DUI Consequences

March 9, 2011

Los Angeles DUI Bloggers Note Explosion of Baseball Related DUI Arrests

Austin Kearns, a Cleveland Indians outfielder charged with DUI few weeks ago, will appear in Jessamine County District Court on March 10th: those who follow Los Angeles DUI news have noticed that major leaguers like Kearns, Miguel Cabrera, and Coco Crisp have all been snagged by DUI charges recently. Is this a wakeup call for the MLB?

Here’s the reality: celebrities and sport stars appear to be treated differently when they get arrested for DUI in Burbank, DUI in Pasadena, Glendale DUI, and DUI in Los Angeles. But the law — at least in theory! — affords the same exact legal resources to all defendants. Some MLB analysts have pointed to Kearns’ arrest — and his reaction to being pulled over – as indicative of a “holier-than-thou” attitude some celebrities take when they get caught doing illegal acts.

Irrespective of whether that’s true or not, here are the key details about Kearns’ stop:

• Police in Jessamine County pulled the 30-year-old outfielder over on February 12th at around 2:30 in the morning on Golf Club Drive.
• Kearns allegedly had been driving down an emergency road without his headlights on, and he was weaving all over.
• The Deputy Sheriff noted that Kearns “smelled of alcohol and had slurred speech” and “was very unsteady on his feet and leaned against the vehicle to steady himself.”
• Kearns refused to take field sobriety tests, and he refused to take a breathalyzer test.
• In addition to his DUI charge, Kearns faces a charge for failing to keep up his insurance.
• He paid $100 on a $1000 bond to get released from jail.
• The report alleges that Kearns admitted that he had drunk “a couple of bourbons and cokes” and that he asked the officer to “cut him a break.”
• The Cleveland Indians released an official statement last Tuesday saying that the team was aware of the arrest and that the club “take(s) these issues very seriously and is disappointed about the circumstances.”

One point we’d like to look at more: Kearns refused to take a breathalyzer test. What exactly ARE Los Angeles DUI breathalyzer tests? And are they as reliable as most people believe?

Breathalyzers are portable contractions that use chemical tests to gauge the concentration of ethanol alcohol on the breath. In theory, the technology is both simple and brilliant. A suspect simply blows into a tube, and the breathalyzer spits out a reading saying whether not you are DUI in Los Angeles or not (for a standard misdemeanor arrest, the cut off line is 0.08% BAC).

Unfortunately, breathalyzers are surprisingly unreliable. They don’t distinguish between men and women, for instance, and men and women process alcohol differently. The degree to which you blow into the machine can also have a profound effect on the reading. If you blow too much, you will register a BAC higher than you might actually have, for instance. Also, chemicals on your breath (such as ketone bodies that diabetics produce) can tilt the readings as well and can lead to false positives.

A Los Angeles criminal defense attorney, such as Michael Kraut of LA’s Kraut Criminal & DUI Lawyers (6255 Sunset Boulevard, Suite 1520, Los Angeles, California 90028) can help you address your DUI charges effectively. With a Harvard Law school education and a 99% success rate at jury trials, this ex-prosecutor will exceed your expectations.

February 28, 2011

Pasadena DUI Gossip: Juicy DUI Stories from Last Week

by Michael Kraut

Let’s face it: Most Pasadena DUI stops involve work-a-day misdemeanors – generally well-meaning folks who make errors in judgment or take undue risks. But sometimes, stories about DUI in Burbank, DUI in Pasadena, DUI in Los Angeles, and Glendale DUI take turns for the bizarre, spectacular, or simply queer. In this blog post, we will take a look at two standout DUI stories from last week and explore resources to help defendants develop better road habits and equip themselves with a proper legal defense.

Story Number 1: Beware the Ice-Cream Man
We all know that kids love the ice cream truck and parents fear it because ice-cream contains gobs of sugar, which has long been associated with obesity, diabetes, and a host of other health problems. But a Tampa Bay ice-cream truck proved unusually dangerous last week for a totally different reason. On Monday afternoon, the police pulled over a Sub-Zero ice-cream truck in Tampa Bay driven by 49-year-old Ronald Purdy, after Purdy nearly plowed into a child awaiting his tasty treats. Deputies who arrived at the scene tested Purdy to have a blood alcohol constitution of 0.227% and found two open bottles of whisky in his truck. Yikes.

