Articles Posted in DUI Punishment

Celebrities often do awful, and awfully crazy, things. In 2011, we saw some crazy and scary Beverly Hills DUI stories. In this post, we will review four of the year’s most scandalous celebrity moments.lindsay-lohan-beverly-hills-dui.jpg

1. Lindsay Lohan – Still Reeling from Her 2007 Los Angeles DUI
Unless you were living under a rock, you tuned into the Lindsay Lohan’s seemingly never-ending Los Angeles DUI probation violation saga. Ms. Lohan’s 2011 got off to a bad start on January 22, when she allegedly pilfered a necklace worth $2,500 from a store in Venice. She pleaded not guilty to the resultant felony grand theft charge, but the karmic dye had been cast for Ms. Lohan in 2011, and she proceeded to make headline after headline: she violated her probation, got sentenced, made tearful appeals, etc. Then she made headlines once again by agreeing to pose nude in Playboy for nearly $1 million. Her father, meanwhile, got arrested twice in one week for domestic violence charges.

Altogether, not a great scene for the Lohans in 2011.

2. Christina Aguilera – Watches as Her Boyfriend Gets Tagged for DUI
2011 was not a great year for pop princesses, was it?

On March 1, Christina Aguilera was arrested for public intoxication, while her boyfriend was tagged for DUI. Aguilera had come off of a rough 2010, but she rebounded magnificently in the latter half of 2011, thanks in part to her widely successful TV vehicle, The Voice. It goes to show that Beverly Hills DUI does not commit you to certain and permanent debauchery
3. Estella Warren’s Hit and Run DUI (with a Bit of Cop Kicking Thrown in There As Well)

Estella Warren, an actress in Planet of the Apes, was arrested for DUI back in May. She allegedly resisted arrest and kicked the cop who tried to handcuff her. Warren smashed her Prius into three separate cars and then drove away from the scene. All told, she got hit with charges of assault, felony escape, hit and run, and DUI.

4. Charlie Sheen – Not Busted for Beverly Hills DUI, but Might As Well Have Been
2011 was the year of Charlie Sheen’s epic, magnificent public meltdown. The year started out crazy, when Sheen was arrested after trashing his Las Vegas hotel room and partying with an adult film star. Charlie thus began a headline-grabbing rampage that included getting fired from Two and a Half Men after calling his boss “a contaminated maggot” among other things and then waxing similarly poetic (and vitriolic) about everyone from his ex-wife to Alcoholics Anonymous to Thomas Jefferson.

If you were arrested for driving under the influence in Beverly Hills in 2011, connect with a respected, highly successful Beverly Hills DUI criminal defense attorney at the Kraut Criminal & DUI Lawyers (9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935). Attorney Michael Kraut is a former prosecutor with a terrific record at jury trials.

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Americans love glamour and beauty, and we are fascinated by stories of “celebrities gone wrong.” Hence, our obsession with Beverly Hills DUI stories and news events involving pop princesses, celebutantes, fashionistas, powerful politicians, and others who get into trouble with the law. Sometimes, these stories are bittersweet; sometimes they are tragic, sometimes they are purely humorous. But we can learn a lot more from Beverly Hills DUI defendants than the tabloids (and even the mainstream news media) are willing to teach us.Rima-Fakih-DUI.jpg

Take the recent arrest of 2010 Miss USA, Rima Fakih. The 26-year-old captured America’s heart in 2010, but police captured her last week. Although police did not release details about the DUI arrest, the story is practically pregnant with object lessons for Beverly Hills DUI defendants and friends and family members of defendants.

According to the Detroit Free Press and other local news reports, Fakih had appointed herself designated driver last Saturday evening, when she went out with some friends. After noticing that her friend seemed too intoxicated to drive, Fakih took over the wheel. She quickly realized that she, too, was too intoxicated to drive. So she pulled the car over. Too late. Police had already spotted her, and she was quickly rounded up and charged with DUI. After news of her arrest broke, she, like so many Beverly Hills DUI arrestees – reached for her Twitter account to deny her reality: “Let’s clear things up now…I’m not in Michigan and I’m not in jail! Wrong Fakih.”

She later removed that post. But it’s instructive for us to talk about that.

