DUI Field Sobriety Tests

January 21, 2011

Burbank DUI News Eclipsed by Bizarre Bicycle Arrests in Baldwin Hills

Often, the most bizarre Los Angeles DUI news items come out of the valley (places like Burbank and Glendale). But last week, Baldwin Hills had the honor of being the site of a super-strange DUI bust in the Southland.

If you or a coworker or family member was arrested recently under suspicion of Los Angeles DUI, DUI in Pasadena, driving under the influence in Glendale, or Burbank DUI, take note at how seriously Southern California police took the dangerous behavior of a gaggle of Baldwin Hills bicyclists:

According to the AP, around 1:30 in the morning, California Highway Patrol got a call saying that a bicyclist had careered into the pavement and hurt himself. Officer Travis Ruiz came to the scene and found 15 bicyclists gathered around their fallen comrade. Many bikers lacked helmets and reflective clothing or gear. The bikers had alcohol on their breath. After taking field sobriety tests, five different bikers – including the one who got hurt – were found to have blood alcohol levels that constituted DUI. These five were arrested – even though they were driving bicycles and not motorcycles, cars or trucks.

As this blog has cataloged in the past – specifically with lawnmower DUIs – Long Beach DUI law is very strict. If a California Highway Patrol officer stops you for operating a motor vehicle under the influence of drugs or alcohol, you will face stiff charges according to either California Vehicle Code Section 23152 (a) or 23152 (b). If convicted, you face a plethora of unpleasant penalties, from harsh probation to a full year driver license suspension to forced installation of a device in your car that won’t allow you to drive unless you blow a sober breath into it. And of course serious jail time always lurks as a possibility.

Your best line of defense is to connect immediately with a talented Los Angeles criminal defense attorney. One of the reasons why many Burbank DUI defendants choose the Kraut Criminal & DUI Lawyers — (located at 2600 West Olive Avenue, 5th Floor, Burbank, California 91505, Phone 818-563-9810) — is that Attorney Michael Kraut and his team deeply understand the concerns that DUI defendants have. With more than a decade-and-a-half experience in the system – including 14 years as a local prosecutor – Attorney Kraut can help answer those nagging questions that have been keeping you up since the night (or day) of your Burbank DUI arrest.

January 17, 2011

Beverly Hills DUI Insanity: Actor Gary Busey’s Bogus DUI Arrest in Malibu Sends Bloggers into a Froth.

by Michael Kraut

Last Thursday, actor Gary Busey got pulled over on the Pacific Coast Highway under suspicion of a Los Angeles DUI, after two “reporters” told police that Busey had been driving his Mercedes erratically on the PCH. When Busey got stopped, the couple, Mark Abel and Patrice Karst, began snapping up photos – perhaps to try to sell to the tabloids for a pretty penny.

As anyone who has been pulled over for Burbank DUI, Glendale DUI, Los Angeles DUI, or Pasadena DUI can tell you, getting stopped by a police officer is both a harrowing and embarrassing ordeal. Although Mr. Busey himself was found to be “perfectly sober,” according to reports, both Karst and Abel got arrested at the scene for interfering with a DUI investigation. Furthermore, Karst got charged with illegal possession of marijuana.

Obstructing a police officer investigation is a criminal offence. It remains to be seen whether these two wannabe paparazzi will be prosecuted harshly. Gary Busey, meanwhile, must surely be traumatized by the incident. Several years ago, Busey was involved in a near fatal motorcycle accident. He has since devoted much time to speaking to motor safety groups.

Let’s take a deeper look at how a typical Beverly Hills DUI investigation actually works.

#1. Officer sees a sign that you might be intoxicated and pulls you over.

Perhaps you drove erratically, swerved out of a lane, or operated a vehicle with a broken taillight.

#2. Field sobriety tests administered.

The officer will administer field sobriety tests – FSTs – to determine whether you are under the influence or not. The FSTs include balancing tests, mental tests, tests of physical co-ordination, and a general “sizing up” of your demeanor, behavior and attitude.

#3. Chemical test given.

Depending on circumstances – for instance, if the officer smells alcohol on your breath or if you fail an FST – you may be asked to take a PAS (“Preliminary Alcohol Screening”) test, which will give a guesstimate as to your BAC level (Blood Alcohol Concentration).

#4. Arrest.

Depending on how you do on your tests, the officer may determine that you are in fact under the influence of alcohol or other intoxicants and place you under arrest.

