Articles Posted in DUI Punishment

What will be the negative repercussions of your Long Beach DUI arrest?broas-dui-long-beach-consequences.jpg

The answer depends. If you get the charges cleared up and quickly rehabilitate your personal and professional life, the consequences could be minimal.

Or not.

Witness what just happened to 58-year-old Timothy Broas, a white collar defense attorney in the D.C. area. Broas got pulled over June 19 and hit with a charge of “attempting to drive a vehicle while under the influence of alcohol” – likely violating something similar to Long Beach’s California Vehicle Code Section 23152(a). What made Broas’ arrest newsworthy was the fact that he was on the verge of becoming the United States’ Ambassador to Netherland. Broas had raised $500,000 for the Obama campaign (2012), putting him on the list of the top 120 fundraisers for the President. (He also raised nearly $500,000 for the Obama 2008 campaign.) The White House announced last week that Broas “withdrew his nomination for personal reasons.”

But, reading between the lines, it’s pretty clear what happened.

Broas’ list of accomplishments is long: he won accolades for his work; serve on an esteemed think tank (Woodrow Wilson International Standard for Scholars); garnered praise from former presidential nominee John Kerry, who called me a “quintessential family man (who)…is a living example of the kind of compassion and strength that we expect from our nation’s diplomats.”

Yet his DUI got in his way.

Will your Long Beach DUI have a similarly devastating impact on your career – or your personal life?

Notice a key lesson here: Broas hasn’t even gone to trial yet for what happened to him – his court date is set for August 6th in Rockville, Maryland. In other words, he hasn’t even been convicted yet of anything, and yet he still lost the chance to be an Ambassador.

Being convicted for driving under the influence in Long Beach can lead to more serious consequences: jail time, points on your license, a big boost in your insurance rates, mandatory alcohol school, annoying and stringent probation terms, big fines and fees and legal costs, and so forth.

A way to wrangle your legal mess?

The powerful and widely respected Long Beach DUI criminal defense team at the Kraut Criminal & DUI Lawyers (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454) can help you formulate a practical, strategy centered response. There is no need to panic, but time may be of the essence, depending on what you have been charged with and what you have done so far. Connect with the Kraut Criminal & DUI Lawyers today for a free case evaluation.

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Were you recently stopped and arrested for driving under the influence in Pasadena? Did you have to submit to a breath or blood alcohol test? If so, odds are that your BAC was substantially lower than 0.328% – the reported BAC level of a 52-year-old Arizona man caught speeding on County Route 1 in Mohave County, AZ.high-bac-pasadena-dui.jpg

According to reports, police pulled Scott Jarc over at around 4 AM and noticed an extreme smell of alcohol coming from his vehicle. “Odor of alcohol” is one of the classic symptoms of Pasadena DUI, by the way.

Jarc admitted to having consumed alcohol earlier in the evening, and field sobriety tests confirmed the suspicions. Jarc’s BAC reading of 0.328% was four times the legal limit for DUI in Pasadena, as defined by California Vehicle Code Section 23152(b), of 0.08% BAC. As a result of this extreme BAC, he got hit with four different charges, including standard DUI of 0.08%, DUI over 0.15%, and DUI over 0.20%. Authorities said that Jarc was lucky to have survived that amount of alcohol in his system – guidebooks suggest that 0.35% BAC is the equivalent of a surgical anesthetic, and that level can lead to coma or death. At 0.40% BAC, you can suffer respiratory arrest and other serious medical problems, including death.

Jarc’s extreme BAC is actually not the most extreme BAC ever recorded on a DUI driver or other person. In fact, in one of our blog posts about a year ago, we reviewed even more extreme BAC cases – people who allegedly had BAC levels of over 0.80% or even above 1%! Seems impossible, but apparently people have sustained that level of intoxication and survived.

Bouncing back after a Pasadena DUI charge is not easy to do, particularly if your charge is complex or confusing. The positive news, if that’s even an appropriate word to use, is that the professionals at the Kraut Criminal & DUI Lawyers in Pasadena (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899) can help you manage your next steps effectively. Michael Kraut is an ex-prosecutor for Los Angeles – he actually served as a Senior Deputy District DA. Connect with Attorney Kraut today for an immediate, complete, and stress-reducing complimentary consultation about what to do next.

