DUI Consequences

October 4, 2010

More Drama in Lindsay Lohan Los Angeles DUI Saga: Actress Enters Rehab for Fifth Time

24-year-old actress Lindsay Lohan is still suffering a legal hangover from her 2007 Los Angeles DUI conviction. Last Tuesday, the “Freaky Friday” actress entered a live-in drug rehab program — the fifth time she has been admitted to a rehab facility.

As this blog reported last week, Lohan will have to return to court on October 22 to face charges that she failed a court mandated drug test ordered after her recent probation lapse. She was released from jail the Friday before last on $300,000 bail. The actress must wear an alcohol monitoring bracelet and avoid consuming alcohol or other controlled narcotics.

Earlier in the week, superior court judge Elden Fox ordered the actress to jail without possibility of bail. But her attorneys appealed, and a different superior court judge, Patricia Schnegg, agreed to the bail option, since misdemeanor defendants are typically entitled to the bail option.

The ongoing public discussion about Lohan’s Los Angeles DUI may have long-term, interesting ramifications for the policy debate over how best to punish and prevent multiple instances of driving under the influence in Southern California.

The media attention forces people to discuss what might happen if, for instance, someone gets arrested and convicted multiple times for driving under the influence in Burbank.

A first time offender will usually get a misdemeanor charge (unless he or she hurts another person or commits a “hit and run” or does something else that complicates the case). Penalties might include two days in jail, a one year CA license suspension, six weeks of alcohol school, mandatory installation of an IID (interlock ignition device), and court costs and fines.

If you are convicted multiple times of driving under the influence in Burbank, your penalties ratchet up. A second time misdemeanor offender (within 10 years) will get more jail time, longer time in alcohol school, a longer driver’s license suspension, steeper fines and court costs, and stricter probation terms. If you are convicted of three plus DUIs within 10 years, the prosecution may try to ratchet up your charge from a misdemeanor to a felony. Convicted felons face must steeper penalties yet, including permanent loss of things like the right to vote.

So how can you best respond to charge of a Southern California DUI? Believe it or not, your choice of legal representation can have profound ramifications for your sentencing and your ability to keep/win back privileges.

September 29, 2010

Another Coda to Lindsay Lohan’s Los Angeles DUI Story: More Jail Time for a Failed Drug Test

by Michael Kraut

This blog (and practically every other major and minor media outlet) has thoroughly covered Lindsay Lohan’s Los Angeles DUI arrest – and its numerous codas, side stories, and other moving parts. Last week, another bombshell dropped – pursuant to the 24-year-old actress’ failure to pass a court ordered drug test, Lohan will be heading back to jail.

Lohan — who left her latest rehab on August 24th — twittered to her fan base about her current plight and demonstrated some contrition: “I am taking responsibility for my actions and I am prepared to face the consequences.”

Last Friday, she went before Judge Elden Fox of Superior Court. According to a report from the gossip site TMZ.com, Lohan will likely have to go back to jail on October 22nd. Her jail sentence could stretch up to 30 days.

Lohan’s saga – including probation violations, repeated reprimands by the court, etc – is sadly not uncommon among people charged and convicted of driving under the influence in Long Beach (and elsewhere in the Southland).

The more Southern California DUI convictions you get, the more stringent your sentences and penalties will be. A first time offender, for instance, may be hit with a misdemeanor, a one-year driver’s license suspension, 48 hours in jail, a fine of up to a $1,000 (on top of court costs), mandatory alcohol school and more. But if you get convicted for a second or third time for a Long Beach DUI, your jail time, minimum alcohol school requirements, license suspension time, etc will all likely go up – and your probation terms will be far more restrictive.

If you get over three convictions within a 10-year span, you could face a felony charge.

Any Los Angeles DUI charge should be taken seriously – even if no one got hurt, and no property damage was reported. The strength of your legal representation can prove crucial.

