DUI Field Sobriety Tests

February 24, 2010

NHL All Star Goalie Slapped with DUI Charge: Not a Beverly Hills DUI, But Arrest Has Nevertheless Attracted Tons of Media Attention

Many DUI in Beverly Hills cases begin when an intoxicated celebrity drives way over the speed limit in a fancy car and gets nabbed by the police for his or her hubris. Well, All Star NHL Goalie Nikolai Khabibulin was arrested last week for doing just that, when he was cuffed near Scottsdale, Arizona. Here is the story:

On February 8th, the goaltender blasted his red Ferrari down a Scottsdale road at 70 miles per hour — more than 25 miles per hour over the speed limit. Local police pulled over the 37-year-old and gave him a field sobriety test after noticing the odor of alcohol on him. Khabibulin was subsequently arrested and charged with DUI and speeding. According to the General Manager of the Oilers, “Nikolai has been fully cooperative with the authorities.”

Khabibulin, who signed a $15 million contract with the Edmonton Oilers in 2009, has been out since mid November thanks to a lower back injury. The Oilers have struggled without his finesse — racking up the worst record in the league (19-36-6). (For comparison, Khabibulin’s record was 7-2-9 with just over three goals scored against on average for the ’09-’10 hockey season.)

When police officers make DUI stops — whether they do so in Scottsdale or Southern California — what kinds of tests do they conduct?

Beverly Hills DUI police typically handle roadside stops ritualistically. In other words, they adhere tightly to a pre-scripted procedure:

The first kind of Southern California DUI field sobriety test usually given is the horizontal gaze nystagmus test. This is an eye exam designed to see whether the driver can track an object across a field of view. If the eye bounces around, this might indicate that the suspect is DUI.

The following test is the walk the line test. This is a balance test. A suspect must step nine paces in two directions over a line (such as a yellow dividing line). If she falls over, that might indicate she has been driving under the influence in Beverly Hills.

The next test is the one-leg stand test. This is another balance test. The driver stands on one foot for half a minute. Again, if he or she loses balance, this might indicate DUI.

The next test is the Rhomberg test, in which a driver tilts his head back and counts from 1 to 30. Again, a loss of balance might indicate DUI.
Officers can also employ coordination tests, such as the finger to the nose test.

Finally, mental coordination tests may be employed as well — such as reverse counting tests.

Just because you fail a Beverly Hills DUI field sobriety test doesn’t necessarily mean that you will be convicted. But you may need solid legal representation to help you build a good defense.

February 4, 2010

Los Angeles DUI Charge for “Heroes” Actor Adrian Pasdar

by Michael Kraut

On Wednesday, January 27, Adrian Pasdar, star of NBC’s “Heroes” series, was pulled over for driving under the influence in Los Angeles. According to reports, the 44-year-old actor was speeding on the 405 in his Ford F-150 truck at nearly 100 miles per hour — straddling two lanes of traffic — when the California Highway Patrol pulled him over at 3 a.m. near Santa Monica Boulevard. After noticing an odor of alcohol coming from his car, the cops gave him a field sobriety test. Pasdar refused a breathalyzer and was remanded to County Jail and held on a $15,000 bond, which he posted at 8:30 AM. His misdemeanor Los Angeles DUI trial has been scheduled for February 24. Pasdar is married to Natalie Maines, one of the lead singers for the Dixie Chicks.

Whether you’re pulled over for a Long Beach DUI on the 405 South, or a Burbank DUI on the 101, the California Highway Patrol administers similar kinds of field sobriety tests. What are the typical field sobriety tests (FSTs), and how do they purport to work? Here’s a quick primer:

Gaze tests

The Horizontal Gaze Nystagmus test determines pupil coordination. An officer tracks the eye movement of a suspect following an object or a light.

Balancing tests

Common balancing tests include the One Leg Stand test, the Walk the Line test, and the Rhomberg test. With the One Leg Stand test, a driver is asked to stand on one leg. If he or she tips over, this might indicate DUI. The Walk the Line test is perhaps the most famous Southern California DUI field sobriety test. A suspect must walk nine paces back and forth on a straight line (e.g. a highway divider line). If the suspect “falls off,” then he or she might be suspected. Finally, the Rhomberg test involves leaning back and counting to 30. Again, tipping over might indicate intoxication.

Coordination tests

The so-called Finger to the Nose test is perhaps the most common. In this exam, a driver closes her eyes and attempts to touch her nose after extending her arms. If the driver cannot “find” her nose, then DUI may be suspected.

