DUI Field Sobriety Tests

July 7, 2010

Detroit Lions’ President Busted for Driving Nearly Three Times the Southern California DUI Limit

As students of this blog know, the legal limit for Los Angeles DUI is a blood alcohol concentration of 0.08%. Well, Tom Lewand, the President of the Detroit Lions, got pulled over the Friday before last for driving with a BAC of 0.21% – nearly three times Detroit’s (and California’s) legal limit!

According to the police report, Lewand was driving in Denton Township to pick a buddy up – he was, ironically, to be the designated driver for their night out on the town. A deputy from the Roscommon County Sheriff’s Department pulled him over, noticed “a strong odor of intoxicants coming from the driver compartment of the vehicle” and subjected Lewand to field sobriety tests. Allegedly, Lewand quickly failed those – he lost his balance while trying to stand on one leg and failed the so-called “finger to the nose” test by touching his lip instead of his nose.

Despite the President’s claim that he had “not drank in a year-and-a-half;” subsequent to the incident, he promised that he was in “active recovery.” William Ford, the owner of the Lions, went on record as providing “full support” for his embattled President. If Lewand gets convicted, he can be subjected to significant penalties – not just according to Detroit state law but also according to the NFL, which must enforce its personal conduct policy.

If you get stopped for a Beverly Hills DUI, Pasadena DUI, or any other similar charge in Southern California, police will likely ask you to perform field sobriety tests similar to the ones that Lewand faced (and allegedly failed). Let’s quickly go over what these are.

Field Sobriety Tests (FSTs) challenge the driver’s mental and physical coordination. The horizontal gaze nystagmus test measures how fast the driver’s pupils respond to a stimulus. Slow reaction time could indicate DUI. Other tests of physical coordination include the aforementioned one leg stand and finger to the nose tests as well as the Rhomberg test, in which a suspect must lean his/her head backwards and count up to 30.

A driver suspected of being DUI in Beverly Hills may also be asked to recite the alphabet backwards and to do other tasks to demonstrate mental awareness and competency. Finally, a police officer might look for behavioral and other clues that you might be under the influence, including odor of alcohol on or around you, bleary bloodshot eyes, slowness in responding to questions, and erratic temperament.

Responding effectively and proactively to a charge of Los Angeles DUI can make a world of difference in terms of what punishments the court hands out to you. An inept or inadequate defense can leave you facing significant jail time, huge court costs and fines, intense probation, and a lengthy suspension of your California driver’s license. On the other hand, if you work together with an experienced Los Angeles DUI defense attorney, you might be able to fight back against the allegations or, at the very least, get your punishment substantially softened.

June 30, 2010

Ex-NFL Star Enters “Not Guilty” Plea to Southern California DUI

by Michael Kraut

Corey Dillon, a former running back for the Cincinnati Bengals and the New England Patriots, pled not guilty to charges of driving under the influence in Southern California stemming from an April 21st arrest in Malibu on Mulholland Drive. According to reports, Dillon had been driving with a friend in a red Camaro, when officers noticed the car was driving slowly and awkwardly. They pulled Dillon over and arrested him for driving under the influence in Southern California (Calabasas, to be specific).

Just 10 days following his DUI arrest, Dillon got arrested again on separate charges of domestic violence. Prosecutors ultimately did not file charges against him for this arrest, and his wife subsequently recanted her allegations.

Dillon got arrested for two charges of Los Angeles DUI – but what does that exactly mean, legally speaking? What laws prohibit drivers from consuming alcohol/drugs and getting behind the wheel? The answer may have significant relevance to your case, if you or a loved one has been similarly arrested for DUI in Southern California.

The relevant laws include California Vehicle Code Sections 23152(a) and 23152(b). The first CVC section says that, if police officers stop you while you drive under the influence of either drugs or alcohol, you can be charged with a crime – either a misdemeanor or felony. If convicted, you can face a host of penalties, ranging from jail time to loss of your California driver’s license to serious fines and court costs. (You will also face secondary and tertiary consequences, including the onus of having a criminal record and potentially the loss of the right to vote, if you are convicted of a felony.)

23152(b) defines Southern California DUI as driving with a blood alcohol concentration (BAC) in excess of 0.08%. Violating 22152(b) will net you similar consequences.

If you hurt someone while driving under the influence, you could be charged under two different CVC sections – 23153(a) and 23153(b). An injury Southern California DUI can elevate what would ordinarily be a misdemeanor charge to a felony – a much more serious count.