Story Number 2: Real housewives get in real big trouble
Star Magazine reports that Marysol Patton, a 44-year-old star of the Real Housewives of Miami, was arrested in January 2010 for DUI in Miami Beach. Patton’s mother, Elsa, also got arrested in 2010 for DUI (October). The 76-year-old pled not guilty and got her charge dismissed, when the officer who pulled over failed to show up. Meanwhile, Marysol and her mom had even more company – Philippe Pautesta, Marysol’s boyfriend, also got charged with DUI last year and drove away from the scene of an accident.

The ice-cream truck story and the story about the Real Housewives’ DUI mess suggests that many people might still be confused about what exactly constitutes the crime of driving under the influence. If you have one drink, does that make you too intoxicated to drive? What about two? Three? Clearly, four would…right? The answer has less to do with the number of drinks you have than your degree of impairment and your blood alcohol concentration.

California Vehicle Code Sections 23152 (a) and 23152 (b) define the crime of driving under the influence in Pasadena (and elsewhere in California) and spell out the penalties that offenders will face. If you are too impaired by drugs or alcohol to drive, you violate 23152 (a). If your blood alcohol concentration is greater than 0.08%, you violate 23152 (b). Do note that ice-cream truck driver Ronald Purdy allegedly had a BAC of more than 0.22% – nearly three times the CA limit.

Discussing your DUI case with an experienced Los Angeles criminal defense attorney is a smart and probably necessary first step for you, if you face charges. Get in touch with the Kraut Criminal & DUI Lawyers (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899) to set up a free case evaluation to build your Pasadena DUI defense. Mr. Michael Kraut has a fantastic record at jury trails – a 99% success rate – and he is a former prosecutor who has a Harvard Law School education. In other words, he has both formidable credentials and proven “on the ground” results. Let him help you figure out your best next steps.

February 23, 2011

Beverly Hills DUI Stunner: Judge Says to Lindsay Lohan: “You’re Going to Jail”

by Michael Kraut

Lindsay Lohan’s post Los Angeles DUI saga took a scary new turn today, when Judge Schwartz warned the wayward actress “this case will involve jail time. Period.”

No, Judge Schwartz was not talking about another incident in which Lohan drove DUI in Pasadena, DUI in Burbank, DUI in Glendale, or DUI in Los Angeles. Rather, the stern admonition came in reference to Lohan’s alleged grand theft of a $2,500 necklace from a Venice Beach jewelry store.

Today, prosecutors in Lohan’s felony grand theft hearing offered her lawyer security footage of the “Mean Girls” actress allegedly stealing the necklace. Judge Schwartz had sobering words for the Lohan (quote courtesy Eonline): “This case does involve jail time… if this case is resolved in front of me, you’re going to jail… There may be an issue as to the amount of time you go, of course… but… I don’t want you under any apprehension. You will go to jail. Period.”

According to a Chicago Sun-Times report about the case: “the plea deal offered by Deputy District Attorney Danette Myers was for six months in jail, likely to be reduced significantly for good behavior behind bars.”

The actress is scheduled to return to court on March 10. If she loses her grand theft trial, it’s possible that she could spend a significant amount of time in a California State prison — a year or more for the felony. A “longtime Lohan intimate” told the Sun-Times that such a scenario would be “very dangerous… a true nightmare, no matter what… she’s been totally delusional about this… she’s got to get this behind her and get on with her life, especially if she wants a chance of saving her career.”

If you recall, Lohan is still on probation for her 2007 Los Angeles DUI. This issue complicates her already tenuous and fraught legal situation.

While Lohan’s felony grand theft case has been getting a lot of media play, there are literally thousands of CA defendants every year who face similarly fraught and emotionally difficult choices about how to plead in Los Angeles DUI cases.

A Beverly Hills DUI with injury, for instance, can be punished as a felony pursuant to California Vehicle Code Sections 23513(a) and 23153(b). In other words, the very act of hurting someone while DUI can bump up a misdemeanor (still quite a serious charge) to a felony, thus leading to a potentially massive sentence increase.