Officers will also look for indicators of demeanor and constitution. For instance, let’s say police pull over a person on suspicion of driving under the influence in Long Beach on the 405 South. In addition to performing the FSTs, officers will also look for signs like slow speech response, impaired motor skills, disheveled appearance, watery eyes, and general lack of coordination.

If you or someone you love has been stopped and arrested for a Long Beach DUI, you may need serious legal assistance to avoid dramatic punishments. The city does not want for lawyers who are willing to tackle Los Angeles DUI defense work. But take the time to find a lawyer who has talent, experience, and a proven trial track record.

December 26, 2009

Eighteen Day Southern California DUI Crackdown Begins

by Michael Kraut

An epic holiday Southern California DUI crackdown began on December 18. According to a California Office of Traffic Safety press statement, 250 sobriety checkpoints will take place across California’s highways and byways from the 18th to the 3rd of January. California Highway Patrol Commissioner Joe Farrow said that the CHP will work hand in glove with 400 agencies across CA to reduce incidences of driving under the influence over the holidays.

All told, the CHP and other groups organized 1,700 total checkpoints in California in 2009. Next year, the police plan to an increase this number by 47 percent to more than 2,500 checkpoints.

In 2008, more than 214,000 people in California were arrested for driving under the influence — a high watermark for the decade and the highest number of DUI arrests since the early ‘90s. In 2008, DUIs led to 28,000 serious injuries and over 1,000 deaths, according to CHP statistics. That said, the National Highway Safety Administration (NHTSA) — via its Fatality Analysis Reporting System (FARS) — found that DUI related deaths in the state have declined since 2005.

In the most egregious Los Angeles DUI deaths, a defendant can be charged with DUI murder. If convicted of this charge of second degree murder, a defendant can get 15 years to life in jail. But a DUI murder — also often referred to as a “Watson Murder” — can be difficult for prosecutors to win. For instance, prosecutors must show that the driver demonstrated “implied malice” and may have to show that he/she violated a signed statement called “the Watson advisement.”

More often, if you hit and kill someone while driving DUI in Los Angeles, you’ll be charged with manslaughter under the California Vehicular Manslaughter Law (penal code 191.5(a)).

Defenses to Pasadena DUI manslaughter and murder charges can be developed — after all, the prosecution has to meet a very high burden of proof to win these counts — but if you or a loved one faces such charges, it may behoove you to consult ASAP with a qualified, experienced attorney.

December 23, 2009

Former “Apprentice” Contestant Busted for Southern California DUI

by Michael Kraut

Heidi Androl, a former contestant on Donald Trump’s realty show “The Apprentice,” was arrested Monday December 7 for a Southern California DUI on the 105 Freeway. The gossip website TMZ.com reported that Androl had been partying at Club Nokia (in honor of Luc Robitaille) prior to her arrest. She was reportedly going 35 mph — significantly under the speed limit — prompting an anonymous citizen to call the police. The CHP subjected her to roadside sobriety tests, which she allegedly failed.

What typical Southern California roadside sobriety tests do CHP officers employ on suspect drivers like Androl? Here’s a quick primer on the popular tests:

1. Horizontal gaze nystagmus test

This eye exam is often the first test an officer will use on an individual suspected of driving under the influence in Los Angeles. An eyeball typically “jerks” as it tracks a moving object, like a flashlight. Theoretically, a police officer can estimate impairment based on the angle of this jerk. But the science underlying this test is flimsy.

2. Coordination tests

These include:

a. one-leg stand test
b. walk the line test
c. finger to the nose test
d. Rhomberg test (in which a suspect leans his head back and counts up to 30.)

If the driver loses his balance, demonstrates poor reaction time, or shows a general lack of coordination, the officer might have reason to suspect Long Beach DUI.

3. Subjective evaluations

Independent of the field sobriety tests (FSTs) administered, an officer may arrest a suspect based on intuition. Fortunately for defendants, an officer’s “gut feeling” won’t likely be admissible as serious evidence in court.

December 15, 2009

Footage of Nas Arrest Lights Up Celebrity Los Angeles DUI Blogs

by Michael Kraut

Southern California DUI blogs are abuzz with new video footage featuring the DUI arrest of hip hop artist Nas — more formally known as Nasir Jones — who was charged with the offense back in September. The gossip site TMZ.com publicized the six minute and 47 second video clip, which shows the rapper failing multiple field sobriety tests. According to a September 10th police report filed by the Henry County, GA police, Nas initially admitted to smoking marijuana prior to getting behind the wheel.

