DUI Consequences

December 2, 2010

Southern California DUI Bloggers React to “Hogan Knows Best” Sidekick’s Arrest

Many celebrity Los Angeles DUI arrests that “go viral” revolve around extremely well known celebrities like Lindsay Lohan, Mel Gibson, and Nick Nolte. But as this blog tries to highlight, many “minor” celebrity DUI arrests happen every week. Last week, Glenn Douglas Packard, a regular on the reality TV series “Hogan Knows Best” got pulled over for DUI in Miami Beach. Glenn%20Douglas%20Packard%20DUI.jpg

If you have recently been pulled over for a DUI in Pasadena, DUI in Glendale, DUI in Burbank, or DUI in Los Angeles or elsewhere in the Southland, the debate over Packard’s legal “prognosis” may intrigue you.

According to reports from the gossip website TMZ.com, a Miami Beach police officer pulled Packard over last Wednesday morning and observed that he “definitely had a strong odor of an alcohol beverage on his breath” and had “red and watery eyes, slurred speech, and unsteady stance.” Packard allegedly admitted to the officer that he was the evening’s designated driver and that he had had “only three drinks.” Packard submitted urine samples for testing. Low and behold, two tests came back below the Florida (and California) legal limit of 0.08%. He tested at 0.65% and 0.77% respectively – close to DUI but not necessarily over the line. As of this posting, it’s unclear how Packard’s defense will play out, but his conundrum might be instructive.

After all, in certain cases, it can be very difficult to completely deny a DUI charge. For instance, if you crash into a tree and test having a BAC of 0.35%; and if dozens of witnesses testify that they saw you chugging down Long Island ice teas like there was no tomorrow — then your ability to plead “not guilty” gets, shall we say, quite complicated.

However, many cases are very similar to Packard’s – they involve drivers who test near or at the legal limit, as defined by California Vehicle Code Section 23152(b), which says that a driver who operates a motor vehicle with a BAC of 0.08% or greater can be convicted for Los Angeles DUI and can face points on their DMV record, jail time, suspension of a CA driver’s license, court costs and fines, and other unpleasant penalties.

But even if you tested over the 0.08% limit, a savvy and experienced lawyer, such as Los Angeles criminal defense attorney Michael Kraut, can challenge the results of your test by doing things like examining the accuracy of the breathalyzer test, probing the police work done, and even looking for factors that might have interfered with the test results. For instance, diabetics often have chemicals on their breath which interfere with breathalyzer results and cause them to blow “false positives” for DUI.

The general point here is that, if you or someone you care about has been recently arrested for Los Angeles DUI, it behooves you to consult ASAP with a good lawyer. Attorney Kraut has a terrific reputation in the industry – not only is he well respected by past clients, but he is also held in high regard by judges and prosecutors, most likely because Attorney Kraut served himself as a prosecutor for 14+ years, and he attended Harvard Law School.

November 30, 2010

Los Angeles DUI Results in Football Fans and Bloggers Alike Analyze Fallout of Buccaneers Wide Receiver’s Arrest

by Michael Kraut

NFL fans and professionals who follow celebrity Southern California DUI news have been heatedly debating the fallout of Tampa Bay Buccaneers wide receiver Mike Williams’s DUI arrest. The 23-year old rookie got pulled over two weeks ago in his black Escalade and arrested for suspicion of driving under the influence. Police reports revealed that Williams’s BAC tested below the 0.08% Florida (and California) legal limit.

Anyone who has recently been arrested for driving under the influence in Los Angeles, DUI in Burbank, DUI in Glendale, DUI in Pasadena, or DUI elsewhere in the Southland may find the repercussions of Williams’ arrest instructive, in that they illustrate how many complications can spring from even a simple DUI arrest — one not involving accidents, injuries or property damage.

Upon learning of Williams’s arrest, the Buccaneers management decided to allow him to play in a game against the San Francisco Forty Niners. Williams is the team’s leading receiver. Prior to Sunday’s game against the Baltimore Ravens (which the Buccaneers lost 10 to 17), Williams had garnered 6 touchdowns and 689 yards.