We can see two lessons from here:

Number one, when people “have a few drinks” while trying to be a designated driver, bad things happen. In Fakih’s case, fortunately, no one was hurt and no property was damaged.

Number two, defendants can enter a period of abject denial after being arrested. This is a human reaction. But it can be a compromising reaction, in that you may do or say things after your arrest (because of your denial) that will compromise your ability to build a case.

To protect yourself and your rights, connect with the Beverly Hills’s Kraut Criminal & DUI Lawyers (9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935). Attorney Michael Kraut is an experienced, highly confident, Harvard Law School-educated Beverly Hills DUI criminal defense attorney. He served as a prosecutor for 14 years, so he knows how prosecutors will treat your case.

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Driving under the influence in Long Beach and driving in a school zone don’t mix. This truism is obvious enough. However, unfortunately, common sense is one of the first things that goes out the window when driving intoxicated.long-beach-dui-jail.jpg

Two weeks ago, Marie Lippincott of Costa Mesa struck and nearly killed a 17-year-old senior, Crystal Morales, at her son’s high school in Newport Harbor. Lippincott was arrested for causing an injury DUI and held at an Orange County jail in lieu of bail set at $100,000. Investigators suspect that she was driving under the influence when she hit Morales at a crosswalk on Margaret Drive, right before school let out. Court records show that Lippincott has a criminal history. In 2005, she pleaded guilty to prescription drug fraud, burglary, and theft. As for poor Ms. Morales, she was hospitalized in a coma with internal bleeding, swelling of the brain, internal injuries, and head trauma. A spokesperson said that Morales would be on assisted breathing for at least two weeks to recover optimally.

When reading the reports of Long Beach DUI accidents like this one, it’s easy to quickly judge people and “explain away” the facts of the accident. However, jumping to conclusions can be dangerous business. For instance, in a Los Angeles Times blog post about the accident, Laura Boss, a spokesman for the school district, highlighted that the section of Irvine Avenue where the accident occurred “has been a safety concern for school officials.”

This is not to excuse the bad driving or DUI driving, if it did occur. However, it does suggest that Long Beach DUI accidents do not occur in a vacuum. Often, a constellation of factors plays a role. Yes, a driver may be DUI. Yes, a driver may make misjudgments. But other factors, such as poor road engineering, auto malfunctions, and the dangerous or less-than-ideal actions of others can all come together to create the “perfect storm” of an accident.

If you have been recently arrested for driving under the influence in Long Beach, connect with an experienced Long Beach DUI criminal defense attorney, such as Michael Kraut of the Kraut Criminal & DUI Lawyers (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454). Attorney Kraut is a former DUI prosecutor (14-plus years in the Deputy District Attorney’s office), so he understands the dynamics, nuances, and emotional complexities of DUI cases. Tragedies like what happened to Ms. Morales are not inevitable, and they do not need to be repeated. It’s important for all of us to understand what goes wrong in these kinds of situations and to deal with the repercussions in a fair and compassionate way.

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In a recent blog post, we enumerated the many unpleasant, repugnant penalties for Long Beach DUI. We won’t belabor them again, but they include jail time, massive fines, probation, mandatory installation of an IID, alcohol school, etc. long-beach-dui-worse-than-jail.jpg

But is that really the worst of it?

In the worst-case scenario, you could at least imagine yourself surviving these penalties and carrying on with your life. No one wants to spend three months in jail or pay thousands of dollars in fines. But life is long, second chances abound, etc.

In some sense, this attitude is correct. In another sense, however, it ignores the far more insidious but potentially terrifying, debilitating indirect penalties of a Long Beach DUI conviction.

Punishment worse than jail?

There are, believe it or not, worse things than going to jail. Unless you commit a truly heinous crime, jail is a temporary situation. However, the long-term “metaphorical prisons” that we build for ourselves can incarcerate us for a lifetime. Bad habits beget bad habits. Bad self-image begets worse self-image. And so on. Indeed a Long Beach DUI conviction can be the first step on a slippery slip towards an unfulfilled and unfulfilling life.