September 22, 2010

Los Angeles DUI Sports Bloggers Kibitz About Former Colt QBs Latest Arrest

by Michael Kraut

Southern California DUI bloggers who track celebrity and sports star arrests have most recently been captivated by a sad story out of Indianapolis. Blair Kiel, a former QB for the Indianapolis Colts, got caught for driving with a BAC of over 0.17% in Indiana. The 48-year-old ex-NFLer started getting in trouble with the law after he completed an illustrious career, which included starring as the QB for Notre Dame and playing for the Colts and other franchises. This last decade has been particularly rough for Kiel, who has faced charges including violating an order against harassing his ex-wife, violating the terms of a May 2005 probation, domestic battery, resisting police, and public intoxication. His latest charge came at the end of August, when a police officer stopped him on Greenfield Avenue in Noblesville, IN and hit him with multiple charges of driving under the influence.

Obviously, many drivers in the Southland get pulled over for similar recidivist acts of driving under the influence in Burbank (or wherever). But what happens when you get convicted for a second, third, or fourth time for DUI in Southern California? Do the penalties increase? And if so, how do they increase?

Obviously, each case is different. The court will examine things like whether you hurt anyone while driving under the influence in Burbank, how many priors you have, whether you caused property damage, and whether you enter a program of rehab and treatment. That said, the court generally ratchets up its punishments as the number of convictions increase. For instance, while a first conviction may yield a one year drivers license suspension and minimum jail time of 48 hours; a second conviction will net significantly more minimum jail time and a two year mandatory license suspension. Your terms of probation, number of weeks of mandatory alcohol school, court costs and other punishments can be adjusted upwards to increase your punishment for recidivist Burbank DUI behavior.

Given everything that’s at stake for you – including your freedom and financial future – it pays to consult with a top caliber Los Angeles DUI attorney.

September 15, 2010

Actor Chris Klein Serves Jail Sentence for Los Angeles DUI

by Michael Kraut

When 31 year old actor Chris Klein got pulled over for driving under the influence in Los Angeles in June – his second DUI within five years – the tabloids quickly compared him to fellow troubled celeb, Lindsay Lohan. Like his 28 year old colleague, Klein got served a jail sentence for his Southern California DUI. But unlike Ms. Lohan, Klein served his sentence with little drama or complaint. On September 3, the actor showed up in a Van Nuys, California court to plead no contest to his charges, pursuant to his serving out a 96 hour jail sentence and two month rehabilitation. Klein’s punishment is not over. He must also spend 18 months in an alcohol education course, pay significant fines, be on probation for four years, and install an interlock ignition device (IID) in his car, pursuant to new Los Angeles DUI laws that went into effect just a few months ago.

Klein exhibited contrition for his DUI. He told Judge Gelfound: “I apologize for my wrongdoing and I really appreciate that the court gave me the opportunity to prove how seriously I took all of this.”

Klein’s arrest and sentencing is a classic example of how the courts ratchet up their punishments for people who get convicted of driving under the influence in Pasadena (or elsewhere in Southern California) multiple times. Let’s look at some other significant differences:

First time vs. second time Los Angeles DUI conviction:

• Jail time (48 hours mandatory/four to ten days mandatory)
• Alcohol school (six week minimum/18 month minimum)
• California drivers license suspension (one year suspended license/two year suspended license)
• Court costs and fines (maximum fine of $1,000 on top of court costs/fines and court costs significantly increase)

If you are convicted of driving under the influence in Pasadena a third or fourth time within ten years, your punishments will go up and up. A third time offender, for instance, will get a mandatory minimum of 120 days in jail. A fourth time offender will get a minimum of 180 days in jail – and that’s if the DUI is a misdemeanor. If it’s a felony, you can be sentenced to 3 plus years in jail.

To build a coherent defense to charges of Southern California DUI, you should consult with an experienced attorney.

September 6, 2010

Los Angeles DUI “False Positives” – What You Can Do to Protect against Them

by Michael Kraut

If you get arrested for driving under the influence in Southern California – whether you are a celebrity like Lindsay Lohan or Paris Hilton; or an “ordinary Joe” – you may find it difficult to get over the social stigma and get on with your life. Ideally, you want to avoid arrest and be a safe and conscientious citizen on Southland freeways and surface streets. Unfortunately, even people who do follow “best practices” for defensive driving — who stay away from things like speaking on their cell phones while on the road or driving under the influence — can get tagged for DUI in Long Beach (or elsewhere).