The Buccaneers head coach authorized his team to conduct an independent analysis to determine whether or not Williams had controlled substances in his system in addition to alcohol. Williams dutifully submitted to this request, and Coach Morris announced: “we gave Mike our own independent test and we are completely confident that he is completely clean.”

But the NFL is not necessarily happy with the Buccaneers conduct, and some sports analysts believe that the team violated the league’s policy for drug testing confidentiality.

The takeaway here is that, if you or someone you care about has been arrested for DUI in Southern California, even if you are not a major NFL star or a celebrity or politician, you could face serious consequences in addition to the consequences stipulated in the California Vehicle Code Sections relevant to DUI arrests.

For instance, a first time misdemeanor DUI arrest could land you in jail for a minimum of 48 hours, net you serious fines ($1,000 on top of court costs), lead to intense probation terms, and much more. On top of that, you will likely have to deal with unexpected secondary and tertiary (third degree) consequences – just like Williams and the Buccaneers have had to do – such as complications with your personal and business relationships.

Fortunately, Los Angeles criminal defense attorney Michael Kraut can provide a confidential and strategic assessment of your defensive possibilities. Attorney Kraut is a Harvard Law School educated lawyer who has represented clients in some very difficult and complicated Los Angeles DUI matters. As a former prosecutor, Attorney Kraut has the clout, connections, wherewithal, and intuition for the law you need to craft your most appropriate response.

November 25, 2010

Huntington Beach Aims to Reduce Southern California DUI by Posting Names on Facebook

by Michael Kraut

Last Monday, Huntington Beach Councilman Devin Dwyer offered a radical proposal at a city council meeting: publish the names of Southern California DUI offenders on Huntington Beach’s Facebook page. Dwyer made the case for “public shaming” of DUI offenders thusly: “I would use any tool necessary to bring down the numbers of drunk drivers.”

If you or someone you love has been arrested for DUI in Burbank, DUI in Glendale, DUI in Los Angeles, or DUI in Pasadena or elsewhere in the Southland, you would certainly not be alone. Indeed, Huntington Beach has one of the worst records in California for DUI arrests. In 2009, police reported 274 DUI crashes and 1,687 arrests – and this is all for a town that has a population of just 200,000.

Huntington Beach officials have been scrambling to institute solutions. This year, officials banned “beer pong” at establishments in downtown, and more officers have been pulled onto DUI detail. In an ironic twist, Huntington Beach’s City Attorney, Jennifer McGrath – the attorney who reviewed the Facebook proposal to make sure there are no legal problems with it – was herself arrested for DUI in Southern California back in 2005, after police pulled her over on Main Street near City Hall. McGrath pled guilty and paid a $1,600 fine.

If you get pulled over for driving under the influence in Los Angeles or elsewhere in the Southland, police will use several tools and strategies to determine whether or not you are DUI. They will likely put you through several field sobriety tests, administer something called a preliminary alcohol screening test (PAS test), and analyze your breath, blood, or urine using chemical tests. If you are found to be under the influence of alcohol or drugs, you can be charged with a crime pursuant to California Vehicle Code Sections 23152(a) or 23152(b).

The consequences of conviction can include jail time, loss of driver’s license, serious fines and court costs, points on your DMV record, mandatory alcohol school, and mandatory installation of an IID in your vehicle. A Los Angeles DUI conviction will also have serious secondary and tertiary consequences. For instance, a DUI conviction can make it more difficult for you to get a job, find a lender, and maintain good standing in your professional community. If you hurt someone while driving under the influence in Huntington Beach or elsewhere in the Southland, you could face even more serious charges pursuant to other sections of the CVC – 23153(a) and 23153(b). Basically, these allow prosecutors to elevate what would ordinarily be a misdemeanor DUI charge to a felony. If convicted of a felony, you face even more perilous legal consequences, including such as a longer jail sentence and permanent loss of key rights.

To craft and execute a competent defense to Los Angeles DUI charge, you should seek expert legal guidance. Look to Los Angeles Criminal Defense Attorney Michael Kraut.