Consider the hazards potentially in your way:

• Conviction makes it more likely that you will be punished harsher for any future crimes or infractions;
• Conviction will almost certainly spike your car insurance rates (assuming that you are still allowed to keep your license) for years, draining your pocket book of potentially of thousands of dollars;
• Once convicted, you may find yourself judged harshly by employers, acquaintances and people in your social circle as well as by close family members and even by yourself.
• If you “don’t believe in yourself” or lack support from friends or family members who’ve “given up on you” you may find it harder to get a job, harder to get a loan, harder to find the inner resources to fight through obstacles in your way, be they career obstacles or even medical problems.
• Loss of driving practice and mobility. If your license gets suspended, you may have to lean on public transportation, friends and family members, and ingenuity to survive. If you are like most people who live in and around Long Beach, you likely depend heavily on your car, truck, or motorcycle to deal with the “stuff” of life.

Count those costs. How many hours of productive time will you have to sacrifice? Will you be fired? Will you sap your spouse’s productivity and thus limit his or her income? What about loss of confidence behind the wheel?

Once you’ve been convicted for a serious violation, such as a Long Beach DUI, you may lose confidence in your ability to drive safely and effectively. Your driving persona may change for the worse.

Fortunately, you don’t have to go through the gauntlet of defending yourself by yourself.

An experienced Long Beach DUI criminal defense attorney from the Kraut Criminal & DUI Lawyers (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454 ) can help you develop a powerful strategic response to whatever charges you face. Attorney Kraut is a former Deputy District Attorney with a fantastic track record at jury trials and a Harvard Law School Education.

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You’ve recently been hit with a charge of driving under the influence in Beverly Hills, and you’re still reeling from it. The mind is churning up worst case scenarios:beverly_hills_dui-long-term-consequences.jpg

• What if the person you injured during your Beverly Hills DUI doesn’t recover or is saddled with a lifelong disability?
• What if you have to go to jail for years?
• Who will take care of your business, your home, your family?
• What if you lose your driver’s license and have to pay thousands of dollars in fines, etc?
• What should you be doing now to make your new job as a Beverly Hills DUI defendant easier and more strategic?

We’ve discussed the direct consequences of Beverly Hills DUI conviction (e.g. jail time, fine/fees, mandatory alcohol school, mandatory installation of an IID device in your vehicle, probation, etc) as well as the indirect consequences (e.g. hiked up insurance rates, loss of confidence, loss of self respect and professional reputation, massive, chronic inconveniences that strain your budget, etc).

But a third, arguably even scarier set of penalties awaits you. These pertain to the effect of your DUI event and possible conviction on society as a whole.

To get a little philosophical for a second… cities like Beverly Hills (and Los Angeles in general) maintain their social cohesion through bonds of trust, order, and mutual self interest. Those bonds are not absolute, however. Difficult economic conditions, fraud and crime, war, disease, and other destabilizing forces can fray these bonds and lead to chaos in the community.

Now, obviously, your Beverly Hills DUI is not going to “make or break” the city. At least, hopefully it’s not going to. On the other hand, the incremental effects of Los Angeles DUI arrests, convictions, consequences, etc on society as a whole are non-negligible. In other words, what you do behind the wheel has an effect beyond the immediate radius of your accident.

If you recall the movie Office Space, you’ll likely remember the scam the co-workers pulled – they essentially tried to “shave off” fractions of a cent from millions of bank accounts in a high-tech heist. Individually, no one customer was hurt; collectively, however, the financial institution was damaged.

The obvious retort is: Well, it was just me who got in trouble. How much of a difference could my actions have made? But multiply that attitude times hundreds of thousands of Angelinos, and you have a recipe for chaos, disorder and worse.

The moral here is: You have a choice. Even if you’ve already a committed a Beverly Hills DUI – and even if that DUI was serious and caused injury and/or property damage – you have a choice right now to change your perspective on what happened and not only rebuild your own life but also work towards healing society and making the city and our world a more compassionate, livable, hopeful environment.

Of course, it’s important to ground ideals into solid thinking and strategy. Connect with a Beverly Hills DUI defense attorney from the Kraut Criminal & DUI Lawyers (9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935 ) right now to plan your next steps. Attorney Kraut is a hugely respected former prosecutor who can help you understand your rights and best next steps.