Here are potential triggers that can yield false positives for DUI:

1. Ketosis/ketoacidosis interfering with breathalyzer test results
If you are a diabetic who suffers from ketoacidosis (a consequence of hypoglycemia) or if you are on the induction phase of a low carbohydrate diet and your body is burning ketones (i.e. in a state of ketosis), you may have chemicals on your breath which can falsely elevate your BAC reading on a breathalyzer test. In other words, you may be legitimately under the legal limit but because of your diabetes or your diet, you can blow a BAC reading that looks positive for DUI in Los Angeles.

2. Smoking cigarettes or tobacco

When you smoke cigarettes or other tobacco products, you raise your level of acetaldehyde, another chemical that can falsely elevate your BAC readings and make it look like you are DUI in Pasadena (or wherever) when you are actually not.

3. Fatigue

When you are pulled over for under suspicion of driving under the influence in Southern California, and you are fatigued, you may present symptoms that look very similar to Los Angeles DUI symptoms. For instance, you may have bloodshot eyes, you may not be able to put together a coherent sentence, and you may slur your words. This obviously isn’t to say that you should drive while fatigued – you certainly shouldn’t, because that’s also very dangerous – but your extreme fatigue can certainly mimic DUI symptoms and lead to a “false positive.”

4. Personal “X” factors

Every person is different. Some people are naturally sweaty and ruddy, and they are not able to articulate themselves well. Other people just have bad coordination. So if you are someone who is uncoordinated, for instance, and you are asked to perform a field sobriety test, you might fail the FST simply because of your innate lack of coordination.

5. Nervousness and agitation because you are pulled over

If you’ve ever been pulled over, you probably felt agitated, anxious and maybe out of breath. We behave differently under extreme circumstances – and a suspect’s nervous behavior thus may look like DUI behavior, even if he or she is well below the legal limit.

So if you believe that your DUI was a “false positive” or if you are simply not sure how to proceed with your best defense, talk to an experienced attorney as quickly as you can.

August 31, 2010

Mandatory IID Installment for 1st Time Los Angeles DUI Drivers: Will the Experiment Work?

by Michael Kraut

It’s been nearly two months since the implementation of the AB 91 pilot program, which mandates that first time Los Angeles DUI offenders install interlock ignition devices (IIDs) in their vehicles. So let’s assess whether this program has been helpful, harmful, or neutral.

A bit of background on AB 91 first.

Mike Feuer, a Los Angeles assemblyman, introduced the law, which requires that drivers convicted of DUI in Los Angeles, Tulare, Sacramento, and Alameda counties must put an interlock ignition device into their autos even after only one conviction. The compulsory device is wired into your ignition. So in order to start your car, you need to blow an essentially alcohol-free breath to show that you will not be DUI. (Your BAC reading must be 0.03% — substantially lower than the legal limit for Southern California DUI of 0.08%). Once you do blow a successful sample, you must continue to blow samples as you drive, or your horns will start going off and your lights will flash to attract the attention of police.

Although AB 91 passed unanimously, many in the Southern California DUI community have voiced objections. One potential problem with AB 91 is that, according to DMV data, first time offenders do not respond as well to IIDs as do recidivist offenders. In other words, the statistics seem to show that if you put an IID in the car of a first time offender, it’s really not going to do much in terms of preventing that person from breaking the law again. That said, if you put an IID in the car of a recidivist (someone who has more than one conviction), then, the statistics suggest you’ll get results.

Since we are only less than two months into the AB 91 experiment, it’s difficult to say how effective the program will be. But five years down the road, we will likely have substantial data to help shape Los Angeles DUI policy.

If you have been charged according to California Vehicle Code Sections 23152(a) or 23152(b) for Los Angeles DUI, you need some fast and accurate legal guidance.

August 29, 2010

Celebrity Los Angeles DUI Bloggers Muse Fate of George Michael, as Wham! Singer Slams into London Storefront

by Michael Kraut

Celebrity blogs and other media that cover Southern California DUI events have been bubbling over about the latest charges against former Wham! singer George Michael. The 47-year-old 80’s pop icon got arrested in London on July 4 after he crashed his Range Rover into a photo shop in London. The pop star tested negative for DUI but positive for driving under the influence of marijuana (in England the charge is called “unfit to drive through drugs”), and he now faces serious penalties, including potentially a long stint in jail.