So, if you or someone you care about has been charged with Southern California DUI (like Corey Dillon), what can you do to build an efficient defense? In almost all cases, you will want to quickly connect with a creditable and a battle-proven Los Angeles DUI attorney.

June 23, 2010

Painter Thomas Kinkade Stopped for Southern California DUI

by Michael Kraut

Thomas Kinkade, a bestselling painter known for his gausy landscapes and overtly religious themes, was arrested for driving under the influence in Southern California on June 11 in Carmel. According to arrest reports, police pulled over the 52-year-old after they noticed that his 2006 Mercedes lacked a front license plate. An officer smelled alcohol on Kinkade’s breath and called in the CHP to conduct a field sobriety test. Kinkade allegedly failed these tests, and the police booked him into Monterey County jail.

Kinkade’s business dealings had already been under a cloud as result of ongoing bankruptcy proceedings. One of his two companies – Pacific Metro – filed bankruptcy less than two weeks before his Southern California DUI arrest. Kinkade is a self-made artist – he started selling his paintings in the parking lots of supermarkets. Today, he controls a not-unsubstantial artistic empire – or at least he did before his Morgan Hill Production company filed for Chapter 11.

When someone like Kinkade gets pulled over for driving under the influence in Pasadena, what kinds of Field Sobriety Tests (FSTs) will he or she be subjected to? Here is a brief guide:

1. Horizontal Gaze Nystagmus Test

This is an eye examination — a test for pupil reaction response. A slow response could indicate a Pasadena DUI.

2. Walk the Line

A suspect is asked to take several paces across a line (often a road divider). This is a balance test. If the driver cannot stay on the line, DUI may be suspected.

3. One Leg Stand Test

Another balance test. Suspect has to balance on one foot for a duration. Obviously, stumbling or falling might indicate DUI.

4. Rhomberg Test

Yet another balance test. The suspect must tilt his or her head backwards and count for a duration. Again: stumbling, tipping, or a loss of balance might indicate DUI.

5. Finger-To-The-Nose Test

Suspect must stretch her arms and attempt to touch her fingers to her nose with her eyes closed. If she misses her nose, DUI can be suspected.

Officers can also request a suspect to recite the alphabet in reverse or pass other tests of mental coordination. Failures, incoherent responses, and non-cooperation may all be construed to indicate potential intoxication.

Have you or a loved one has been pulled over for driving under the influence in Pasadena or elsewhere in Southern California?

June 21, 2010

Actor Chris Klein Snagged for Los Angeles DUI

by Michael Kraut

Actor Chris Klein – best known for his roles in the American Pie series and the 1999 movie Election (with Reese Witherspoon) – got arrested for driving under the influence in Los Angeles last Wednesday, after police spotted him weaving in and out of lanes on the 101 in Sherman Oaks.

According to reports from outlets like TMZ.com, CHP officers pulled Klein over around 3:15 a.m. and gave him a Field Sobriety Test, which he failed. He was taken into police custody and later released on his own recognizance. The 31-year-old actor has been arrested for driving under the influence in Southern California before. In 2004, he got pulled over in San Diego County. He pled guilty to a misdemeanor DUI charge. The court penalized him with 150 hours of community service and a fine of $1,800. More recently, footage surfaced of Klein auditioning for the musical Mama Mia. On tape, the actor behaved in a bizarrely overeager fashion. Was he creating a spoof, or was he legitimately trying hard to win the audition? Who knows. But the tape certainly fired up the blogosphere. And this latest Los Angeles DUI arrest will likely only fuel the blaze.

If, like Klein, you get pulled over multiple times for driving under the influence in Southern California – whether for DUI in Burbank or DUI in Long Beach – you may face penalties above and beyond what a first time conviction will net you. Second time misdemeanor offenders will get additional jail time (at least 4 days as opposed to 48 hours in custody), a longer driver’s license suspension (two years instead of one year), longer forced DUI alcohol school (minimum of 18 months as opposed to six weeks), and increases in the intensity and restrictions of probation as well as court costs and fines.

Third and fourth time DUI in Burbank offenders will obviously get even stricter penalties tossed their way. Jail time, for instance, increases to a minimum of 120 days with a maximum of a full year. Your CA driver’s license will be suspended for three years minimum, and so forth. A fourth Southern California DUI within 10 years can be elevated to a felony – even if no complicating factors exist (such as injury or excessive negligence).

What should you do if you or a loved one finds yourself facing a charge similar to Klein’s?

Given the scary realities of a potential conviction, it makes sense to consult with a reputable and results-proven lawyer.