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When you read in the paper (or on the blogosphere) about people getting arrested for driving under the influence in Glendale, you usually see those stories isolated of context. This is unfortunate, since the only way to extract useable lessons (including lessons about “what not to do”) is to contextualize stories. genes-and-alcohol-glendale-dui.jpg

What does that mean? It means understanding their subtleties, their back stories, etc. For instance, consider the case of the distracted “duck boat” captain in Philadelphia, who was sentenced last week to over a year in jail for plowing his sightseeing boat into an obstacle, killing two Hungarian tourists aboard.

At first blush, the story suggests that the captain was essentially a reckless idiot. However, when you dig deeper into his backstory, things get more complicated. Turns out, he had been distracted because his son had been involved in an emergency eye surgery gone horribly wrong, and he was communicating with his wife about the latest minute-by-minute in the OR. Obviously, he should not have been derelict in his duty, and he was ultimately culpable for what happened. But when you consider the situation in context, it certainly becomes more nuanced.

Similarly, genetics and other seemingly inconsequential or subtle minutiae may matter. A Glendale DUI arrest, like a DUI arrest anywhere, needs to be taken in context.

For instance, consider last week’s arrest of 22-year-old Sean Owen O’Neill Jr., in West Goshen Pennsylvania. According to police reports, the 22-year-old was arrested last Thursday on suspicion of DUI, after he crashed his car into a home. Upon first looking at the story, you might be tempted to believe that Goshen’s incident was disconnected from anything in his past – maybe he was just a youth out for some reckless, careless fun.

However, one local paper describes his back story: “The arrest is the latest in the family’s string of legal problems. O’Neill served jail as a juvenile for a 2006 shooting at a party at his home. His sister, Roison O’Neill, is in prison for a fatal 2008 drunk driving accident. And their father, pub owner Sam O’Neill Sr., was recently deported to Ireland after serving time on a federal gun charge.”

As we were discussing above: Context, context, context.

What does this all mean, in a practical sense, for you, if you’ve been charged with a Glendale DUI?

It means that the way in which you and your Glendale DUI criminal defense attorney scrutinize what happened to you – before, during, and after your arrest – should have a profound impact on your capacity to fight back against the charges, avoid the worst penalties, and rebuild your life.

Not every Glendale DUI attorney has the track record, experience, and commitment to understand your arrest in the context in which it needs to be understood. Fortunately, you can connect today with Attorney Michael Kraut of the Kraut Criminal & DUI Lawyers (121 W Lexington Dr, Glendale, CA 91203 Phone: (818) 507-9123 ). As a former prosecutor and Harvard Law School educated lawyer, Mr. Kraut has the wherewithal and the connections to build your case.

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If you got arrested for driving under the influence in Pasadena or elsewhere in the Southland, what would your mug shot look like? excited-to-get-pasadena-dui.jpg

Would you be happy and smiling? Would you be giving “two thumbs up” to the photographer who snapped your Pasadena DUI mug shot?

Probably not.

How, then, can we explain the grinning mugshot of 24-year-old Michelle Watson, a driver busted for DUI last week in Prescott, AZ? During the arrest, she “shoved one police officer and kneed a second in the crotch during a profanity laced battle.”

According to reports from TheSmokingGun.com, Watson shouted to a police officer “I don’t have to walk f——- anywhere,” moments before she was tagged for DUI super extreme, after blowing a BAC more than three times the legal limit. She also faces charges of resisting arrest and aggravated assault.

Nevertheless, when the time came for Ms. Watson to take her mug shot at the local county jail, she “flashed a grin and two big thumbs up” for the cops.

Strange, isn’t it?

The first reaction that comes to mind is: she can’t REALLY be happy, can she?

After all, who would want to face Pasadena DUI penalties? These range from the mundane but annoying — loss of driver’s license, mandatory interlock ignition device in your vehicle, etc. — to scary and life-changing — potentially years in prison, if you committed an injury Pasadena DUI.

Of course, it could be that some Pasadena DUI defendants genuinely enjoy pushing the limits of the law and flouting the system. However, even a cursory analysis — and a dose of common sense — suggests that something’s going on underneath the surface here.