November 23, 2010

DUI Murder Conviction in Alaska has Los Angeles DUI Community Talking

by Michael Kraut

Although horrific Southern California DUI collisions and injuries occur with an unbearable frequency these days, rarely do prosecutors charge offenders with “DUI murder” – a charge that’s equivalent to second degree murder. But last week, a jury in Anchorage Alaska returned a “guilty” verdict in a DUI murder case involving a 56-year old former BP executive, who killed a man and critically injured his fiancée after she drove the wrong way on Seward Highway.

If you or someone you care about has recently been pulled over on charges of DUI in Los Angeles, DUI in Pasadena, DUI in Glendale, or DUI in Burbank, you probably are quite interested in the distinctions among DUI penalties. The story of this DUI tragedy should be instructive.

According to AP reports, on November 5th, 2009, Philips drove her Ford Explorer the wrong way on the expressway and slammed into a small Toyota driven by 23-year old Louis Clement. Tests revealed that Philips’s blood alcohol level was over 4 times the legal limit. The jury deliberated only a few hours before returning the guilty verdict.

The 56-year old Philips had been convicted for driving under the influence three times prior. A fourth DUI charge, pursuant to a March 2009 arrest, is still pending. She was also arrested for DUI in 1983, but she pled that down to a simple traffic offense.

In Alaska, a DUI murder conviction carries a minimum of 10 years in jail. A DUI murder in California is punishable by at least 15 years – or up to life – behind bars. The burden of proof on prosecutors in DUI murder cases is quite high. The prosecution must show something called “implied malice” – in other words, that the driver who caused the death had a crystal clear understanding of the risks inherent in driving DUI and nevertheless still chose to get behind the wheel.

Even if prosecutors don’t charge you with DUI murder, they could hit you with charges of vehicular manslaughter or – an even more serious charge – vehicular manslaughter with gross negligence.

And even if all you do is hurt someone while driving DUI in Los Angeles, you could face felony charges pursuant to California Vehicle Code sections 23153(a) and 23153(b).

Furthermore, even if you just got stopped for driving with a blood alcohol concentration of 0.08% or more, you could face devastating penalties just for the misdemeanor – penalties such as prison time, loss of your California driver’s license for a year and enormous fines.

To respond to charges, consult with a reputable and results proven Southern California DUI lawyer, like Los Angeles Criminal Defense Attorney Michael Kraut.

November 10, 2010

Celebrity Los Angeles DUI Bloggers Buzz about David Cassidy’s DUI Arrest

by Michael Kraut

Websites like TMZ.com and other gossip blogs that follow celebrity Los Angeles DUI arrests have been chatting non-stop about the arrest last week of David Cassidy. The actor and singer, who is best known for his role as Keith Partridge in “The Partridge Family,” got arrested in St. Lucie County Florida for driving under the influence.

If you or someone you care about has been arrested for DUI in Burbank, DUI in Glendale, DUI in Los Angeles, or DUI in Pasadena, you probably can relate to the nervousness and confusion that Cassidy felt. As one of his representatives told the gossip website, TMZ.com: “He would never jeopardize anyone on the road… he has never been arrested in his life before for anything.”

According to reports, the 60-year-old was cruising in a 2008 Mercedes, when an officer saw him weaving in and out of lanes and pulled him over. The trooper noted that the ex-heartthrob smelled like alcohol and acted “nervous and confused.” After seeing a half empty bottle of bourbon in the back seat, the trooper asked Cassidy to take some field sobriety tests (FSTs), which the actor allegedly failed. Cassidy also took two breathalyzer tests and tested positive for DUI both times. On the first test, he blew a 0.13%. On the second test, he blew a 0.14%. Both numbers are significantly over the legal limit for Southern California DUI of 0.08%.

The Partridge Family singer was charged with failing to maintain his lane, driving with an open container of alcohol, and driving under the influence in Florida. After posting a bail of $350, he was released on his own recognizance.

What exactly are “field sobriety tests” that DUI suspects like David Cassidy have to take?

In Southern California, officers usually administer these roadside tests in a specific order. Usually, the first test is something called the horizontal gaze nystagmus test. This measures your pupil reaction time. An officer will likely also subject you to balance tests to measure your physical coordination. These exams could include asking you to stand on one leg, asking you to pace along the painted line on the road, asking you to tilt your head back and count to 30, and having you close your eyes and extend your arms and then try to touch the tip of your nose with your fingers. An officer may also subject you to mental tests. For instance, you may be asked to recite the alphabet backwards or do a counting test.