June 16, 2010

Former Yankee Busted for Los Angeles DUI

by Michael Kraut

Hideki Irabu, former Major League pitcher for the Yankees, Expos and Rangers, got pulled over for driving under the influence in Los Angeles on May 17th on Redondo Beach Boulevard, according police reports. The 41-year-old Irabu had played for professional teams in Japan before coming to the United States to play in the Majors. Although Yankees fans generally liked Irabu, the pitcher famously publicly clashed with Yankee’s owner, George Steinbrenner.

According to police officers, Irabu was driving on Redondo Beach Boulevard, weaving in and out of lanes. Officers saw him nearly graze a parked car. They pulled him over, booked him around 2 AM, and released him on $5,000 bail the next morning at 10:30. Prosecutors may formally charge the former pitcher shortly.

Irabu is no stranger to scrapes with law enforcement. In August 2008, while visiting Osaka, Japan, he allegedly assaulted a bar manager over a bar tab after downing nearly two dozen glasses of beer.

If, like Irabu, you (or someone you love) face a similar charge of driving under the influence in Long Beach or elsewhere in Los Angeles, you could be facing consequences spelled out by California Vehicle Code Section 23152(a) or 23152(b).

23152(a) says that if the police stop you while you are driving a car while DUI (on drugs or alcohol), then you can be charged with a criminal act. A conviction could result in a criminal record, driver’s license suspension, jail time, significant fines, and all sorts of frustrating secondary consequences. For instance, your insurance rates may go through the roof, you may lose your job, and you may face stigma for your criminal record for years to come.

23152(b) makes it a crime to drive with a blood alcohol concentration of greater than 0.08%, and the same consequences stipulated in 23152(a) will await you.

So how can you effectively navigate charges of Long Beach DUI?

You could theoretically represent yourself or leave your case in the hands of a public defender. But consider how much is on the line for you. Jail is no joke, and while the short-term penalties can be excruciating and embarrassing, the long-term consequences can be practically unbearable. Thus, it almost always behooves defendants to connect with a reputable and experienced Los Angeles DUI attorney, who knows the laws as well as the people involved.

June 7, 2010

Celebrity Los Angeles DUI Bloggers Agog Over Real Housewife DWI Arrest

by Michael Kraut

Blogs and tabloids devoted to the topic of celebrity Southern California DUI arrests lit up last week after Sonja Morgan — one of the newest members of the “Real Housewives of New York City” cast — was busted for DWI in South Hampton Village, New York. According to the New York Post, the 46-year-old actress hurtled through a stop sign near First Neck Lane just after 2 in the morning. Allegedly, she had been partying with friends on East End over the holiday weekend. Morgan recently divorced John Adams Morgan, the great grandson of financial tycoon J.P. Morgan. Allegedly, she refused to take a breathalyzer at the scene. No court date has been set yet for her DUI charge. It’s also unclear whether or not her arrest will impact her appearance on Bravo’s hit reality TV series.

When you read about arrests like Morgan’s – whether they are celebrity run-ins with police or more “pedestrian” arrests for, say, DUI in Glendale — the focus is often on breathalyzer tests. But what are breathalyzers? Do they really work? And if you have been pulled over for driving under the influence in Pasadena, can you challenge the results of these tests?

Breathalyzers are chemical tests for DUI. Essentially, a breathalyzer is a portable chemical analysis machine. You blow into it. The machine analyzes the chemical composition of your breath. From there, a police officer is supposed to be able to extrapolate your level of blood alcohol concentration.

The machine is a great idea in theory. The problem is that, in practice, many things can skew the results.

For instance, if you are diabetic, you might have chemicals in your breath that might read as alcohol and thus yield a false positive. Also, men and women process alcohol at different rates and this can skew the results. Even the depth of the breath you breathe out can radically swing the results. If you breathe out shallowly, you will have a lower BAC rating (in general) than if you breathe a deep breath out. (Note: This may explain why many police officers encourage Los Angeles DUI breathalyzer suspects to breathe deeply into the breathalyzer).

An experienced Southern California DUI attorney can help you challenge breathalyzer results on a number of grounds – from challenging the care and handling of the machine itself to attacking the administration and testing to calling into question other details of the arrest or police work.

To build a solid case, however, you need an attorney who has been around the block with Southern California DUI defenses.

May 19, 2010

NCAA Championship Guard Arrested for Driving under the Influence in Southern California…in a Golf Cart!

by Michael Kraut

JJ Hones, a 22-year-old point guard for the NCAA Championship Stanford women’s basketball team, was arrested on May 2nd for DUI in Southern California under very extraordinary circumstances. According to arrest reports, Hones was recklessly driving a golf cart across campus. When police attempted to pull her over, she at first evaded arrest. Police finally caught her and gave her a field sobriety test, which she allegedly failed. They then took her to Santa Clara County Jail.