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The Saturday before last, US Commerce Secretary John Bryson got involved in two minor traffic accidents which may net him felony hit and run charges — and land him in jail for over a year! John-Bryson-los-angeles-dui.jpg

Bryson’s situation technically does not involve DUI in Los Angeles — although alcohol tests are pending, according to the police. The case is fascinating in many ways; if you’ve been hit with a charge of driving under the influence in Los Angeles or Burbank or elsewhere, you can learn a lot from studying its nuances.

The Commerce Secretary, who oversees a $75 billion budget and nearly 50,000 employees, slammed into the rear of a Buick, which had been waiting for a train. Bryson apparently left the scene of that first accident and drove nearly two miles into Rosemead, where he hit a Honda Accord and minorly injured a passenger. The driver of the Buick (the first car that got hit) tailed Bryson and called 911.

Medical Condition? Was a Seizure to Blame?

Police found Bryson alone and unconscious at the scene of the second accident. Initial reports suggested that he suffered a seizure or some other medical problem. This issue possibly provoked both accidents. Reports indicated that he “appeared disoriented” after he hit the Buick. In the wake of the roadside drama, Bryson has taken medical leave. After the dust settled, the Obama administration weighed in with statements of (terse) support.

What Bryson’s situation might mean if you are facing DUI in Los Angeles charges.

First of all, no one’s immune to laws like California Vehicle Code Section 23152(a) and 23152 (b). In other words, celebrities, high profile politicians, business tycoons and “everyday folk” are all required by law to avoid driving under the influence of alcohol and drugs and to avoid driving with a blood alcohol concentration of 0.08% or greater.

The second lesson is that Los Angeles DUI cases are often far more complicated than news summaries suggest. Indeed, Bryson’s case already seems fraught with nuances. What was his serious medical condition? If he had known that he had such condition, should he been driving in the first place? Did the condition cause or contribute to the first crash or just the second… or neither or both? And on and on. Likewise, speculation about your particular Los Angeles DUI case may be intense.

Lastly, your choice of Los Angeles DUI defense attorney – and the speed with which you make that choice – can have a significant impact on your capacity to handle legal speed bumps, protect your license, and shield your other rights. Former L.A. Deputy District Attorney Michael Kraut of the Kraut Criminal & DUI Lawyers is providing a free and confidential consultation for drivers who are struggling with DUI charges. Attorney Kraut is an ex-prosecutor who has excellent relationships with his former colleagues and other legal peers; he is often quoted as a DUI authority on KTLA news, Fox News, New York Times and Los Angeles Times.

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You or a friend or fellow student recently got arrested for DUI in Long Beach or DUI elsewhere in LA (like UCLA or USC). Frankly speaking, you’re pretty scared. You don’t want to go to jail. You’re nervous about the potential of losing your license, having to a transit through weeks or months of alcohol school and probation, and paying massive court fines and fees… when you can barely pay your student loans. While a Los Angeles DUI attorney can help you deal with your legal woes, you also might benefit from some introspection – from looking inside to determine what, if anything, caused you to get in trouble with the law.Montana.jpg

Perhaps your Long Beach DUI arrest was a fluke – maybe you weren’t actually DUI and the breathalyzer malfunctioned. Or maybe you were right on the bubble — your arrest was a product of poor planning and slightly “off” judgment. But if you have a tendency to drive under the influence in Long Beach or elsewhere, you need to investigate your habits and beliefs now before they become even greater problems.

To take an extreme counter-example, consider the case of 48-year-old Bradley Noble, who was pulled over in Montana last Wednesday for his eighth DUI charge.

His sentence? 10 years behind bars.

He racked up his last DUI 10 years ago — back in January 2002 — and received a 20-year jail sentence with 5-years suspended. Two and a half years later, he was granted parole. But he was sent back to prison in June 2006 due to parole violations. Finally, near the end of 2006, Noble got released. But his troubles did not stop there. He was caught possessing alcohol on two occasions, in violation of his probationary arrangement. He was also caught driving a car four times since 2006 – also in violation of his restrictions. Sadly, the story ended with Noble’s alleged DUI recidivism. He got hit with a jail sentence of 15 years in prison with five suspended, and he must complete a pre-release program called the WATCH program before he can get parole.