Nas has been a favorite target of gossip-mongers recently thanks to his high-profile divorce from fellow superstar artist Kelis (of ‘Milkshake’ fame). Fortunately for the rapper, the DUI charges against him have been dropped. And his once acrimonious divorce proceedings with Kelis seem to have settled down — the two were seen laughing together outside their courtroom last week.

Although Nas’s arrest occurred in Georgia — and thus he would not have needed the services of a Southern California DUI lawyer — the trials and tribulations that beset many high profile defendants often showcase remarkably similar themes.

For instance, roadside sobriety test failures are often publicized as prominent “proof” that a particular defendant is guilty. But the reality is that roadside sobriety tests are far less accurate than advocates sometimes acknowledge. Consider the following:

The horizontal gaze nystagmus test is often the first examination given to a DUI suspect. Essentially, an officer tests whether the driver can effectively track a stimulus. If the eye reacts slowly or bounces back and forth, that might indicate DUI. But numerous factors can bias the test. For instance, all the following factors — and more — can cause a non-DUI driver to ‘fail’ the gaze test:

• being on a strong medication
• fatigue
• stress
• genetic (or other) disorders of the eyes

Other tests — such as the walk the line test, the one leg stand test, and the finger to the nose test — measure physical coordination to ascertain whether someone is DUI or not. But this kind of testing can likewise be biased or rendered meaningless by an array of factors including the ones aforementioned. In addition, illnesses, fear, or a simple innate lack of coordination can lead to false positives — and thus to Long Beach DUI arrests.

December 2, 2009

Pamela Bach, ex-wife of Baywatch superstar David Hasselhoff, tagged for driving under the influence in Los Angeles

by Michael Kraut

The AP has reported that Pamela Bach was arrested on charges of DUI in Southern California on Saturday night on the 101 freeway. The police report said that the former Baywatch beauty and (now ex-wife of David Hasselhoff) blew a BAC level of 0.13% or 0.14% — significantly over the state’s legal limit of 0.08%. She was booked at the Van Nuys jail and released after posting a $15,000 bond. Bach confessed to her misjudgment in a public statement: “I am remorseful and mortified. I am going through a really difficult time between David being in the hospital and going through the divorce.” Pamela%20Bach%20DUI.JPG

According to the AP, Bach had been arrested in 2007 for a hit and run — a charge which was later dropped when she reached a settlement with the woman whom she hit. She was also on probation for a DUI in Southern California she received back in August.

As a savvy Van Nuys DUI attorney would tell you, the legal defense for someone charged multiple times with DUI in California can be exponentially complicated. Multiple violations of California Vehicle Code Section 23152(a) and 23152(b) can result in increased penalties.

First-time DUI offenders face serious-enough penalties, including six weeks minimum alcohol school, suspension of driver’s license for a year, 4 hours in police custody, fines, and other assorted penalties. But the punishments get much worse with multiple convictions. Second time offenders can receive a two-year driver’s license suspension, a minimum of 18 months in alcohol school, and a mandatory four-day jail sentence. A third time offender can get a three-year driver’s license suspension, 18 months minimum in DUI school, and a minimum of 120 days in police custody. A four time DUI offender (within 10 years) can get a minimum of 180 days behind bars (just for a misdemeanor DUI) and may have to pay additional fines and penalties.

If you or a friend or loved one has been arrested for Burbank DUI or DUI anywhere else in Southern California, look to the services of a qualified attorney.

November 27, 2009

Los Angeles DUI Charges against John Kerry’s Daughter Dropped

by Michael Kraut

Last week, Alexandra Kerry, the 36-year old daughter of senator and former presidential candidate John Kerry, got pulled over for driving under the influence in Los Angeles. On Monday, however, the city prosecutor’s office opted to drop the case against the documentary filmmaker, citing the fact that her blood alcohol (BAC) level was 0.06% — 0.02% under California’s legal limit of 0.08%.

People Magazine broke the story of Kerry’s arrest last week; nevertheless, many details have still yet to be made public. A spokesman for the LAPD said that Kerry posted a $5,000 bail and that she was cited for having an expired registration. She was booked at a Hollywood police station, and a court date had been set for December 10. No other drivers were allegedly involved in the incident, and no one was injured.