Key point: if you fail a field sobriety test, that doesn’t mean that you will be found guilty of DUI!

Indeed, the validity of FSTs can be challenged on a number of grounds. For instance, maybe the road was sloped or potholed, and this titled grade caused you to lose your balance. Or maybe you were simply fatigued from a long night or a bad conversation, and thus you couldn’t concentrate on the tasks being asked of you. Being pulled over for any reason can be extremely stressful and can cause certain people to behave in odd ways. The act of subjecting someone to a field sobriety test can actually change his or her behavior and make it difficult to understand the root cause of the behavior.

If you need help with constructing a Los Angeles DUI defense, you likely want to retain a top-caliber attorney who has the experience, wherewithal, and resources to help you.

October 27, 2010

A Deadly Brew: Southern California DUI Experts Weigh in on Case of Woman Who Drove DUI While Texting on her Cell Phone

by Michael Kraut

Most Los Angeles DUI arrests involve one (or maybe two) violations of proper driving protocol. In other words, they are not overly extreme. But a breaking case out of Richmond, Vermont has made national headlines due to just the sheer outrageousness of the allegations. Apparently, a 49-year-old woman named Matilda Stacey crashed her car on I-89 while consuming alcohol and simultaneously text messaging on her cell phone.

If you have been recently charged with DUI in Glendale, DUI in Burbank, DUI in Los Angeles, or DUI in Pasadena, you have likely already reflected a little bit on your arrest and realized just how dangerous it can be to get behind the wheel while distracted or intoxicated.

According to police reports, Stacey had been driving on I-89 last Tuesday afternoon, when she drove her car off the road into guardrails and then into some trees. Her blood alcohol concentration (BAC) level tested at more than two times the legal limit of 0.08% (the same limit for Southern California DUI), and now she faces twin charges of driving DUI and text messaging while driving. As of this post, her crash remains under investigation.

Although in the case of Ms. Stacey, police had ample reason to suspect that she was driving while under the influence and inattentive (after all, she did crash into a tree), in other cases, the “symptoms of Southern California DUI” may be less than clear. Here is a list of possible symptoms that officers look for:

• Stumbling and loss of balance
• Inability to form words and mumbling
• Inability to answer officer questions coherently
• Odor of alcohol on the person or in the vehicle
• Admission to using alcohol or drugs
• Disheveled or unkempt appearance
• Incoherent stories about where the person has been
• Bloodshot eyes or watery eyes
The more of these symptoms that you exhibit, the more likely police will be to suspect you are DUI. You may also have to go through field sobriety tests (FST), such as balancing tests and tests of your mental coordination. As well, police may ask you to take a breathalyzer or blood test to determine your blood alcohol concentration level.

Remember, failing any one of these tests does not necessarily mean that you are DUI. And even if you tested positive for Los Angeles DUI in a blood test, a deeper analysis may reveal that the blood test got contaminated or misinterpreted or that something else was going on. To compile your best case, turn to the resources of an experienced Los Angeles DUI lawyer.

October 25, 2010

Chief Financial Officer of Walgreens Slapped with DUI charge – Los Angeles DUI Analysts Look at Implications

by Michael Kraut

Most headlines about Southern California DUI concern politicians, actors, celebrities, or “ordinary” people doing outlandish things (such as riding lawnmowers while DUI – a peculiar habit that this blog has documented multiple times).

A breaking story publicized by the Chicago Tribune shows that actors, celebrities, and oddballs don’t have a monopoly on the “DUI trade.” Wade Miquelon, the Chief Financial Officer for the Walgreens, got arrested on September 25 for DUI.

If you have been recently hit with a charge of DUI in Burbank, DUI in Pasadena, DUI in Glendale, or DUI in Los Angeles, it may behoove you to learn more about what happened to Miquelon and to explore how Southern California DUI law may impact your potential penalties and defense options.