A variety of factors can impact Beverly Hills DUI sentencing. For instance, say you’re on probation for some other criminal offense; if so, the court may treat you more harshly. Or say this is your second, third, or fourth offense for Southern California DUI within a 10 year period — if so, penalties will be ratcheted up significantly.

To construct a powerful defense, look to a skilled Los Angeles criminal defense attorney. In Beverly Hills, count on attorney Michael Kraut of the Kraut Criminal & DUI Lawyers (located at: 9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935)) to provide outstanding service, compassionate listening, and strategically grounded thinking. Attorney Kraut is an ex-prosecutor (14+ years) and a Harvard Law School educated lawyer who has an exceptional track record helping Los Angeles DUI defendants, even in tricky and complicated situations.

February 21, 2011

Pasadena DUI Sports Spotlight – Raiders Runningback’s DUI Charge Tops Off a Bad Weekend for the NFL

by Michael Kraut

Scan the weekly headlines for Pasadena DUI, celebrity DUI, and other related posts, and chances are that you will see a surprisingly large number of sports related arrests, injuries, and other bad news — particularly related to NFL players.

While national DUI-related news, like Lindsay Lohan’s recent grand theft felony charge, captures the public’s imagination, in terms of sheer numbers, it seems like the sport stars have the celebrities beat, hands down.

NFL players, in particular, seem to have a passion for getting arrested for DUI in Burbank, DUI in Pasadena, DUI in Glendale, DUI in Los Angeles, and DUI just about anywhere else. Case in point: 26-year-old Michael Bush, a runningback for the Oakland Raiders, got nabbed for DUI in Indiana last Saturday morning in Jeffersonville (just outside of Louisville). Drafted by the Raiders in 2007, Bush came into his own last season, netting 8 touchdowns and 655 yards rushed. (Sports journalists believe Bush will become a free agent during offseason.)

According to reports, Bush spent the night in Clark County Jail and got out at 1 pm the next day on his own recognizance.

As this blog has reported elsewhere, Bush’s DUI was just the tip of the iceberg in terms of NFL-related troubles last week:

• Brandon Banks, a kick returner for the Redskins, got stabbed that same evening in a nightclub in downtown, Washington D.C.
• Meanwhile, Bank’s teammate, Albert Haynesworth, got officially charged with misdemeanor assault for a road rage incident that occurred on February 2nd in nearby Reston, Virginia.
• Bob Kuechenberg, a 63-year-old former Dolphin, also got arrested last Saturday night for DUI after sideswiping a car on I-95 in Florida.

All of these arrests raise an interesting question: what are DUI penalties for multiple Pasadena DUI convictions?

In California, convicted DUI drivers face escalating punishments whenever they violate the law and/or the terms of their probation. For instance, a standard misdemeanor DUI charge might net you a court imposed probation, a minimum alcohol school time, suspension of your license, a fine, and two full days of jail custody (six months maximum).

Does this sound scary? Note that it is just a starting point! If you injure someone during just DUI, prosecutors can hit you with a felony instead of just a misdemeanor, and your punishments will go way up, accordingly. Alternatively, if you get pulled over for a second, third, or fourth time for a Pasadena DUI within a 10-year period, the court will get increasingly harsh with you.

For instance, as we just discussed, a first misdemeanor Pasadena DUI will net you 48 hours behind bars – certainly an unpleasant development. But a THIRD time DUI misdemeanor within 10 years will give you a mandatory minimum of 120 days behind bars. That’s approximately four months!

Given the urgent legal crisis in your life, it behooves you to retain a high caliber Los Angeles criminal defense attorney as quickly as possible. The Kraut Criminal & DUI Lawyers (located in Pasadena at 790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899) is an excellent, proven resource. Head attorney Michael Kraut served as a former prosecutor for the city for a long time (over 14 years), during which he successfully prosecuted many DUI cases. He now uses his experience working for the other side to help his defense clients.

Mr. Kraut is a Harvard Law School educated attorney with an excellent reputation among his peers and a track record for success, even in highly complex cases.