As a reputable Southern California DUI attorney will tell you, the key law that governs cases like Kerry’s is California Vehicle Code Section 23152 — specifically sections 23152(a) and 23152(b). The first section stipulates that if you operate a car, truck, or other vehicle while under the influence of narcotics or alcohol, you can be booked for a criminal act. The section also lays down punishments for violating this law, which include license suspension, serious fines and court costs, and jail time. Section 23152(b) stipulates that one may not drive a car, truck, or other motor vehicle with a BAC of more than 0.08%. (Since Alexandra Kerry — as we mentioned above — only had a BAC of 0.06%, it therefore would have been very difficult for prosecutors to build a substantial case against her.)

Not all charges of driving under the influence in Southern California are as easily met, however. If you or a loved one faces similar charges — or even charges complicated by injuries, property damage, or other factors — it may behoove you to connect ASAP with Attorney Michael Kraut of the Kraut Criminal & DUI Lawyers.

For years, Attorney Kraut worked as Deputy District Attorney for the city of Los Angeles, during which time he prosecuted some very tough DUI cases. He has since switched over to representing criminal defendants, and he uses his knowledge of procedure and law to develop superior strategies for his clients. Attorney Kraut has an impressive pedigree — including a degree from Harvard Law School. And he has proven himself many times over both in settlement hearings and at trials. Given the severity of your charge, it makes sense to work with one of the best attorneys that the city has to offer.

November 23, 2009

Red Flags That Indicate You May Be At Risk for Southern California DUI

by Michael Kraut

Given the potentially devastating penalties that could result if you’re convicted of a Southern California DUI charge, you want to exercise an abundance of caution before getting behind the wheel after you’ve consumed any amount of alcohol. What are some ‘red flags’ that indicate that you might want to turn to a designated driver or take a cab?

1. You fail self administrated “roadside sobriety tests.”

Tests like the horizontal gaze nystagmus test, the walk-the-line test, the Rhomberg test, and the finger-to-the-nose test may be useful for certain individuals in certain situations. But remember that just because you pass any of these tests (or even all of them) with flying colors does not necessarily mean that you are sober and ready to get behind the wheel.

2. You fail a self-administered breathalyzer test.

Breathalyzers can sometimes give a fair bead on your BAC level. As any Southern California DUI attorney will tell you, the normal threshold for DUI in California is a BAC of 0.08%. But just because you blow a BAC of less than that doesn’t mean that you’re necessarily sober and ready to drive. Of course, blowing a BAC of greater than 0.08% doesn’t necessarily mean that you ARE above the state’s legal limit either. In other words, these tests do not have a wonderful track record for accuracy; and in fact false-positive test results often lead to unfair Southern California DUI convictions.

3. You notice dispositional changes.

If you experience symptoms such as bloodshot eyes; an inability to complete sentences; a tendency to slur speech; impaired motor skills; or a retarded ability to complete sentences, definitely think twice before getting behind the wheel. Perhaps more tellingly — if people around you hint or joke that you’re acting drunk — this should be taken as a huge sign to exercise caution.

4. You are under 21.

If you’re a minor and you have even a slight amount of alcohol in your system, you can be tagged for driving under the influence in Southern California. Anyone under age needs to be extra cautious not to get behind the wheel in such situations.

5. You notice any intolerance to alcohol.

Your body’s ability to metabolize alcohol changes. Individuals with diabetes, insulin resistance, or even a common cold can be far more susceptible to the effects of alcohol than healthy individuals, for instance. Other factors that can influence your tolerance include your stress level, your weight, your gender, your level of fatigue, whether or not you consumed foods before drinking, whether you recently consumed narcotics or medications, and so forth.

To summarize, there is no ‘standard candle’ to guide you in all situations. Frustratingly, even if you follow the state’s posted guidelines for responsible driving, you may still potentially encounter legal problems.

Here’s a useful rule of thumb: always exercise an abundance of caution. Be very conservative when you make decisions about whether to drive or not. If you have any doubt about whether you may be too intoxicated to get behind the wheel, don’t drive. Call a cab. Ask a friend to drive you home. But don’t risk potentially injuring yourself, hurting others, destroying property and sidelining your future.

If you or a friend or family member has been arrested for driving under the influence in Southern California, Attorney Michael Kraut of the Kraut Criminal & DUI Lawyers can provide guidance. Attorney Kraut spent many years working as a Los Angeles DUI prosecutor, and he understands how to craft a superior defense as a result of his prosecutorial experience. Attorney Kraut is an alumnus of Harvard Law School, and he’s committed to compassionate and attentive client care.