You don’t want to rack up multiple Long Beach DUI convictions for obvious reasons. To that end, it’s helpful (and scary) to know what will happen if you become a convicted recidivist (get convicted more than one time). If you rack up three or more DUIs within a decade, prosecutors can escalate your charges and force you to serve much long jail sentences and pay higher fees and fines. A third Long Beach DUI within 10 years, for instance, can be ratcheted up from a misdemeanor to a felony – meaning you could serve a year or longer jail sentence.

There is no one-size-fits-all solution for your defense – or for tackling the larger psychological, financial, and emotional problems that might have driven you to violate the law in the first place. That being said, a stellar, highly reputable attorney at the Kraut Criminal & DUI Lawyers (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454) in Long Beach can help you make massive progress. Attorney Kraut served as a city prosecutor (Senior District Attorney for Los Angeles for 14-plus years) before switching over to become Long Beach DUI defense attorney.

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Some instances of driving under the influence in Long Beach are pretty cut and dry. It’s obvious to everyone involved – not only to the police but also to the driver himself – that grave wrongs were committed. Other times… not so much. David-Silveria-dui-los-angeles.jpg

Last week, Korn’s ex drummer, David Silveria, got hit with a DUI charge as he drove to breakfast in Huntington Beach… and nearly rear-ended the car in front of him. An officer pulled Silveria over and gave him a breathalyzer test, which allegedly came back negative for DUI. The drummer told police that he was drowsy because he was still suffering the effects of a sleeping pill he had taken the night prior for chronic insomnia. He told the celebrity muckrakers at TMZ that the drowsy driving “was an honest mistake.” Silveria was the original drummer for Korn; he played for the band from 1996 to 2003. After a long break from the music business, he recently joined up with the band INFINIKA.

Irrespective of what happens to Korn’s drummer, you probably would like to know a little bit more about how police distinguish someone who is DUI in Long Beach from someone who is simply driving drowsy in Long Beach. The answer is actually more complicated than you might guess. There is no equivalent of the breathalyzer test for drowsy driving. Just because you drink a lot of caffeine or Red Bull or Mountain Dew or whatever does not mean that you become immune to the effects of fatigue behind the wheel. Studies show that fatigued drivers – even caffeinated ones – can experience bouts of what’s known as micro sleep. Essentially, you close your eyes and lose consciousness for one or two seconds – you literally fall asleep – before regaining awareness. The micro sleeping process is so fast and so subconscious that most people don’t even realize that they have drifted off. If you’re driving at speeds of 60, 70, 80 miles per hour, (e.g. driving on the 405 when there is not much traffic on it – which only happens on days that don’t end with a “y”), you can drive 100 or even 200 feet while totally asleep and unconscious.

While there are field sobriety tests, breathalyzers, blood tests, and other tests for driving under the influence in Long Beach; there are no equivalent tests for drowsy driving. But studies connected by the likes of the American Automobile Association and the National Highway Traffic & Safety Administration show that drivers who fail to sleep can become as impaired as drivers who are DUI. For instance, one Australian story found that someone who stays awake for 24 hours has a level of impairment that’s equivalent to a 0.10% BAC – and remember that the Long Beach DUI cut off is just 0.08%!

Of course, this academic discussion aside, you have practical issues you need to deal with. A Long Beach DUI defense attorney, such as the Kraut Criminal & DUI Lawyers’ Michael Kraut (
444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454), can help you understand the charges that you face, develop a smart and sound strategy to meet the needs of your situation, and reduce your stress, anxiety, and fears about the future.

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Just weeks after his ex-wife, Whitney Houston, drowned on the eve of the Grammy’s, singer Bobby Brown got stopped and arrested for driving under the influence in Los Angeles. The R&B singer (and founder of New Edition) was charged with driving on a suspended license as well as two Los Angeles DUI counts, including allegations that he exceeded the legal limit of 0.08% BAC, as defined by California Vehicle Code Section 23152(b).bobby-brown-los-angeles-dui.jpg

The California Highway Patrol stopped Brown last Monday, when he was seen chatting on a cell phone. The CHP officer thought Brown looked intoxicated and forced the R&B legend to submit to a field sobriety test, which he apparently failed. Brown is due back in court on April 16. He faces up to half a year in jail if he’s convicted of all his charges. As any Los Angeles DUI attorney will tell you, Brown has a lot of work cut out for him if he wants to fight the charges and get his life back on track.