Lurking under Ms. Watson’s gleeful mug shot photo is almost certainly deep pain. Without access to her life story and inner monologue, one can only speculate about what that pain might be. However, even if we can’t ascertain her intentions, when you consider that deeper underlying factors might be involved, you can’t help but feel more sympathetic and compassionate.

For help planning your Pasadena DUI defense, connect with the team here at the Kraut Criminal & DUI Lawyers (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899 ). Attorney Michael Kraut is an experienced, accomplished Pasadena criminal defense attorney. He is a Harvard Law School educated former prosecutor, who can help you plan a stiff defense.

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Anyone who has sat and pondered the penalties for Long Beach DUI understands, on a visceral level, what fear feels like.Blaise-Melofchick-DUI.jpg

It’s not just the potential jail time that scares defendants. It’s all the other logistical, financial, and emotional headaches that come with the conviction. For instance, even if you are convicted for a minor misdemeanor Long Beach DUI — no property damage or injuries — you can face substantial mandatory alcohol school, court fines and fees, mandatory installation of an IID in your vehicle, license suspension, and, yes, possibly substantial jail time.

Those Long Beach DUI penalties are only the direct penalties. You still may have to face the indirect – the secondary, tertiary and quaternary “blow back” from your conviction – such as screwed up insurance rates, loss of support from friends, family members, and employers, self esteem problems, inconveniences both short term and chronic, and loss of self confidence.

Given all these disincentives, it’s not surprising that some people try their darndest to escape the Long Beach DUI process. Smart defendants might research and then retain a top-caliber Long Beach DUI criminal defense attorney, such as Michael Kraut of the Kraut Criminal & DUI Lawyers (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454). (Mr. Kraut is an experienced, highly reputed attorney with the connections, strategic insight, jury trial record, and compassion to help practically any Long Beach DUI defendant, no matter how complicated or scary the situation.)

On the other hand, fear can also motivate some, shall we say, less than intelligent behavior.

Consider a baffling story out of Scranton, Pennsylvania, of all places. A 29-year old man suspected in a DUI crash left a medical center in leg irons to escape custody. Here is a report from therepublic.com: “Authorities say (the 29-year-old Blaise) Melofchik was arrested on suspicion of driving under the influence after police said he crashed into a parked car on Tuesday. Officers took him to the hospital after he appeared to be under the influence of opioids.” The Times Tribune (a local paper) reported that Mr. Melofchik managed to walk away from the Medical Center and escape undetected.

Even after “patrol officers swarmed the area looking for (him),” the search was unsuccessful. Authorities blamed the “breakdown in communication” for Mr. Melofchik’s escape. But the deeper story here is the fear, possibly terror, that the suspect felt which motivated him to undertake the risky escape. If he does eventually get rounded up, one might naturally suspect that additional charges will be thrown at him.

Do not overcomplicate your defense. Begin today by making smarter choices and by connecting with a reputable Long Beach criminal defense attorney.

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In the annals of Beverly Hills DUI arrests (and arrests for similar crimes in surrounding areas, like Pacific Palisades and Malibu), few sordid tales are as well known as Mel Gibson’s July 28, 2006 arrest on the PCH for driving under the influence. As regular readers of this blog (and really any publication that even remotely address problems like celebrity dysfunction and Beverly Hills DUI) know, Gibson dined at Moon Shadows in Malibu just hours before getting pulled over and spouting off crazy antisemitic ramblings to the arresting officer.mel-gibsons-dui-arrest-los-angeles.jpg

The “What Women Want” actor absorbed the public once again with a lurid spectacle earlier this year. Taped arguments between Gibson and his ex-girlfriend leaked into the blogosphere, revealing the ramblings of what appeared to be a sad, desperate person. Many of Gibson’s fans abandoned him, and even his long-term Hollywood pals distanced themselves. Never one to be intimidated, however, Gibson refused to allow the bad press to impact his life and his wanderings. Last week, paparazzi snapped some photos of Gibson hanging out at Moon Shadows at Malibu with a young lady friend, whom TMZ.com referred to as a “mysterious blonde.”

Gibson apparently was in no mood to repeat his mistakes of 2006 – he did not consume alcohol, and he had a driver drive him and his date home.