George Michael has been investigated by police seven times over the past six years for driving related incidents. Three times, he has been found by police unconscious behind the wheel. The first was in February of 2006, when he received a citation for smoking marijuana. Months later, he crashed his vehicle after he fell asleep. A few months after that, he also fell asleep behind the wheel, allegedly due to drug use.

George Michael has publicly admitted to smoking 25 joints a day (although, allegedly, according to UK tabloid reports, he is down to “seven or eight” a day now). The Wham! star had been attending a London gay pride event before he smashed his truck into a store named Snappy Snaps.

The sad and disturbing travails of the 80’s pop star (whose real name is George Panayiotou) highlight how difficult it is for certain people to “get out of” destructive behavior cycles. Unfortunately for these recidivists, Beverly Hills DUI law does not take kindly to repeat offenders. Indeed, if, within 10 years time, you get convicted of two charges of Los Angeles DUI, you can face a two-year driver’s license suspension, mandatory 96 hours in jail, a year-and-a-half’s worth of alcohol school. The court may also impose additional penalties and restrictions – such as difficult probation terms.

Third time offenders can get increased penalties above and beyond that – including, most notably, 120-day minimum jail sentence.

Fourth time offenders get a minimum of 180 days in a county jail.

In certain multiple-DUI situations, what would ordinarily be a misdemeanor Hollywood DUI charge could be elevated to a felony – even absent any additional complications (such as hurting someone while DUI, causing serious property damage or being involved in a hit and run).

Whether you have a history of driving like George Michael, or you are a first time offender who is confused and scared, you could almost certainly benefit from a consultation with a trained and experienced Los Angeles DUI attorney.

August 25, 2010

Celebrity Southern California DUI Bloggers Weigh in on Bengals Linebacker’s NFL Punishment

by Michael Kraut

As this blog reported earlier this year, NFL linebacker Rey Maualuga caused a stir in the sports celebrity Los Angeles DUI community in January when he got pulled over in Kentucky for DUI after he smashed into two parked cars and a parking meter. Maualuga ultimately pled guilty to driving under the influence and had to contend with the following penalties:

• Seven year suspended jail sentence.
• 90-day driver’s license suspension.
• Mandatory alcohol and drug education classes.
• Two years probation.
• Forced restitution for the property damage.

While Maualuga’s legal sentencing for his arrest has been long concluded, his NFL punishment was only doled out on August 17. The NFL had an opportunity to suspend the Bengals linebacker. Indeed, the Commissioner just recently reviewed whether to suspend one of Maualuga’s teammates, Cedric Benson, who got convicted of a misdemeanor for punching an bar employee in the face (the commissioner decided not to suspend Benson, either.)

But although Maualuga escaped league suspension, he had to forfeit two weeks of his signing bonus and pay two games’ worth of his checks to the NFL.

If someone like Maualuga had been pulled over for, say, driving under the influence in Long Beach, what penalties would he face here? Your Southern California DUI punishment will be determined by a constellation of complex factors, including whether or not you hurt anyone or did any property damage, whether this is your first offence or a second or a third, whether you have a criminal record, whether you were operating on a suspended license or not, whether you were under the legal drinking age, and whether you cooperated with police or fled the scene.

For the simplest Long Beach DUI offense, you might be convicted of a misdemeanor and get penalties like 48 hours of mandatory jail time, court costs and fines equal to a maximum of $1,000, a one-year license suspension with no possibility of restricted license, six weeks of mandatory alcohol school, probation, and forced installation of an interlock ignition device (IID) in your vehicle.

As you can see, even a conviction of misdemeanor Los Angeles DUI carries some pretty hefty penalties. To that end, you want to make sure that the defense you develop is well suited and appropriate. Indeed, the strategy that you pursue can have enormous ramifications both for your personal freedom and for your finances.

August 18, 2010

Celebrity Los Angeles DUI Blogs Debate Cleveland’s Rotten Luck as another Star Goes South

by Michael Kraut

Those in the Southern California DUI community who follow celebrity arrests and general misconduct have once again turned attention to the city of Cleveland, Ohio. Cleveland has taken quite a PR hit over the past few months – in particular, the city’s former basketball phenom, LeBron James, ditched his Cleveland Cavaliers for the Miami Heat in a televised conference on ESPN. The latest insult to Cleveland came last weekend when Gerard Lawson, a defensive back for the Browns, got into a hit and run DUI accident in Cleveland’s Warehouse District.