A smart, experienced, and educated Los Angeles criminal defense attorney can provide much needed guidance if/when you or a loved one gets charged with a Beverly Hills DUI. LA criminal law is exceptionally complicated, and the penalties for conviction can include not just jail time but also license suspension, strict probation, steep fines, and many other unfortunate short and long-term consequences.

To protect yourself, connect with Attorney Michael Kraut immediately at the Kraut Criminal & DUI Lawyers. His local Beverly Hills offices are located at: 9107 Wilshire Boulevard, Suite 450, Beverly Hills, California 90210. Phone Number 310-550-6935.

Get solid help from a former Deputy District Attorney (city prosecutor) to forge your best defense today.

January 10, 2011

Major Beverly Hills DUI News: “My Name is Earl “Actress Arrested and Held on $15,000 Bail

by Michael Kraut

Last Wednesday evening, Jaime Pressly, a 33-year old actress best known for her role on the sitcom My Name Is Earl, got pulled over for a Los Angeles DUI in Santa Monica after police witnessed her committing a traffic violation. According to reports by TMZ.com, Pressly failed a field sobriety test and got taken to jail in Santa Monica. She was ultimately released on a $15,000 bail. Based on her high bail amount, some pundits speculated that — since Pressly had not been driving with minors and had not been involved an accident — she likely had an extremely high BAC level (over 0.15%). Police have not yet confirmed or denied this rumor.

If someone you care about has been similarly pulled over for Beverly Hills DUI (or DUI in Pasadena, DUI in Glendale, DUI in Burbank, DUI in Los Angeles, or anywhere else in the Southland region) — likely, you feel some empathy with the actress, who appears clearly fatigued in her mug shot (see adjacent picture).

This is the first DUI charge Pressly has ever faced – and it marks a distinct downturn in her career from 2007, when she won an Emmy for Best Supporting Actress. After the 2009 cancelation of My Name is Earl, Pressly appeared in commercials for Axe as well as Rules of Engagement on CBS (as a guest star).

Let’s learn a bit more about Beverly Hills DUI field sobriety tests — tests similar to the ones that Pressly allegedly failed. Almost inevitably, your first test will be something called the horizontal gaze nystagmus test. This is a pupil reaction examination. An officer will flash a light in your eyes to determine whether your pupils respond normally. DUI drivers will tend to have a lagging reaction.

Next up on your docket, you will face mental and physical coordination tests. These include the “famous” FSTs you’ve likely seen on movies and cop shows. They include balancing on one leg (the one leg stand test), walk the line (where you pace back and forth across a line) and of course the finger to the nose test — where you close your eyes, stick out your hands and attempt to touch your nose with the tips of your fingers. Police may also make you do things like count backwards or say the alphabet backwards.

Police will also be looking for symptoms of Beverly Hills DUI, such as odor of alcohol on your breath or general discombobulation or uncoordination. Police may also ask you to submit to a preliminary alcohol screening (PAS) test. The breathalyzer is a machine that uses chemical analytics to determine your so-called blood alcohol concentration (BAC). If this number is greater than 0.08%, you can be arrested and charged with DUI in Southern California.

Whether you have been arrested for the first time in your life — like Jaime Pressly was – or you are facing a second, third, or other multiple charge, you need and deserve superior legal representation. Connect immediately with a Los Angeles criminal defense attorney to get a free consultation. Attorney Michael Kraut of the Kraut Criminal & DUI Lawyers is at your service. Attorney Kraut is an experienced, Harvard Law School educated former prosecutor who has tremendous connections with those in Los Angeles DUI community and who has an excellent track record and compassionate, systematic approach to client defense.

Attorney Kraut’s Beverly Hills offices are located at 9107 Wilshire Boulevard, Suite 450, Beverly Hills, California 90212 (phone number 310-550-6935).

January 7, 2011

Burbank DUI Analysts and Sports Fans Alike Flummoxed by Former Bucs QB’s Tampa Arrest

by Michael Kraut

Outlets that cover stories of sports stars busted for driving under the influence in Burbank (and elsewhere) have been spilling a lot of ink over the Sunday morning arrest of Shaun King, a former quarterback for the Tampa Bay Buccaneers. The 33 year-old got pulled over on US 301; after King refused to take a blood alcohol test, he was arrested and held until the morning, when he made a bail of $500.

Those of you who’ve recently been arrested for Burbank DUI, driving under the influence in Pasadena, Glendale DUI, or Los Angeles DUI may have a visceral sense for the emotional challenges that the QB went through as he spent the night at jail. King played for both the Bucs and the Arizona Cardinals over 7 seasons and currently serves as an analyst for Bright House Sports Network and co-hosts a local Tampa Radio sports show. He actually appeared on his radio show the day after his DUI bust and issued thanks to supporters. He didn’t comment explicitly on his case and referred to it only as “a very unfortunate circumstance over the weekend.”

