DUI Punishment

May 22, 2019

Debates Over the Future of IID Technology

Over the past several years use of ignition interlock devices (IIDs) has been growing in momentum and popularity as a deterrent to DUI. At the beginning of 2019, California became the 33rd state to expand its IID technology program, requiring the installation of IIDs for repeat DUI offenders and offering IIDs to first-time offenders in exchange for a reduced license suspension. Now, some members of Congress are opening up a debate about whether IIDs should be required in all vehicles, regardless of a driver’s history with DUI.

While IIDs do seem to be effective in reducing incidents of DUI, the technology is not without controversy, especially as the government seeks to expand its use. Some see it as a powerful safety feature not unlike the seat belt or the air bag; others view it as an unnecessary invasion of privacy. Let’s take a closer look at the different sides of this debate to see what we can learn.

What Is an Ignition Interlock Device?

March 18, 2019

What You Need to Know About Hit-and-Run Accidents

by Michael Kraut

Being involved in a motor vehicle accident can be disruptive and traumatic, both for you and for everyone involved. But if you decide to leave the scene of the accident before police have arrived, you make the situation even worse. Now, you have added hit-and-run to any other offenses you might have been charged with, punishable by possible fines and jail time.

People may commit hit-and-run offenses for a number of reasons, some less obvious than others. For instance:

• They might not have realized they made contact with another vehicle or person.

January 11, 2019

Starting 2019 with a Los Angeles DUI Arrest: What Happens Now?

by Michael Kraut

It’s not how you envisioned kicking off the New Year. Perhaps you’ve made resolutions; perhaps you’ve set goals. You were looking forward to the prospects of a new year with new possibilities. Certainly, kicking off 2019 with a Los Angeles DUI arrest was not on the agenda. Now you are facing potential charges that could spoil your momentum and derail all your plans for the year. What do you do now, and what steps can you take to get your year back on track?

First, regardless of the specific circumstances of your case, realize that you’re not the only person in this situation. The holiday season of 2018 in general, and New Year’s Eve in particular, has been record-setting for DUI arrests in California. Consider the following:

• Over the Christmas weekend 2018, California law enforcement officers made more than 1100 DUI arrests. That’s nearly 200 more than the 917 arrests made during the same time in 2017.

May 21, 2018

Everything You Ever Wanted to Know about Wobbler DUIs

by Michael Kraut

One term you’re likely to hear in the context of California criminal law than in other states is the term “wobbler” or “wobbler offense.” While other states do have “wobblers,” California law is known for them; in fact, there are over 100 “wobbler” offenses documented in the California penal code, including some related to DUI. What are these “wobbler DUIs,” what do you need to know about them, and how can your attorney address them in a way to help you obtain the most positive possible outcome?

“Wobbler” Defined

A wobbler is simply a crime that can be prosecuted either as a misdemeanor or a felony. The decision to pursue one or the other is usually left to the prosecuting attorney who takes into account the circumstances surrounding the case to decide which is the more appropriate charge—or which he believes carries the best likelihood of a conviction.

May 6, 2018

Licensed Professionals, DUI and Disciplinary Action

by Michael Kraut

On February 20, 2016, Dr. Rex Lloyd Patrick Rhoten, a neurosurgeon with Kaiser Permanente, was driving his Tesla along a stretch of road in Rancho Santa Fe, supposedly on his way to work, when official documents state he crashed his vehicle into some trees, according to NBC 7 in San Diego. The responding officer noticed possible signs of intoxication which were confirmed with several field sobriety tests. His BAC level was registered as .26, over three times the legal limit. A few months later, Rhoten was convicted on charges of DUI; shortly after, the California Attorney General filed a Matter of Accusation with the state Medical Board, putting Rhoten’s professional license in jeopardy.

According to official documents filed one year after the incident, Rhoten is prohibited from the solo practice of medicine for five years pending an evaluation—his medical license revoked, but stayed, during the five-year probation.

A DUI conviction can cause widespread repercussions, including jail time, fines, required treatment, driver’s license suspension and social embarrassment—but for people whose jobs involve professional licensing, a DUI can have even more serious repercussions. Licensing boards may invoke disciplinary action on members who receive DUI convictions—anything ranging from official reprimands to fines, mandatory treatment, suspensions and even permanently revoking their licenses.

March 19, 2018

A Brief History of DUI and What We Can Learn

by Michael Kraut

For as long as mankind has been using vehicles to get around, some people have been unfortunately operating those vehicles while under the influence of some substance—mostly alcohol. At first, no laws were on the books to address the issue, but, as the roads became more crowded, public pressure eventually prompted lawmakers to set standards as to what constitutes driving under the influence (DUI)—also known as driving while intoxicated (DWI)—and what the penalties would be for violating those rules.

If you’ve ever been arrested for DUI—especially if you believe you tested “false positive”—you might feel like the laws and standards of intoxication are too strict. Looking into the past often helps give us perspective as to where we are now and where we’re headed. So let’s look back at a few milestones in the history of DUI, and see what we can learn.

First Known DUI Arrest: 1897

February 19, 2018

8 Ways to Make your DUI Arrest Vastly More Complicated and Painful than Necessary

by Michael Kraut

You’re driving along a California highway, minding your own business, when you get pulled over by a police officer on suspicion of DUI. It can happen to anyone, even drivers who have had nothing to drink—but how you respond in this situation can make things far more difficult for you or, in some cases, much easier. To give you a better chance at the latter, we’ve compiled a list of “don’ts”—eight things you should only do if you are a glutton for punishment or hell-bent on making your DUI arrest more difficult than it needs to be.

1. Don’t be rude to the police.

In this situation, the ancient proverb applies: “A soft answer turns away wrath.”

February 10, 2018

Lessons Real People Learned from Their DUIs

by Michael Kraut

There’s a lesson to be learned from every experience, good or bad—even being arrested for DUI. However, we can save ourselves a lot of pain by learning, whenever possible, from others’ negative experiences. No one can better explain what happens with a DUI arrest than someone who has gone through it, so let’s take a look at a few stories of real people and their experiences with DUI, and what they learned in the process.

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“If I’m going to drink at all, just don’t plan on driving. Or don’t drink.”

November 20, 2017

Crazy DUI Stories Involving Non-Standard Vehicles

by Michael Kraut

Fact: You don’t have to be driving a car, truck or motorcycle to be charged with DUI. In fact, people across the world have faced DUI charges for driving all sorts of non-standard vehicles, from boats to riding mowers to…well, let’s not spoil it here. Just take a look at the following crazy DUI stories we scoured from the web recently.

Incident on a Bridge: Motorized Wheelchair

According to Florida law, drivers under the influence can be charged for operating any type of motorized vehicle—including, as one man discovered, a motorized wheelchair.

October 17, 2017

Can I Still Drive for Uber? Jobs You Might Lose After a DUI

by Michael Kraut

It’s bad enough that a DUI conviction can wipe out your bank account or drive up your credit card bill. Between the fines, court costs and other associated expenses—like DUI driver school tuition and added commuting costs—you could pay as much as $7,500 out of pocket. But you could also face a longer-term problem of unemployment. When you lose your job because of a DUI or struggle to get a new one afterwards, it adds insult to injury.

If you’ve been earning some extra cash as an Uber or a Lyft driver, you’ll have to find another way to fill your wallet. Uber is already fairly picky about DUIs on a driving record; in California, Uber won’t even hire you if your record shows that you’ve had a DUI within the last 10 years.

But what if you’ve been working as an Uber driver, and then you get a DUI? Will you be able to keep driving?