Nevertheless, this story does raise some interesting implications about what happens when defendants commit the same crime twice. If you are arrested and convicted more than once for Beverly Hills DUI, pursuant California Vehicle Code Sections 23152(a) or 23152(b), within a 10-year period, your penalties can escalate substantially.

Collect three DUI’s or more in one decade, for instance, and what ordinarily would be a simple (and potentially dismissible) misdemeanor Beverly Hills DUI charge could get jacked up to a felony DUI charge. As students of the law (and watchers of legal procedural shows) know well, a felony is far more serious than a misdemeanor. Depending on the nature of the legal indiscretion, you may also face additional penalties, such as extended probation time and stricter terms, longer time in alcohol school, longer drivers’ license suspension, more jail time, steeper fines and court costs, and harsher indirect problems, such as spikes in your insurance rates.

For help with your DUI charge, connect with the respected, highly accredited Los Angeles criminal defense attorney Michael Kraut of Beverly Hills’ Kraut Criminal & DUI Lawyers (9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935). Attorney Kraut has experience fighting for both sides: before he became a criminal defense attorney, he spent 14 years as a city prosecutor, during which he amassed a nearly perfect record at jury trials and a reputation as a convincing, compassionate, astute student of the law.

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In 2007, “Freaky Friday” actress Lindsay Lohan was arrested on a relatively routine charge of driving under the influence in Los Angeles.Michael-Lohan-Domestic-Violence.jpg

Since then, Lohan has engaged in bizarre behavior, faced probation violations, and generally conducted herself publicly in what one might charitably describe as an “unusual” manner.

In a two part series, we are going to take a look at some of the most recent developments in Lindsay Lohan’s post 2007 Los Angeles DUI saga.

In this article, we will discuss the latest legal trouble facing her father, Michael Lohan. In a post later on this week, we will talk about Lohan’s amazing offer from Playboy Magazine to strip naked for the magazine for $1 million.

But first, let’s review what happened to Michael Lohan. According to TMZ.com and other outlets in the blogosphere and major media, Lohan was arrested in Florida last week… twice!

Early in the week, Michael allegedly hit his ex-girlfriend, Kate Major, at her apartment, sparking an arrest on charges of domestic violence. Barely 12 hours later, Michael called Kate and harassed her. Concerned for her safety, she called the Tampa police, who responded. Officers considered Michael to be a threat, so they headed to place him under arrest.

What happened next? Something completely amazing: instead of submitting quietly to the arrest, “Michael tried to escaping by hopping his third store balcony…but fell 34 feet to the ground, crashing onto some wooden chairs…and then he try to hide in some trees.”

Needless to say, Michael was ultimately apprehended and placed under arrest for violating the condition for his pretrial release and resisting arrest. Kate later told TMZ, clearly in fit of pique: “he [Lohan] has no regard for the justice system. He can beat up women, but Mr. Tough guy who slurred his words calling me five times after getting into jail wasn’t too tough by jumping off a third floor balcony into a tree to try to flee from going back to the same jail he just got released from less than 12-hours ago.”

Wow. It’s a big mess, and it appears to be getting bigger.

Of course, it’s important to try to draw some lessons from the sordid public tales of the Lohans’ runs-ins with the law, as opposed to merely mindlessly spectating the downward spiral.

Driving under the influence in Los Angeles or anywhere else in California is a crime punishable according to California Vehicle Code Sections 23152(a) or 23152(b). The punishments can be quite severe – they can include jail time, forced probation, loss of driver’s license, mandatory alcohol classes, indirect bad effects on your insurance rates, etc. If you complicate the situation by, for instance, hurting someone while DUI, resisting arrest, etc, you could face additional charges, including the possibility of having a misdemeanor charge elevated to a felony charge.

Not good news.

Fortunately, an experienced Los Angeles criminal defense attorney at the Kraut Criminal & DUI Lawyers (6255 Sunset Boulevard, Suite 1520, Los Angeles, California 90028) can help you. Michael Kraut, the lead attorney, is a former city prosecutor (14 plus years as a Senior Deputy DA), and he has great relationships with prosecutors and a deep understanding of how the legal system works on a practical level.

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