November 18, 2009

Winner of “The Bachelor: London Calling” Arrested for Los Angeles DUI

by Michael Kraut

On Saturday, November 14, Shayne Lamas, the 24-year-old reality star who won the Season 12 of “The Bachelor: London Calling” was arrested for driving under the influence in Los Angeles after she failed a breathalyzer test.

According to reports from outlets like E! Online, the ingénue/celebutante drove through a DUI checkpoint, completely confident of passing. Unfortunately for her, she blew a reading well above California’s legal limit of 0.08%. In a statement to the press afterwards, Lamas apologized for her lack of judgment and said that she would never “condone drinking and driving.” Her court date has been scheduled for December 9.

Had Lamas been able to discuss her checkpoint stop with an experienced Los Angeles DUI lawyer, she might have been able to handle the situation more effectively. Fortunately for her, from the facts sketched out in the E! Online story, Lamas may have numerous legal options at her disposal.

In particular, the breathalyzer test that she failed could have been compromised or inaccurate. Only a thorough investigation into her Southern California DUI arrest could resolve the issue. However, problems with these kinds of tests abound. Consider:

1) Breathalyzer tests don’t distinguish between women and men.

2) They also can’t distinguish between ethanol and other compounds that chemically mimic ethanol.

3) Breathalyzers often yield false positives, particularly when they’re badly calibrated; misread; handled improperly; or awkwardly administered.

4) Different BAC readings can show up depending on how hard you blow into a breathalyzer. A shallow breath tends to yield a lower BAC reading than does a deeper breath.

5) Officer bias and error can also throw off a breathalyzer result.

If you or a loved one has been charged with driving under the influence in Los Angeles or elsewhere in Southern California, Attorney Michael Kraut can provide a free consultation to help you assess your rights and options. Attorney Kraut spent years working for the city of Los Angeles as a respected and feared prosecutor. He now draws upon his deep understanding of the psychology of prosecutors to deliver results time and again for his DUI clients. Attorney Kraut is also extremely well credentialed — he is, among other things, a Harvard Law School graduate — and he has won a reputation for fearless and relentless advocacy for his clients.

October 29, 2009

Mel Gibson Finally Puts His Southern California DUI Behind Him

by Michael Kraut

On Tuesday, movie star and director Mel Gibson finally saw his July 2006 Southern California DUI conviction expunged from his record. Gibson’s arrest in the summer of 2006 riveted the nation after Gibson allegedly threw an anti-Semitic tantrum subsequent to his being taken into custody, in which he unleashed a fusillade of insults and racist remarks, including saying that “the Jews are responsible for all the wars in the world.” Mel%20Gibson%20DUI.jpg

Judge Lawrence Mira consented to clear Gibson of his Los Angeles DUI charge because the actor/director had conformed to the terms of his probation, which included attending AA meetings, paying nominal fines, and avoiding further arrests for driving under the influence.

Had Gibson consulted a knowledgeable Los Angeles DUI lawyer after he had been pulled over on PCH for driving around 85 mph, he likely would have been advised against behaving rudely and aggressively towards the deputy officer who made the arrest.

That being said, being courteous to an arresting officer does not mean being compliant or submissive. In fact, if you’re overly forthcoming about your activities, you can exacerbate your legal woes. Admitting to “only having had a few drinks,” for instance, can significantly complicate your case.

Under what conditions can a suspect refuse an alcohol test? The law is murkier than most people realize. You can refuse under certain circumstances; but under other circumstances, refusal can constitute a criminal offense. For instance, if you’re on probation for driving under the influence of Los Angeles, or if you’ve just been arrested, you must take a test. (And if you’ve been arrested under suspicion of drug use, you may also have to take a urine test.)

You can also be penalized if you delay taking a test. That said, if the conduct of the arresting officer contributed to or caused the delay, then said delay may not actually constitute a refusal, legally speaking. If the police do not advise a suspect about penalties for refusal, the court can choose to ignore a refusal, even if one did in fact take place. According to Southern California law, arresting officers can obtain blood samples for BAC testing by force if need be. For instance, if a suspect has passed out at the wheel and has evinced signs of DUI, an officer can take a sample — even in spite of the suspect’s unconsciousness.

For help navigating the complexities that have resulted from your DUI arrest, turn to attorney Michael Kraut. For many years, attorney Kraut worked as a DUI prosecutor in Los Angeles. He knows how to critically dissect prosecutorial arguments and brings to bear a tremendous and detailed knowledge of how Los Angeles DUI cases are fought. He also boasts an impressive academic pedigree (Harvard Law School).