Unsurprisingly, the celebrity news buffs and commentators in the blogosphere have gone hog-wild discussing the psychological reasons why Brown might have driven DUI. His relationship with Houston was at once notorious and epic, and their mutual substance abuse problems have been catalogued and retold endlessly.

But rather than delve into celebrity dirty laundry, let’s reflect a bit about what we can learn from Brown’s charges and how to apply those lessons in our own lives.

1. Emotional stress can lead us to make poor driving decisions.

Obviously, it’s impossible to tell what, if any, role Houston’s death played in Brown’s DUI. But it’s reasonable to assume that it did play some role. When we go through periods of stress, disorientation, overwhelm, or panic in our lives, we may find it easy to reach out to alcohol, narcotics, or prescription drugs to relieve the pain. This is not necessarily the smartest or safest way to deal with emotional baggage, but it’s a fact of life for many people, so let’s just recognize that this happens.

2. Bad driving decisions tend to go together – and create disasters that are worse than the sum of their parts.

According to California Highway Patrol reports, Brown was talking on the cell phone without a hands free headset – a big no-no, an illegal act, in and of itself. He had also been driving on a suspended license. So he was already on thin ice. And then he drove (allegedly) DUI. All these various problems no doubt will complicate his Los Angeles DUI defense.

3. What you do after your DUI arrest matters a great deal.

Your choice of a Los Angeles DUI criminal defense attorney, for instance, can have huge ramifications for your ability to win freedom, reduce/eliminate your charges, and bring order back into your chaotic life. Mr. Michael Kraut of the Kraut Criminal & DUI Lawyers is a known and respected former prosecutor (an Harvard Law School educated attorney) who focuses extensively on DUI cases. Whether you are a UCLA or USC student who was recently stopped for DUI at a checkpoint or a doctor facing a charge like Medicare fraud, Mr. Kraut can explain your options and help you develop a strategy.

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Should someone who has been convicted of a Los Angeles DUI be forced to install an interlock ignition device on his (or her) vehicle?Ignition-Interlock-Device-los-angeles-dui.jpg

This seems like a straightforward question. But the debate over the effectiveness and ethics of IIDs is roiling the blogosphere. Last week, the Insurance Institute for Highway Safety (IIHS), a national group dedicated to improving road safety, weighed in on the matter. Based on studies that suggest that interlock devices can reduce crimes like Los Angeles DUI by up to 12%, the IIHS now recommends that ALL DUI offenders be compelled to install these devices. As the Vice President of Research for the IIHS put it “we found that the higher the rate of interlock installations, the lower recidivism would be.”

That interlock devices can prevent recidivism is pretty well established. But, as an advocate for the American Beverage Institute recently put it, “as soon as you take [the IID] off, recidivism goes back up.” Unsurprisingly, Mothers Against Drunk Driving (MADD) supported the IIHS position. The American Probation and Parole Association, on the other hand, argued that mandating IIDs for all offenders is not necessary and could cost nearly $500 million to states to supervise people. In many cases, a DUI offender only suffers the IID consequence if he or she tests at a very high BAC level (0.015% or above) or demonstrates recidivism – that is, gets convicted more than once for DUI within a decade.

Thanks to a 2010 law, even misdemeanor first time Los Angeles DUI offenders can be burdened with the IID requirement. As anyone who ever dealt with one of these devices can tell you, keeping an IID in your car can be unpleasant, embarrassing, inconvenient, and a constant reminder of your past failings.

Can a Los Angeles DUI defense attorney build you a strategic case to help you escape punishments like a mandatory IID (as well as even more scary penalties like jail time and huge fines and fees and probation)? The answer obviously depends on the details of your case.

An effective response can be the difference between jail time/harsh penalties and a more favorable plea bargain or even a dismissal of the charges. Even if you did make a mistake (perhaps a significant mistake) on the night of your DUI arrest, you don’t have to KEEP making mistakes that jeopardize your rights, your freedom, and your capacity to rebuild your life.