February 18, 2011

Long Beach DUI Sports News – Bobsledding Champion Pleads Guilty to DUI, Narrowly Avoids Half Year Jail Sentence

by Michael Kraut

30-year-old Olympic gold medalist Steve Holcomb, the pilot for the US bobsledding team in the 2010 Winter Olympics, pled guilty last Wednesday to DUI charges, prompting analysts who cover sports news about driving under the influence in Southern California (and elsewhere) to ponder the effects of the sentencing.

For anyone out there who has been stopped and charged recently with DUI in Glendale, DUI in Burbank, Los Angeles DUI, or driving under the influence in Pasadena, Holcomb’s travails may be particularly instructive.

As this blog reported a few months ago, the bobsledder got pulled over in October 2009 on Route 224 in Utah for making an illegal U-turn. Testing later revealed that he had a blood alcohol concentration of 0.19% – more than double the Long Beach DUI limit of 0.08%.

Things clearly weren’t looking good for Holcomb. But then his citation got abruptly tossed out because a deputy in the Sheriff’s department didn’t sign the citation properly. Summit County Attorney David Brickey refiled the case, however. According to a USA Today news story, “(he) denied any leniency because Holcomb was a decorated athlete.” Holcomb ultimately pled guilty to a Class B misdemeanor of impaired driving (as opposed to driving under the influence), and a Summit County Judge ordered him to pay a fine of $1,430, “undergo substance abuse screening and assessment” and serve 48 hours of community service in lieu of 180-day jail sentence.

Brickey seemed satisfied but offered the following rejoinder: “I told the judge, of the community service: ‘it better not be giving free rides down the ice tracks.'”

It remains unclear whether the guilty plea will impact Holcomb’s ability to travel to Canada for the world bobsledding competition.

Long Beach DUI breathalyzer tests – similar to the ones used in Park City Utah – analyze the suspect’s so-called “blood alcohol concentration” (BAC) to help officers determine whether or not an arrest should be made. According to California Vehicle Code Section 23152 (b), driving with a BAC of greater than just 0.08% constitutes a criminal offense and can result in severe penalties, such as jail time, license suspension, hiked up insurance rates (because of your conviction), mandatory alcohol school, tough probation terms, and serious fines and fees.

A Los Angeles criminal defense attorney, such as Attorney Michael Kraut (The Kraut Criminal & DUI Lawyers can be contacted in Long Beach at 444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454) can be a crucial ally as you plan your strategy to combat your DUI charges.

Mr. Kraut will utilize his knowledge and experience as a former prosecutor (for 14+ years, he prosecuted Los Angeles DUI cases) to help you. Mr. Kraut is often called upon by major media, such as CNN, The New York Times, and The Los Angeles Times, to provide analysis of breaking DUI news. He can design and execute a tailored, streamlined defense for you.

February 9, 2011

Beverly Hills DUI Shocker: Lindsay Lohan Charged with Felony Grand Theft. Electrified Blogosphere Reacts

by Michael Kraut

In 2007, former child starlet and prominent celebutante Lindsay Lohan got arrested for driving under the influence in Los Angeles. Since that fateful stop, the beleaguered Lohan has been sent to jail three separate times for drug possession and violating her Los Angeles DUI probation. Today, the Los Angeles District Attorney’s Office dealt yet another blow to Lohan — formally charging her with felony grand theft pursuant to allegations that the star stole a $2,500 gold necklace from a jewelry store in Venice.

If you or someone you care about has been pulled over recently for Los Angeles DUI, Pasadena DUI, Glendale DUI, or Burbank DUI, chances are that you can at least be grateful that your case won’t (likely) be scrutinized by every major media outlet and thousands of blogosphere commentators, like Lohan’s has.

Here are key details on the breaking Lohan DUI news:

* If convicted, Lohan could face three full years in a California state prison
* The judge set bail at $40,000 and continued the hearing to February 23
* Judge Keith Schwartz said of the starlet: “You need to follow the laws just like everybody else. Look around this room. Everybody needs to follow the law… you’re no different from anyone else, so please don’t push your luck.”

* Lohan’s response? “Yes, sir.”