The senior was kicked off her team the following Monday. Hones had been struggling under multiple knee injuries, but she had intended to play another season prior to her arrest. So far, charges have not been handed down. Fortunately, no one was injured in the incident.

If you get pulled over — whether for recklessly driving a golf cart DUI in Pasadena or for causing an injury DUI in Burbank — chances are that you will be subjected to field sobriety tests (FSTs) similar to the ones that JJ Hones faced. But what are these field sobriety tests? How do they work? What do officers look for? And how do the courts typically interpret their results?

Although officers do have leeway in terms of how they conduct FSTs; typically, they subject suspects of Pasadena DUI to the following:

1. Horizontal Gaze Nystagmus Test – The subject is asked to follow a light or object with her eyes. If reaction time of the pupils is sub-par, DUI may be suspected.

2. Walk The Line Test – Suspect is asked to walk nine paces in both directions on a line (typically a road divider line). If the suspect loses her balance or fails to complete the paces, she may be suspected of Los Angeles DUI.

3. Finger to the Nose Test – Suspect is asked to close her eyes and reach her hands out to the sides and then bring them in to touch her nose. If she misses or loses her balance, DUI may be suspected.

4. Stand on One Leg Test – Suspect is asked to stand on one leg for about 90 seconds. If she loses her balance, DUI may be suspected.

Another balance test requires the suspect to tilt her head backwards and count to 30. If she loses her balance, she could be suspected for DUI.

Officers will also observe your behavior. Is there odor of alcohol on you? Are you slurring your words? Is your story coherent? Are you acting belligerent, lethargic or otherwise strangely?

If you fail a sobriety test and get arrested for driving under the influence in Pasadena or elsewhere in Southern California, you may need smart legal representation to protect your rights and ensure that you get fair treatment.

May 3, 2010

Former NFL Runningback Busted for Southern California DUI

by Michael Kraut

Corey Dillon, a retired NFL runningback who played for the Cincinnati Bengals and New England Patriots, was pulled over for driving under the influence in Southern California at 4 a.m. last Wednesday, according to officials from the Lost Hills Sheriff’s Station.

The 35-year-old Dillon was stopped in his 2010 Chevy Camaro near the 101 Freeway on Mulholland Drive. Allegedly, he had a male passenger with him. The lieutenant who filed the report said that “Mr. Dillon displayed multiple symptoms of being under the influence… and admitted to having been drinking earlier in the evening.” Authorities released Dillon later on a $5,000 bail, pursuant to his agreement to show up in court on June 21 in Malibu to face the charges.

The 35-year-old retired from active NFL duty in 2007. He was a member of the 2004 New England Patriots World Championship team.

If you get pulled over for driving under the influence in West Hollywood, Beverly Hills, Malibu, or a less ritzy town in Southern California, police will likely subject you to a series of tests to determine whether you are under the influence. The order of these roadside sobriety tests can vary. But police usually stick close to a preordained script. The tests typically include:

1. Horizontal Gaze Nystagmus Test

Officer administers an eye exam – ordering the driver to follow a moving object. DUI might be suspected if the pupils bounce back and forth or the driver cannot follow the object.

2. Walk the Line Test

Driver is asked to walk nine paces forwards and backwards. If he or she falls over or stumbles, DUI might be suspected.

3. One Leg Stand

This is another balance test. It is very straightforward. The suspect simply stands on one leg and tries to balance for 30 seconds. If the driver trips over, DUI might be suspected.

4. Romberg Test – another balance exam. In this one, the suspect tilts his head backwards and counts till 30. Again, any kind of stumbling or falling might indicate Los Angeles DUI.

5. Finger to the Nose

This test is often portrayed in TV and films. A driver closes his eyes, stretches his arms and attempts to touch his fingers to his nose. A lack of coordination could indicate DUI.

6. Other tests

Officers can ask drivers to perform other tests of mental acuity and physical coordination. They will also look for signs of a lack of balance as well as eclectic behavior.

What to Do If You or a Family Member Has Been Charged with DUI in Beverly Hills (or elsewhere in Southern California)?

In the vast majority of cases, it will behoove a defendant to retain an expert DUI attorney. Your charge may seem straightforward and relatively minor. But if you put up an inaccurate or less than effective defense, you could wind up with serious jail time, fines, forced alcohol school, license suspension, and numerous other penalties.