Connect with a Los Angeles DUI lawyer at the Kraut Criminal & DUI Lawyers (6255 Sunset Boulevard, Suite 1520, Los Angeles, California 90028) right now to discover the best strategy for your situation. Attorney Michael Kraut is a Harvard Law School educated former district attorney (prosecutor) who has terrific relationships in the legal community and a long and diverse track record of success – even in tough cases.

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If you got arrested and convicted more than once for a crime like DUI in Long Beach, your prospects may be grim, indeed. Prosecutors like to “throw the book” at so called recidivists – people who commit the same crimes more than one time. king_rodney.jpg

As any Los Angeles DUI attorney will tell you, if you are convicted for this crime more than once within a 10-year period, your penalties start to escalate in terms of:

• length of your jail sentence
• amount of alcohol school you need to attend
• duration of your license suspension
• strictness of your probation
• fees and court costs
• and more
But just because you have a DUI on your record does not necessarily mean that you are going to get raked over the coals. For instance, take a look at Rodney King’s situation.

Mr. King, whose videotaped beating touched off the notorious early 1990s Los Angeles riots, was arrested last July in Riverside County for DUI. He was also convicted for DUI in 2004. Police reports suggested that King’s BAC level was 0.06% — just shy of the Long Beach DUI cutoff of 0.08%, as defined by California Vehicle Code 23152(b).

That being said, officers say that they found marijuana in his system as well. All those factors – coupled with his 2004 conviction – could have spelled big trouble for the man famous for his remark “Can’t We All Just Get Along?” But – miracle of miracles (at least as far as King was concerned) – he managed to strike a plea deal with prosecutors that allowed him to escape serving jail time. This wasn’t to say that he got off scot free. In addition to pleading guilty, King agreed to pay court costs and a $500 fine, attend alcohol classes for nine months, endure three years of summary probation, and spend 20 days under house arrest. Given the alternatives for recidivist Long Beach DUI violators, King got a pretty square deal.

Your options change depending on innumerable factors. Did you hurt someone while DUI? Did you cause property damage? Did you resist police arrest? Are you prepared to accept culpability for what happened (if indeed you were to blame)? Do you have prior convictions on you record? If so, what were they for?

Only a qualified Los Angeles DUI lawyer can really help you sort out the best strategies and methods for dealing with prosecutors. In some cases, it makes more sense to fight your charges. In another cases, it might make more sense to aim for a plea deal. To really unpack your best solutions, connect with an experienced Long Beach DUI criminal defense attorney with the Kraut Criminal & DUI Lawyers (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454). Mr. Kraut is one of the most widely known and respected Los Angles DUI lawyers. He served as a Senior Deputy District Attorney for 14 plus years (after attending Harvard Law School, no less) before switching roles to become an advocate of defendants. His experience fighting on both sides gives him a unique advantage that he can bring to bear to help you.

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As regular readers know, driving under the influence of drugs like marijuana in Burbank is a crime punishable with penalties like jail time, mandatory substance abuse education classes, license suspension, and other penalties. Those direct consequences probably don’t even paint a full enough picture. If you lose your license, you will find it very difficult to get around Burbank –go to your job, attend classes, etc. If convicted of a Burbank drug DUI, your car insurance rates will almost certainly spike, which means that you may pay thousands of dollars extra over the next several years.marijuana-burbank-drug-dui.jpg

In other words, if you’ve been stopped, it’s a big, big deal.

But while the science of how alcohol impairs driving is pretty well established, the science of how marijuana use changes driving is far younger.

The latest battle field over drugged driving is the Rocky Mountains, where Colorado lawmakers are vigorously debating Senate Bill 117. On the surface, 117 is a pretty straight forward law. If it passes, then drivers in Colorado who test to have five nanograms or more of the active substance in marijuana (THC) in a blood sample will be subject to penalties. The five nanograms cut off is not novel. Pennsylvania uses a similar limit. Ohio actually has a stricter limit – two nanograms. Certain states, such as Rhode Island and Illinois, have a zero-tolerance rule for THC.

