

The NFL’s personal conduct policy takes a Glendale DUI violation (or DUI violation anywhere) extremely seriously. But since Smith’s case had not been adjudicated, he was allowed to play against the Colts. Following that game, however, he was put on the non-football-injury leave of absence list.

As we reported in a separate post on Jacoby Jones and Pacman Jones, NFL players have gotten into some horrendous legal turmoil recently. (To refresh your memory, Jacoby Jones got smashed over the head with a bottle of champion (by a stripper, no less!) on a party bus. Pacman Jones, meanwhile, got hit with DUI charges and mouthed off to the officer arresting him.)

But the mayhem is not restricted to the NFL. Taylor Olander, a UConn basketball hero, recently also got suspended, after police busted him for driving under the influence without a license.

If you or someone you love has been arrested for driving under the influence in Glendale (or elsewhere in Southern California), consider getting in touch immediately with an experienced Glendale DUI defense lawyer at the Kraut Criminal & DUI Lawyers. Mr. Kraut is a very experienced Harvard Law School educated ex-prosecutor. He is known for his excellent relationships with judges, prosecutors and other members of the Southern California legal system.

October 14, 2013

Q: What Happens When You Drive Nearly 5 Times the Legal Limit for Burbank DUI?

by Michael Kraut

A: You crash into a gas station window.

There are many good reasons why to avoid driving under the influence in Burbank (or elsewhere in Southern California). Among them include:

• Your license could be suspended for a year;
• You might have to go to jail;
• Your insurance rates might balloon and stay high for years afterwards;
• You might have to pay incredibly steep fines and fees;
• You might have to endure uncomfortable prohibition terms;
• You might have to pay to install an interlock ignition device in your vehicle;
• Perhaps most vividly, you might do crazy things, like drive your car into the glass window of a gas station.

Such was the fate of 33-year-old Evelina Igor Bennett of Boise, Idaho, who allegedly drove through a gas station on the 100 block of South Broadway. According to reports, police arrived at the gas station to find the woman sitting in the lot, smelling intensely of alcohol.

They put Ms. Bennett through the paces of Field Sobriety Tests. (Probably, they were very similar to the Burbank Field Sobriety Tests that you had to do — such as the finger to the nose test, the stand on one leg test, the horizontal gaze nystagmus test, and the count backwards by threes test.)

But more astonishing than her failure at the FSTs was the intensity of her alleged intoxication.

Her two breath tests show that – which were taken later at jail (after she had time to metabolize some of the alcohol) showed that she had a 0.382% and 0.395% BAC, respectively. That’s astonishingly high. You’re considered legally over the limit at just 0.08%.

In fact, at that level of intoxication, Ms. Bennett is lucky to have survived the night. It’s not uncommon for people with BACs of 0.40% and above to become comatose or to suffer severe and permanent health effects due to the alcohol.

Bennett had been convicted twice before for DUI – once in 2006 and once in 2007. If you’re arrested three times in the span of ten years for DUI in Burbank (or elsewhere in Southern California), prosecutors can charge your third DUI as a felony, even if it ordinarily would be just a misdemeanor. That means you could go to jail for over a year (among other things), instead of just a few days.

Sobering thoughts.

Fortunately, if you’ve been arrested for a similar crime, you don’t have to passively accept your fate. Connect today with a Burbank DUI defense attorney at the Kraut Criminal & DUI Lawyers. Attorney Kraut is a very experienced former prosecutor who has a tremendous record for delivering results, even in tough, complex cases. Mr. Kraut served for 14 plus years as a prosecutor in the capacity of Senior Deputy District Attorney.

October 11, 2013

Pasadena DUI Celebrity News Update: Dina Lohan (Lindsay’s Mom) Pleads Not Guilty to DUI Charges

by Michael Kraut

As someone who’s been arrested for Pasadena DUI, you were probably more sympathetic than most when you learned that 50-year-old Dina Lohan (mother of actress, Lindsay Lohan) got arrested on September 12th for driving under the influence in Long Island, New York.

Police pulled Dina Lohan over, after they saw her speeding. Based on her Field Sobriety Test performance (and other measures), they figured that she over the influence, and they arrested her just a few miles from her home in Merrick, New York. The bust came only a few months after 27-year-old Lindsay finished her 6th rehab stint connected to her Los Angeles DUI arrest.

On September 24, the elder Lohan entered a not guilty plea at New York’s Nassau County District to charges that she had been driving under the influence of alcohol or drugs.

Judge Joy Watson did suspend her driver’s license. But that apparently wasn’t a problem: Dina returned home in a chauffeur-driven Rolls Royce, and she is schedule to appear in court again on October 23.

Police said that Dina had been doing 77 miles per hour in a 55 miles per hour zone, and that she had a blood alcohol concentration of 0.20%. For those of you keeping score, that’s two and half times the legal limit for driving under the influence in Southern California.

A Family in Trouble
Lindsay and Dina are not the only members of the family to run a foul of the law. As this Pasadena DUI blog (and other sources) reported months ago, Lindsay’s father — Michael Lohan — has also been tormented by drug and alcohol issues, and he ALSO faces criminal charges.

What’s the Takeaway?

One salient takeaway from all the Lohan DUI drama is that dealing with addiction is complicated, emotionally challenging stuff. Fortunately, you don’t have to fight this battle on your own. An experienced, widely respected Pasadena DUI criminal defense lawyer with the Kraut Criminal & DUI Lawyers can help you develop a sound strategy to deal with your charges.