Shaun King’s reticence to discuss his charges publicly may seem “haughty” to fans who like to see celebrities air their dirty laundry as a kind of penance. But the practice of not saying too much during and after a DUI arrest is a savvy one. Providing too much unnecessary disclosure can actually hamper your ability to construct a top level defense.

Analysts should also note that King refused his blood alcohol test. In some senses, this is unsurprising. Burbank DUI breathalyzer tests are notoriously unreliable. The breathalyzer machine ostensibly uses sophisticated chemical methods to determine your blood alcohol concentration (BAC) level and thus give police officers information about whether you’re DUI or not. A BAC reading of 0.08% or greater is enough to get you tagged with DUI, although you can still be arrested in certain circumstances even if your BAC is below this cut off.

Why is the breathalyzer a less than an ideal method of “sussing out” BAC levels? Here are seven quick reasons:

1. Breathalyzer tests do not discriminate between men and women.
2. Diabetics can blow “false positives” on breathalyzers because chemicals in their breath interfere with the sensors.
3. Calibration errors can lead to false positives.
4. If you blow extra deep into the machine (like the officer might ask you to), you can actually register a higher BAC than you really have.
5. Improper care of breathalyzer can cause it to malfunction.
6. Poor administration of the machine can also lead to false readings.
7. Other chemicals aside from alcohol can influence the breathalyzer.

To construct an appropriate Burbank DUI defense, connect immediately with an experienced Los Angeles criminal defense attorney. Mr. Michael Kraut of the Kraut Criminal & DUI Lawyers can provide immediate assistance for Burbank DUI defendants at 818-563-9810. His offices are conveniently located at 2600 West Olive Avenue, 5th Floor, Burbank, California 91505. Mr. Kraut is a former prosecutor who boasts a Harvard Law School education and a nearly perfect record at jury trials.

November 3, 2010

Los Angeles DUI Analysts Ponder Oklahoma State Wide Receiver’s Big Texas Bust

by Michael Kraut

Many major Southern California DUI stories pertain to celebrity arrests, politician mishaps and “news of the weird” items like lawnmower DUI. But the DUI blogging community has been tracking a surprisingly high number of athlete DUIs lately – particularly in the Midwest. The latest celeb-athlete DUI arrest occurred in Texas last Monday, when Justin Blackmon, an Oklahoma State wide receiver — who, incidentally, boasts an astounding 1,112 receiving yards and 14 touchdowns this year — got pulled over and arrested, after an officer caught him zipping along Interstate 35 at 92 miles per hours in a 60 mile per hour zone.

If you have been caught and booked on charges of DUI in Pasadena, DUI in Glendale, DUI in Burbank, or DUI in Los Angeles, you might be able to relate to what happened to Mr. Blackmon. Apparently, the 20 year-old had been cruising on the highway after attending a Dallas Cowboys’ game. A spokesperson for the Carrollton Police Department reported that Blackmon failed a field sobriety test after he got pulled over for speeding.

In Texas, even trace amounts of alcohol in the system can lead to serious penalties for minors under the age of 21. While slightly different rules apply to California drivers, field sobriety tests across the nation have remarkably similar features. If you have been pulled over for driving under the influence in Los Angeles, you may have had to take field sobriety tests — exams which theoretically help officers determine your mental and physical state.

A typical first test is the horizontal gaze nystagmus test, during which an officer measures pupil reaction time to a stimulus (such as a flashlight). A slow reaction might indicate Los Angeles DUI. Subsequent tests will examine your balance. These could include the “walk the line test,” “one leg stand test,” “Rhomberg test” (tilting your head backwards and counting to 30), and the “finger to the nose test.” An officer may deploy some or all of these tests, and he or she may also test your mental facilities by asking you to do things like recite the alphabet backwards. Officers will also search for so-called “symptoms” of Southern California DUI, such as odor of alcohol on your breath, lack of physical or mental coordination, bloodshot eyes, inappropriate behavior, and admission to having consumed alcohol recently.

So what can you do if you or a loved one has recently been tagged with a charge of Los Angeles DUI? Whether you are a big sports star like Justin Blackmon or a “non celebrity,” the punishments for a conviction – even for a misdemeanor conviction – could be quite painful and severe. A qualified and experienced Los Angeles DUI lawyer can help you develop your case.

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.