* Lohan was also told to stay away from the jewelry store. Allegedly, she (or her deputized agents) sent the store a bouquet of flowers when the story started becoming big news.

Lohan has been tied to theft investigations in the past. These include:

1) An insinuation that she took $400,000 worth of jewels from an Elle Magazine photo shoot.

2) A 2008 allegation from a college student that Lohan stole a mink coat worth $12,000.

3) An April 2000 allegation that Lohan stole a Rolex watch worth $45,000.

Beverly Hills DUI penalties can be life-changing, even if you don’t commit multiple probation violations, like Lohan has done. A first-time misdemeanor offender can face penalties such as a $1000 fine, 48 hours mandatory jail sentence, six weeks of alcohol school (max: nine months), a suspended drivers license (no restricted license allowed for school or work), and incalculable damage to your reputation and potential job prospects.

So what should you do, if you find yourself in a bind similar to the one Lohan has found herself in?

Talk to a qualified Los Angeles criminal defense attorney at once.

In Beverly Hills, you can get in touch with the Kraut Criminal & DUI Lawyers at 9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935. Attorney Michael Kraut is a former senior deputy district attorney for the city. He served for nearly a decade and a half in this capacity. He understands how the system works and has the connections within the Los Angeles DUI community to strategize and execute your best defense.

February 7, 2011

Beverly Hills DUI Update: Actress Jaime Pressly’s Woes Mount as Prosecutors Hit Her with Charges

by Michael Kraut

Last Tuesday, prosecutors in Santa Monica formally charged actress Jaime Pressly (“My Name is Earl”) with driving under the influence in Southern California. As this blog reported several weeks ago, the 33-year old actress got arrested on January 5th on suspicion of DUI and allegedly tested to have a BAC of at least 0.20% – 2.5 times the legal limit for Los Angeles DUI, as defined by California Vehicle Code Section 23152 (b).

If you or a loved one faces similar charges of driving under the influence in Burbank, Pasadena DUI, Los Angeles DUI, or Glendale DUI, you likely won’t be surprised to learn that, in the wake of Pressly’s arrest, she suffered a string of misfortunes.

Notably, on January 21st, she filed for divorce from her husband, Simran Singh. And last week, she backed out of two performances in Las Vegas — one at The Palms Las Vegas and another at Rain and Moon night club — according to E! News sources. Concurrently, Pressly is trying to care for her 3-year old child, Dezi, whom she had with Eric Cubiche, her ex-fiancee.

As if Ms. Pressly doesn’t have enough drama in her life, she also faces potentially stiff penalties for her Beverly Hills DUI conviction. Even first time offenders can face fearsome penalties imposed by the court. These can include seriously restrictive probation terms, a full year CA driver’s license suspension, a fine of $1,000 (maximum) on top of court costs, and 48-hours in jail. Second, third, and fourth time Los Angeles DUI offenders (within a 10-year period) will face ever stiffer penalties, including ratcheted up jail time, probation terms, alcohol school time, license suspension, court costs, and other fines.

Your Beverly Hills DUI penalties can also be ratcheted up if you engage in additional crimes on top of driving DUI. For instance, if you injured someone while driving DUI, prosecutors can automatically ask that a misdemeanor charge be elevated to a felony. Likewise, if you committed a “hit and run,” you can face criminal charges on top of the DUI that could make your case more complicated.

The answer to your legal woes might be to connect immediately with a Los Angeles criminal defense attorney, such as Mr. Michael Kraut of Beverly Hills’ Kraut Criminal & DUI Lawyers.

Mr. Kraut can be reached at 9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935.

In addition to serving for 14-years as a Deputy District Attorney for the City of Los Angeles, Mr. Kraut has also been invited as a guest commentator on Los Angeles DUI news by the New York Times, The Los Angeles Times, CNN, KTLA Los Angeles, and other major media outlets.

Mr. Kraut attended Harvard Law School, and he has exceptional relationships with many key people in the Los Angeles DUI community.