Colorado might not be as “progressive” in its attitude towards marijuana as is California (or at least certain parts of California). But it’s definitely a “purple state” in terms of the marijuana debate. It’s home to a lively and robust conversation about marijuana’s dangers and benefits.

On Monday, a Senate panel in Colorado voted in favor of sending Senate Bill 117 to the full chamber for a vote. If it passes, it will cost around $500,000 to implement. This law could have ramifications for other states considering similar measures. Marijuana advocates, such as Dr. Paul Bergman, argued that the recommended blood test should not be used: “nobody…wants to have drug driving policies, but there is a disagreement of per se limits in chronic users.” People who use medicinal marijuana regularly may have elevated THC levels due to the fact that THC is stored in fat tissue, for instance.

A different expert from the Colorado Department of Public Health and Environment, Cynthia Burbach, pushed the other way. She pointed out that law enforcement officers are requesting more and more THC tests every year.

This short blog post obviously cannot examine, parse and weigh in on the fundamental science behind the recommendations, arguments and counter-arguments. But the debate is certainly lively.

Of course, if you are searching for a Los Angeles drug DUI lawyer, you are probably less concerned about what’s going on remotely in Colorado and more concerned about what’s going on in your case. Will you have to serve jail time? What should you do to be preparing for your case? Were the tests used on you valid? If so, what do you do next? If not, how can you refute the results?

For help with all these questions and more, turn to Burbank drug DUI criminal defense attorney Michael Kraut. Attorney Kraut served for nearly a decade and a half as a LA prosecutor – going after people who committed crimes like drug DUI – before becoming a criminal defense attorney and founding the Kraut Criminal & DUI Lawyers (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810). He is an extremely respected lawyer and thinker with a great record at jury trials and history of getting results in difficult circumstances.

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The typical Glendale DUI defendant often has a lot to complain about. Sketchy police behavior, a daunting bureaucracy, and less than sympathetic colleagues and family members can make your situation more complicated and fraught than it already is. However, the real problem may lie even deeper.glendale-DUI-treatment.jpg

Say you have substance abuse issues. You might diagnose yourself as “addicted” to substances like alcohol, narcotics, pain killers, prescription drugs, et cetera. So the question of whether you’re being “treated fairly” has a double meaning. Are you being “treated fairly” by the Los Angeles DUI defense system? Are you being “treated fairly” for Glendale DUI rehab?

Addiction: Caused by Powerlessness… or a Misplaced Attempt to Empower?

As any Los Angeles DUI attorney will tell you, the dominant treatment for drug and alcohol addiction is the 12 step program. One animating principle behind this approach is that addicts must admit that they are “powerless” over drugs and alcohol to regain control. Most treatment approaches build off this assumption. We believe that behaviors like drinking too much or eating too much or doing anything else in excess stem from impulse control. Unless you acknowledge that you are “acting out” in a destructive way – and work towards suppressing that “acting out” – you’ll likely fail to get your problems under control.

The bottom line: you’re likely to become a Glendale DUI recidivist. As we have talked before on this blog, the more times you get arrested for Glendale DUI, the more trouble you can get into – a person who gets a third misdemeanor conviction within 10 years, for instance, can see their charges bumped from misdemeanor to felony.

An alternate point of view suggests that addictive behaviors are rooted in our need for empowerment. Think back to the last time you “craved” a drink or a smoke or even some time to play video games on the internet. Odds are, you probably had an unhappy or frustrating thought prior to that impulse. Maybe you fought with your boss or spouse. Or maybe you got cut off in traffic.

Once you make the decision to have a drink — to do the addictive behavior — you automatically start to feel better. Taking this action reestablishes your sense of power and control over your life. Think about what that means! You are inspired to take these destructive actions because you need MORE power over your life – not less! Thus, treatment approaches rooted in trying to strip you or your power are going to encounter resistance, since they’re approaching the situation backwards. You need better STRATEGIES for finding how to get/maintain control that don’t involve alcohol or dangerous substances or behaviors.

For help dealing with a charge like driving under the influence in Glendale, connect with a prominent Los Angeles DUI criminal defense attorney at the Kraut Criminal & DUI Lawyers (121 W Lexington Dr, Glendale, CA 91203 Phone: (818) 507-9123 ) now.

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