August 4, 2010

A Lesson for All Would-Be Southern California DUI Drivers: From a 13-Year-Old Girl

by Michael Kraut

No one disputes that driving DUI in Los Angeles is dangerous – and that conscientious people should do everything in their power to prevent friends and relatives under the influence from getting behind the wheel. But a rare story out of Islip, New York drives home this point in emotionally compelling fashion. The story involves a 13-year-old girl who called 911 after her mom insisted on driving DUI in spite of having her and her 10-year-old brother as passengers.

CNN reported that the 13-year-old daughter of Jamie Hicks called 911 last Sunday, while her mom was weaving on I-84 near Connecticut. The New York State Police pulled Ms. Hicks over and arrested her after she failed a field sobriety test. Her BAC level tested at 0.18% – more than twice the legal limit for Southern California DUI. According to CNN, Ms. Hicks will appear in court on August 17th to face an array of charges, including charges of endangering minors.

It obviously took guts for the young woman to call the police — she clearly did not want to see her mother put behind bars — but perhaps her act averted disaster.

Moving to another important general lesson, let’s talk again about Southern California Field Sobriety Tests (FSTs) – what they are, how they have bearing (or not) on cases, and what you should do if you’ve been arrested for driving under the influence in Pasadena — hopefully not with young children in your car.

Field Sobriety Tests are mental and physical exams given by police officers. A common mental test involves saying the alphabet backwards. Physical exams include the horizontal gaze nystagmus test, which is essentially a pupil reaction time test. DUI individuals tend to have slower reaction times. Balancing tests include: walk the line, one leg stand, finger to the nose and rhomberg (where you tilt your head backwards and count from 1 to 30).

In theory, Field Sobriety Tests (FSTs) should do a pretty good job determining who is DUI in Pasadena and who is not. But in practice, the tests can be extremely problematic. First of all, drivers pulled over under suspicion of DUI tend to be nervous, jittery, uncomfortable, nauseous, and otherwise out of sorts. Their behavior (e.g. stumbling and fumbling) may have nothing to do with whether or not they are under the influence and everything to do with their natural disposition or their feelings of fear. Also, the National Highway Traffic Safety Administration (NHTSA) has suggested that all but three of the FSTs that police officers typically use – the horizontal gaze nystagmus, one leg stand, and walk and turn tests – really don’t show a correlation between impairment due to alcohol and performance.

For example, someone who is DUI may have a fantastic memory and may be able recite the alphabet backwards by rote even with a BAC of 0.20.

If you have been pulled over for Southern California DUI, you likely need a smart and experienced attorney in your corner to investigate the arrest and help you come up with a strategy to deal with the charges. Sometimes that strategy may involve trying to get the charges excused completely. Other times, it might involve trying to plea bargain down the charges so you will face a lesser offense and reduced punishment.

July 21, 2010

Celebrity Los Angeles DUI Bloggers Weigh in on RFK Jr.’s Wife’s Charge

by Michael Kraut

Two months ago, Mary Kennedy, the soon-to-be ex-wife of Robert F. Kennedy, Jr., was pulled over for DUI in Bedford, New York – a surprising arrest that sparked heated discussion among the bloggers and pundits who track celebrity Los Angeles DUI matters.

Background of her arrest follows:

On May 13th, the day after Mr. Kennedy filed for divorce, he and Mary Kennedy had a public fight regarding whether or not they should take their four children to a carnival. Officers got called to resolve the domestic dispute, at which time, according to police documents, Mr. Kennedy accused his wife of being “intoxicated and…acting irrational.”

On May 15th, the Bedford police pulled over Mrs. Kennedy at around 9:15 p.m. after she was seen driving onto the curb on Greenwich Road. The arresting officer noted that her speech was slurred, and her BAC tested at higher than 0.08% – the legal limit for DUI in Southern California as well as New York. To-date, neither party has made public comments on the upcoming divorce filing. On July 22nd, Mrs. Kennedy will have her day in court for her DUI.

Broader Implications
Whether you are pulled over for driving under the influence in Glendale or Bedford, NY, police will examine a range of evidence to render a judgment about whether you are DUI or not. The arrest report noted that Mrs. Kennedy had slurred speech, which can be a symptom of DUI in Glendale (or really anywhere in the country). What other symptoms do officers look for? Here is a partial list:

• Incoherent or inconsistent stories about where the person has been/is headed.
• Incomprehensible or overly slow or overly rapid responses to police questions.
• Slurred speech.
• Bloodshot/watery eyes.
• Poor motor control.
• Any kind of inappropriate reaction, such as manic or overly aggressive behavior.
• Odor of alcohol on the person or in the person’s vehicle.
• Lack of balance.
• Abnormally slow pupil reaction time (failing the horizontal gaze nystagmus test)

What if you or a loved one failed a Pasadena DUI sobriety test? What can you do to shield yourself against potential legal blowback and clear your record? Furthermore, how can you prevent getting into dangerous and legally uncomfortable situations like this again?