Local station WEWS-TV reported that Lawson smashed into a parked car and attempted a hit and run before being pulled over the police. He confessed to driving under the influence and got released early Sunday (just in time for practice). The 25-year-old Lawson signed with the Browns in 2008 and played five games in 2009.

From the WEWS-TV news report, it appears that Lawson did not hurt anyone (or himself), but what happens if someone drives DUI in Burbank (for instance) and does cause injury to someone else?

Southern California DUI law is very clear – if you cause what’s technically known as “DUI with injury,” a violation of California Vehicle Code Section 23153(a) or 23153(b), your punishment can be elevated above and beyond on a normal punishment for driving under the influence in Burbank.

What’s the difference?

A “typical” Los Angeles DUI arrest – e.g. for driving with a BAC of 0.12%, significantly over the state’s legal limit of 0.08% — might net you punishments like fines, mandatory interlock ignition device installation, a one year driver’s license suspension, probation, and a small amount of jail time. But if you commit the same exact crime and hurt someone in the process – even not that badly –your Burbank DUI could be bumped up to a felony. This means that if you are convicted, you could permanently lose the right to vote in elections, and all aspects of your sentence could be more extreme.

Another thing to take from this Gerard Lawson report is the idea of hit and run. If you hit a car or a person or a piece of property and then drive off without reporting it or without leaving a note, you could face substantial extra legal trouble – including a ratcheting up of all sorts of penalties.

So whether you’ve been arrested for driving under the influence in Southern California – or a friend or relative got caught for a hit and run or injury DUI – you no doubt can use the counsel of an experienced DUI defense attorney.

August 16, 2010

Southern California DUI Experts React to Guilty Plea in Prominent New York DWI Death Case

by Michael Kraut

Experts in Southern California DUI law try to pay attention to events that occur on the national radar as well as to local Southland news items. And a recent development in a heartbreaking case out of New York City has once again stoked debate and discussion among the community.

Below is the scoop.

Carmen Huertas was partying last October in Chelsea when she decided to load up her van with seven young girls and take them to the Bronx for a slumber party at her house. Unfortunately, Huertas had been drinking. Allegedly, she knew it too. According to testimony, she told her passengers “if you think I am going to crash, raise your hand!” Anyway, Huertas got onto the Henry Hudson Parkway and lost of her car control around West 96 Street. In the terrible crash that ensued, 11-year-old Leandra Rosado died.

Now, Huertas is prepared to enter a plea of guilty to the manslaughter charge against her in hopes that Justice Charles Solomon will be lenient. Justice Solomon has said in the past that he would give her something in between the maximum possible sentence of 15 years and minimum possible sentence of 1 year.

What happens if someone commits vehicular manslaughter while DUI in Glendale (or elsewhere in the Los Angeles area)? There are actually laws on the books that specifically handle Los Angeles DUI vehicular manslaughter. This occurs when a motor vehicle driver violates traffic laws or is careless or negligent — and as a result of this carelessness or fault indirectly or directly causes the death of another human being.

There are degrees of vehicular manslaughter. One of the strongest charges is “gross vehicular manslaughter while intoxicated.” To prove this, the prosecutor must show that the defendant was more than just normally “negligent” – he or she had to have been “grossly negligent.” If you are convicted of this more serious charge, you can face 10 plus years in jail or longer for every person who died in the accident. Gross negligence is defined as recklessness that creates serious bodily injury and/or death. And a reasonable person would know that the behavior would create this kind of extreme risk.

Whether you have been charged with a very serious crime, such as gross vehicular manslaughter while DUI in Pasadena, or you have been pulled over for a more “run of the mill” (but obviously very sobering and scary) charge of driving under the influence in Beverly Hills with a BAC of 0.14%, you likely need comprehensive and strategic guidance with your legal defense.

When defendants research Los Angeles DUI attorneys, they typically feel significant pressure to make a choice quickly. But it’s important to find an attorney who has the experience, track record and capacity to deliver a superior defense for you.