April 14, 2010

Sports Celebrity Los Angeles DUI Blogs Debate Chris Chelios’ Sentence

by Michael Kraut

While celebrity Los Angeles DUI blogs typically report on misbehavior of Hollywood A-listers, such as Mel Gibson and Nick Nolte; this week, former NHL great Chris Chelios’ battle with DUI in Chicago is consuming much of the blogosphere’s oxygen.

Chelios — who formerly played for the Chicago Blackhawks and who helped his teams bring home three Stanley Cups — was stopped on December 28 at 4 a.m. under suspicion of DUI in Westmont, Illinois. Last Wednesday, prosecutors finally agreed to drop DUI charges against Chelios, although the NHL legend did agree to pay $500, plead guilty to speeding and improper lane use, and consent to half a year of conditional probation.

At issue in this case was a 50-minute long police videotape of the stop, during which Chelios admitted to having had a few drinks before driving. Judge Pierce ruled that the video showed that police did not have probable cause for the stop, and he blocked prosecutors from using the arrest tape at trial. This move convinced prosecutors to give up their attempt to pin the DUI on Chelios.

The NHL legend (who still plays professional hockey with the Atlanta Thrashers, even though he is 48 years old) issued a contrite statement after prosecutors dropped the DUI charge, saying that: “I’m going to learn from it.”

What happens at a typical Southern California DUI field sobriety test?

Officers test suspects both physically and mentally.

o The most common first test is called the horizontal gaze nystagmus test, in which an officer tracks the suspect’s eye movements to see whether he or she can follow an object.
o Another test is “walk the line.” Police ask the driver to pace nine steps in one direction and nine steps back — often on a marked line. If the driver loses his or her balance, that might indicate DUI.
o The one-leg stand test requires the driver to stand on one foot for 90 seconds. Again, a loss of balance could indicate DUI.
o Next up is the Rhomberg test, in which a driver must lean back and count to 30. A loss of balance (such as stumbling backwards) could indicate DUI.
o The finger-to-nose test also assesses coordination.
o Officers can also use tests like reverse counting or even subjective measures to determine whether someone has been driving under the influence in Southern California.

Whether you’re charged with a DUI in Burbank or a DUI in Glendale or elsewhere in the Los Angeles County area, you’ll likely need good legal representation to develop a solid defense to charges against you.

Differences among Los Angeles DUI attorneys abound. Not all Burbank DUI lawyers are equally skilled at handling prosecutors and going to trial.

March 15, 2010

Los Angeles DUI Blogs Abuzz with News of Miami Heat’s Dorell Wright’s Arrest

by Michael Kraut

Sports commentators and celebrity Los Angeles DUI bloggers alike have been buzzing about the arrest of Dorell Wright, who was pulled over for driving under the influence in South Beach, Florida, last Thursday.

According to the Miami Herald, the 24-year-old Wright — who had been playing his best season since he had knee surgery in 2008 and who had just lifted the Heat to a 108-97 win over the L.A. Clippers – was pulled over at around 3.30 in the morning for driving erratically in his 2005 Bentley. The officers who stopped him noticed that he had red and watery eyes, odor of alcohol on his breath and slurred speech. In addition to the South Beach DUI charge, Wright was charged with speeding and driving without proof of insurance.

Wright is not the only member of the Heat team to have a hot run-in with police recently. On February 26, teammate Carlos Arroyo was pulled over for impeding the flow of traffic. Arroyo got into a kerfuffle with officers that resulted in a misdemeanor charge.

Why did the officer suspect Wright of driving DUI?

The signs of driving DUI are surprisingly universal — whether you are pulled over for DUI in Beverly Hills or DUI in South Florida.

Symptoms of Los Angeles DUI include the following:

• Bloodshot/watery eyes
• Breath that smells like alcohol
• Erratic behavior (in person and on the road)
• Incoherent story telling/logic
• Loss of balance
• Stumbling/staggering
• Slurred speech
• Belligerence towards officers
• Inability to track a moving light source (failing the “horizontal gaze nystagmus test”)
• Opened containers of alcohol in the car
• Admission to having “had a few drinks”

Whether you are pulled over for driving under the influence in Hollywood in a brand new Bentley or you are stopped for DUI in Southern California in any other kind of car (or in any other kind of circumstance), the legal defense you put up can make a tremendous difference in terms of your ultimate sentence/rehab arrangement.

An excellent defense lawyer can potentially break down the prosecution’s case against you by, for instance, challenging the results of a breathalyzer test that show that you were above California’s legal limit of 0.08%.

So how can you find a knowledgeable and sophisticated Los Angeles DUI attorney?