Your best strategy may be to find an experienced and reputable Los Angeles DUI attorney.

July 14, 2010

Southern California DUI Blogs Buzz about Seahawks Runningback’s Arrest

by Michael Kraut

Southern California DUI reporters have been furiously blogging the past week about the arrest last Saturday of Quinton Ganther, a runningback for Seattle Seahawks. The 25-year-old Ganther played for the Washington Redskins last season and rushed for more than 200 yards. The Seahawks signed him to compete to play on the 53-man squad as a reserve runningback.

According to the Seattle Times, Ganther was driving around 3:45 early Saturday morning near Sacramento when the California Highway Patrol (CHP) pulled him over and took him into custody. After a stay at the Sacramento County Jail, Ganther secured release by making a bail of nearly $1,500. Ganther’s Southern California DUI arrest is just the latest in a series of legal problems for Seahawks players. Leroy Hill, a teammate, was busted in April for charges of domestic violence and assault – he could be going to trial potentially this month. And Kevin Ellison, a safety, got arrested in May for possessing Vicodin tablets that he didn’t have a prescription for. (Technically, Ellison was on the roster of the San Diego Chargers during that arrest. Subsequently, the Chargers waived his contract, allowing him to sign with the Seahawks.)

Whether you get pulled over for DUI in Long Beach, Laguna Beach, or Sacramento, police officers will (or at least should) subject you to similar treatment. In particular, they will look for so-called “symptoms” of Southern California DUI. Here is a partial list:

• Impaired motor skills
• Odor of alcohol or other intoxicants on the breath
• Eyes are watery and bloodshot
• Incoherent responses to police questions
• Problems fishing out a wallet or driver’s license
• General stumbling and fumbling
• Disheveled appearance
• Demeanor that’s out of the ordinary – e.g. excitable, overly defensive, belligerent
• Incoherent explanation of where the person has been
• Admission to using alcohol, prescription medications, narcotics, or other substances.

If convicted of a charge of Long Beach DUI (or really, DUI anywhere in the Golden State), you can face a variety of scary penalties, including jail time, harsh fines, driver’s license suspension, mandatory alcohol school and probation. And that’s all for a Los Angeles DUI conviction that’s not further complicated by injury or serious property damage.

How much trouble are you in? And what can you do about your arrest?

July 12, 2010

Los Angeles DUI Convicts to Face Mandatory Ignition Interlock Device Installation

by Michael Kraut

Last Thursday, July 1, California’s new test program to curb DUI in Los Angeles by compelling first time convicts to install interlock ignition devices (IIDs) went into effect. The pilot program will affect four California counties – Los Angeles, Sacramento, Alameda, and Tulare.

A study through the International Council on Alcohol, Drugs and Traffic Safety found that convicts compelled to install IIDs were significantly less likely to get arrested again for driving under the influence. Local politicians celebrated this development – assemblyman Mike Feuer was quoted in the Associated Press saying that the law can “save hundreds of lives here.”

The new DUI in Los Angeles punishment experiment will last for five years, after which time California lawmakers will analyze its efficacy and decide whether to expand the program – which is already at work in some fashion in 13 states across the country.

Los Angeles DUI offenders will, per the law, have to pay $125 to install the IID and $60 monthly to maintain it. Low income offenders may be granted some dispensation on these prices. On top of this, convicts must pay a one-time administrative fee for the IID of $45.

How will the number of convictions figure into the cost-calculus?

First time offenders — will have to have devices in for at least five months. Based on the numbers quoted in the AP, that should add up to $470: $125(installation) + $45(fee) + $300(total monthly fees).

Second time Burbank DUI offenders — will have the device installed for 12 months. That should be a total of $990: $125(installation) + $45(fee) + $720(total monthly fees).

Third time offenders — will have an IID in for 24 months, bumping the total cost up to $1,710: $125(installation) + $45(fee) + $1440(total monthly fees).

Fourth time Southern Californian DUI offenders (within 10 years) — will have to have an IID for 36 months: $125(installation) + $45(fee) + $2160(total monthly fees).

If a driver gets into an injury accident while DUI, the installation times will double.

What can you do if you or a loved one has been tagged with a charge of driving under the influence in Burbank? A skilled and battle-tested attorney can make a huge difference.