The charges constituted the 45-year-old’s second DUI within a year. Police charged Miquelon with three different offences:

1. Driving under the influence of alcohol.
2. Driving on a suspended license.
3. Driving with a taillight out.

Of the three charges, obviously the most serious is the DUI – serious not only for Miquelon’s personal life (he could have his license suspended and could have to serve time in jail) but also for his professional life and for the wellbeing of his company. When top executives at major companies commit criminal offences, the market takes notice, and volatility can follow.

Looking more specifically at Miquelon’s case — and its implications for Los Angeles DUI defense — what lessons can we draw here? Considering that Miquelon got arrested twice within essentially a single calendar year, perhaps we should review the penalties associated with multiple convictions of DUI in Southern California.

As you might expect, the more times you get convicted for a DUI, the greater your penalties will be. But what are the specifics?

1. First conviction.

The court might impose penalties like: 48 hours mandatory jail time, $1,000 fine along with court costs, formal probation, six weeks in DUI alcohol school, one year California license suspension, mandatory installation of a device in your car that will prevent you from starting it if you have any alcohol on your breath, and other punishments that the court chooses to impose.

2. Second conviction.

A 2nd conviction for a Southern California DUI misdemeanor charge (within 10 years) will lead to increased mandatory jail time (up to 10 days), increased time in DUI alcohol school, a license suspension twice as long (two years), and a spike in your court costs and fines.

3. Third conviction.

If you are arrested 3+ times within 10 years, you become a Los Angeles DUI recidivist (serial offender). A typical misdemeanor charge can be elevated to a felony count. This is a much more serious charge that could result in a longer jail sentence as well as the permanent loss of certain rights. In addition to seeing increases in your alcohol school time, license suspension duration, and court costs and fines, you will also see a major increase in your jail time – from a 10-day minimum for a second DUI to a 120-day minimum for third time DUI.

If you face a charge of Los Angeles DUI, you may need a reputable and careful attorney to develop a case for you.

October 18, 2010

Celebrity Los Angeles DUI Bloggers Weigh-in on Vince Neil’s Not Guilty Plea

by Michael Kraut

Motley Crue frontman, Vince Neil, got arrested in Las Vegas in June for driving under the influence. His blood alcohol concentration tested at over 0.21% – nearly 3 times the legal limit for Southern California DUI. Ever since, celebrity gossip sites have been wondering how Neil would plead to the charges. Well… the results are in.

Last Tuesday, Neil pled “not guilty” to his misdemeanor DUI charge – along with speeding charges pursuant to his June 28th arrest. If you’ve been recently pulled over for Glendale DUI, Pasadena DUI, Los Angeles DUI, or Burbank DUI, perhaps you might relate to what Neil went through when the police stopped him as he was driving 60 miles per hour in a 45 mile per hour zone. The officers noticed that Neil had an odor of alcohol on his breath, and he failed several field sobriety tests – including the Horizontal Nystagmus Gaze, Walk the Line, and One-Leg Stand tests. The officers removed Neil from his Lamborghini and took him to Clark County jail. Neil secured his release with $2,000 bail. According to news sources, his trial is set for January 6th in Las Vegas.

26 years ago, Neil got convicted of DUI and vehicular manslaughter after he got into a crash that killed a passenger in his car, the drummer for the Finnish band Hanoi Rocks.

So despite being convicted of vehicular manslaughter, Neil only served 15 days in jail out of a 30-day sentence.

As Neil’s case indicates, if you hurt or kill someone while DUI in Los Angeles, your penalties can range widely, depending on many factors. If you were “grossly negligent,” for instance, you may face charges pursuant to Penal Code Section 191.5(A). A conviction could lead to a raft of very serious charges, including a long time in jail. To prove that you were grossly negligent, prosecutors must show that you drove with more than average inattention or carelessness or bad judgment – in other words, you drove in such a reckless fashion that a reasonable person would realize that you were creating a serious risk of hurting someone or killing someone.

There is actually an even more serious charge – DUI murder. This charge carries even stiffer penalties.

Whether you’ve been pulled over for a relatively minor misdemeanor charge or a more serious count, a Los Angeles DUI attorney can provide crucial guidance and strategic support as you work to save your license and reduce your penalties.