February 4, 2011

Pasadena DUI Story of the Week: Trooper Arrested for DUI for Hitting Other Cop

by Michael Kraut

Okay, although this is not exactly a Pasadena DUI case – it happened in the small town of Warwick, Rhode Island – but the sheer zaniness and coincidence of it all merits a blip on this blog’s radar.

If you’ve been pulled over for Glendale DUI, Pasadena DUI, Burbank DUI, or DUI in Los Angeles or elsewhere, chances are that you are not an active duty state police stripper — and at the very least, you didn’t hit a fellow police officer.

The same cannot be said of 23-year old Brendan Palmer, who got arrested last Sunday in Rhode Island after crashing into Providence police officer, Brian Auclair, who was in uniform at the time. Local Rhode Island Captain Raymond Gallucci said that Palmer took a blood alcohol test and blew a 0.184% on the breathalyzer. To put that in perspective, a DUI in Southern California reading would be just 0.08%. So Palmer blew a reading that was well over twice the Los Angeles DUI limit.

According to reports, Palmer has been “suspended with pay pending the outcome of his case and an internal investigation.” The 23-year old is a relative rookie – he has been with the Rhode Island police for only just over a year – and while it’s unclear how much more press this case of officer-on-officer DUI will get in the blogosphere, the matter serves as an interesting jumping off point for a discussion about breathalyzer tests in general.

Say you got pulled over for driving under the influence in Pasadena and asked to take a breathalyzer test. And let’s just say that you blew a reading similar to Palmer’s – a 0.16% — more than twice the acceptable limit, according to California Vehicle Code Section 23152 (b).

In this situation, most likely, you would be arrested.

But is the breathalyzer as accurate as most people (and most police officers) believe? It seems like it should be, right? After all, the breathalyzer is a very simple and straight forward device. You blow into it. A device in the machine looks for chemical signatures of alcohol. Simple. Straight forward. So how can you argue with the results?

Actually, there are many technical (and non-technical) arguments you can make against a Pasadena breathalyzer DUI positive. For starters, did you know that the depth with which you blow into the machine can radically influence the machine’s readings? Thus, if you blow just a little bit into the machine, you will blow a low number. If you blow a normal amount, you will blow a higher number. And if you blow very deeply – a deep chest breath – you may actually blow a reading that’s substantially higher than your actual blood alcohol concentration!

Police officers who administer this test know this, and they’ll often ask suspects to blow deeply into the machines. Is this fair? That’s up to the public to judge. But it does happen, and it’s something to be aware of.

Another point of dispute might be that men and women process alcohol differently. Diabetics process alcohol differently than non-diabetics and produce chemicals that can skew breathalyzer readings. Police officer administrators often don’t “zero out” these machines properly. Other chemicals on your breath or person can yield false readings. And on and on.

Unfortunately, unless you work with a qualified Los Angeles criminal defense attorney – who has serious experience helping Pasadena DUI suspects defend against these charges – you might never uncover these potential defenses.

Fortunately, you have the option of connecting today with the Kraut Criminal & DUI Lawyers at 790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899. Mr. Michael Kraut is a Harvard educated former LA City prosecutor who has an excellent track record and who has deep and effective associations with the Los Angeles DUI legal community.

January 31, 2011

Burbank DUI Nightmare Tragedy Avoided by Sheer Chance

by Michael Kraut

What could have been a horrifically bloody Los Angeles DUI story fortunately ended with just a minor fender-bender and an arrest. Last week, a man apparently under the influence of alcohol pulled his car onto some railroad tracks parallel to San Fernando Road and fell asleep – literally with his car striding the tracks. Sure enough, at around 1:15 in the morning, a Union Pacific freight train came barreling along and smashed into the vehicle. Fortunately for the unconscious driver, the freight train hit the car at such an angle that it spun off the tracks and whipped around. Local Sergeant Jim Reed (of Foothill Station) noted that “(the driver) wasn’t injured at all.” Amazing.

Drivers arrested for Burbank DUI, Glendale DUI, DUI in Pasadena, or DUI in Los Angeles are often lucky to be stopped before they get into a crash or hurt themselves or others. And sometimes, sheer luck prevents tragedies.