October 11, 2010

Celebrity Los Angeles DUI Offenders Beware: Don’t Let What Happened to Damon Evans Happen to You

by Michael Kraut

This blog has covered a spate of Los Angeles DUI and celebrity DUI arrests recently – including arrests of notable sport stars like the Jets’ Braylon Edward. In some celebrity drug/alcohol cases (e.g. Paris Hilton’s recent bust in Vegas for cocaine possession), the defendant escapes without serious consequences. In other cases – e.g. actor Chris Klein’s Los Angeles DUI conviction – the offender serves jail time and can witness a career implosion as a result of the DUI.

Let’s look at an example of the latter – the case of University of Georgia’s Athletic Director Damon Evans, who was arrested on June 30 for DUI in Atlanta, after an officer pulled him over in the town of Buckhead. The officer found that the (married) Evans had been traveling with a 28-year-old woman — Courtney Fuhrmann. According to the officer’s report: “I also noticed that the subject had a red pair of ladies panties between his legs.” Allegedly, Furhmann told the officer “just to let you know, it (the DUI) will be erased because he is the athletic director of UGA and he has that power.”

Ironically, Evans was only minutes away from starting his new contract with UGA. It would have given him $0.5 million a year. He resigned after the arrest, and he is now working in Boston. The point here is that — whether you are a celebrity or not, whether you get pulled over for driving under the influence in Long Beach or Calabasas — the consequences for your family life, your career, and even your freedom can be radical and devastating.

Your problems can multiply if you hurt someone or leave the scene of the accident illegally. A simple misdemeanor can be elevated to a felony, according to California Vehicle Code Sections 23153(a) and 23153(b). Your punishments can include everything from jail time and mandatory restitution to the person or people you hurt to secondary “down the line” consequences of the Long Beach DUI, such as loss of a license or a job, loss of the right to vote, and other long-term professional and personal difficulties stemming from your felony conviction.

A Southern California DUI defense lawyer can help you put up stiff resistance to the charges. Your choice of attorney does matter.

October 6, 2010

Los Angeles DUI Murder Conviction for 23-Year-Old who Killed Angels Pitcher

by Michael Kraut

Last week, a jury convicted 23-year-old Andrew Gallo of Southern California DUI murder in a widely publicized case regarding the DUI deaths of Nick Adenhart (a pitcher for the Los Angeles Angels) as well as a Cal State cheerleader named Courtney Stewart and another passenger, Henry Pearson. This blog has reported multiple times on Gallo’s case and his legal travails. Since Gallo had been convicted previously of driving under the influence in Southern California, prosecutors sought a murder charge – as opposed to a standard vehicular manslaughter charge – because based on his experience with the court system and his alcohol education, Gallo should have realized that the accelerator pedal can be a lethal weapon.

The jury listened to heart-rending testimony, such as the testimony of Raymond Ravera, Gallo’s step-brother — the designated driver for the evening who got drunk himself and who encouraged Gallo to drink more alcohol even after he (Gallo) wanted to stop and go home.

When someone kills someone else while driving DUI in Long Beach, Burbank, or elsewhere in the Southland, prosecutors can choose from several different charges. Vehicular manslaughter is one of the most common. Gross vehicular manslaughter is a more serious charge – pursuant to Penal Code Section 191.5(a), prosecutors must show that the person who drove under the influence in Long Beach and killed someone:

• Had a BAC of 0.08% or more;
• Committed an act — such as a driving infraction or a misdemeanor, like running through a red light — that could kill someone;
• The defendant did this act with “gross negligence” – a kind of carelessness that goes beyond normal inattention and bad judgment: a reasonable person would know that the behavior could cause serious injury;
• The gross negligence must have led to a person’s death.

Southern California DUI murder is a charge even more serious than gross vehicular manslaughter while intoxicated. A prosecutor generally must show that the defendant already had a DUI conviction – and thus clearly and explicitly understood the dangers of driving under the influence.

If you or someone you care about has been recently arrested for driving under the influence in Long Beach (or elsewhere in the Southland), your legal representation can make a huge difference in terms of what punishments you get (if any), and how long your legal battle will last.

An experienced attorney – particularly someone who has credentials as both a prosecutor and a Los Angeles DUI defense attorney – can help you develop an aggressive and legally sound defense.