When many people imagine a driver falling asleep on a train track, they perhaps conjure up images of someone who has consumed bucket-loads of pills and alcohol. This brings up an interesting issue. Many people realize that driving under the influence of alcohol is wrong. But did you know that driving under the influence of drugs — including prescription pain medications and OTC drugs – can not only be as dangerous as (or even more dangerous than) driving under the influence of alcohol but that California Vehicle Code Section 23152 (a) considers such action a criminal offense? Even if you have a doctor’s order to take a medication – or you are taking an over-the-counter drug – you can be arrested and charged for a DUI drug crime. Officers may not use a breathalyzer test on you. You might be subjected to a blood or urine test, however.

The good news, from a defendant’s point of view, is that a Burbank DUI drug charge is actually harder to prove than a DUI alcohol charge. But a conviction can result in a jail time, major fines, license suspension, loss of security clearance at your job, points on your license, and indirect but substantial problems, such as a likely hike in your insurance rates.

To respond smartly and efficiently to these charges, you should almost certainly talk to an experienced Los Angeles criminal defense attorney. Burbank DUI attorney Michael Kraut (located at 2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) has the knowledge, wherewithal, record of success, and in-house resources to provide you with a peerless defense. Mr. Kraut is no stranger to drug and DUI cases. Prior to becoming a criminal defense lawyer, he served as a prosecutor for the City of Los Angeles – more than 14 years as a Deputy DA – and he also brings his Harvard Law School education and high level connections to bear to help defendants get their best possible outcomes.

January 24, 2011

Long Beach DUI and Huntington Beach Dilemma: Should Busted Drivers be Outed on Facebook?

by Michael Kraut

One of the biggest debates roiling the Southern California DUI community today concerns whether or not Huntington Beach was correct in rejecting a proposal that would have allowed police to post mug shots of DUI offenders on Facebook. Last Tuesday, the Huntington City Council voted down this “shaming proposal” proposed by city council member Devin Dwyer.

If you or someone you care about has recently gotten a Padadena DUI, Burbank DUI, Glendale DUI, or Los Angeles DUI, you are almost certainly at least peripherally aware of the Huntington Beach City Council debate. Indeed, Time Magazine did a major story on the Facebook shaming proposal last week. As Time journalist Allie Townsend reports, “Huntington Beach does have a serious problem: drunk driving is something of a community epidemic… where more than 1,600 of the 200,000 people (in Huntington Beach) were arrested in 2010, according to the AP.”

Townsend argues eloquently that the kind of public humiliation proposed by Dwyer would not be a good idea. It’s not that she has excessive sympathy for people who willfully break the law; rather, she fears (rightly so) that Facebook DUI mug shots could be passed around. They could haunt not only the offender but also the offender’s family and children for years to come. For instance, a middle schooler may face long-term taunting if his dad’s DUI mug shot winds up on Facebook.

Moreover, when you are arrested for DUI, you are often quickly judged “guilty” in the minds of colleagues, friends and family. Deeper analyses of Long Beach DUI arrests, however, reveal that DUI busts are often far from justified and far from conclusive.

Consider the following. A Long Beach breathalyzer test – commonly referred to as a preliminary alcohol screening (PAS) test – indirectly quantifies how much alcohol you have in your system. If you are above a certain amount – typically 0.08% BAC – you can be arrested and charged pursuant to California Vehicle Code Section 23152 (b).

Breath tests seem like they should work. But they are far less accurate than most people – including most police officers – realize. Men and women process alcohol at different rates. Diabetics produce unusual chemicals on their breath; these chemicals can interfere with test results. And if you blow too deeply into the machine, you may wind up with a Long Beach DUI reading without actually being DUI. And it goes on and on like this.

So what’s the best response?

In short, defendants should equip themselves with excellent information and consult immediately with a qualified Los Angeles criminal defense attorney. In Long Beach, you can connect with the Kraut Criminal & DUI Lawyers at 444 West Ocean, Suite 800 Long Beach, California 90802 phone 562-531-7454.

Attorney Kraut stands out among Los Angeles DUI attorneys because he is a former prosecutor, because he is a respected maven in the LA DUI community; and because he has demonstrated superlative results for his clients again and again, often in highly technical and complicated cases.