DUI Category Archives — Page 15 of 24 — Los Angeles DUI Attorney Blog Published by Los Angeles & Southern California Criminal & DUI Defense Attorney Michael Kraut

September 26, 2011

Beverly Hills Drug DUI News Update: Witness in Michael Jackson’s Doc’s Trial Goes MIA!

This blog typically focuses on news stories, advice, and tips to help defendants charged with crimes like Beverly Hills DUIs understand their options, build better defenses, and stay out of trouble.

But considering that the trial of the late Michael Jackson’s doctor, Conrad Murray, has consumed more than its fair share of media oxygen, it may be useful to address this admittedly amazing and scary story in this space.

After all, Murray’s trial contains many hidden lessons that can help Beverly Hills DUI defendants understand their challenges, avoid mistakes, and get help before it’s too late.

Prosecutors allege that Dr. Conrad Murray prescribed controlled substances for Jackson, such as the drug propofol, and that the doctor’s reckless care contributed to the pop star’s untimely demise. Prosecutors had been counting on testimony from a Las Vegas pharmacist named Tom Lopez, who was set to testify that Dr. Murray had received huge amounts of propofol — the drug that allegedly killed the King of Pop. Unfortunately for the prosecution, Lopez skipped town… in a major way. He is now apparently living in Thailand.

Whether Murray received massive amounts of propofol – and handed them off to Jackson – will be pivotal to the case. According to a coroner’s report, the King of Pop died in June of 2009 due to an overdose of the lethal combination of propofol and other drugs.

In August 2009, agents from the DEA raided Lopez’s company, Applied Pharmacy Services, and “seized computers, hard drives and other documents relating to prescriptions for controlled substances written by Dr. Conrad Murray for Michael Jackson and shipping information regarding drugs that may have been sent to Dr. Murray.”

The prosecution wants to read Lopez’s testimony, but the defense is arguing that they wouldn’t have the opportunity to cross-examine Lopez, so the evidence should be kept out of the trial.

So, what lessons can drug Beverly Hills DUI defendants learn from what’s happening?

1) First of all, unexpected weirdness can emerge before, during, or after a trial.

No one anticipated that Lopez would zip halfway across the globe and cause a pivotal legal battle before the trial.

2) Traces of your crime can be found far and wide.

Likely, Dr. Murray did not anticipate that his conversations with a Vegas pharmacist would one day become the center of a legal battle. Thanks to prosecutorial investigation techniques and technology, evidence against you can come from a surprisingly diverse array of sources.

3) The quality of your Beverly Hills DUI criminal defense attorney matters.

Your legal representative’s tenacity and acumen can make a profound difference in your case. Will certain evidence be allowed or disallowed? What precision techniques will work on a jury and what ones won’t? Small nuances – differences between a “good” and “great” Beverly Hills DUI attorney – can translate into widely disproportionate outcomes. A good attorney, for instance, may be able to get you off with a two-year jail sentence. But a great attorney might be able to get the charges dismissed altogether. (Obviously, everything depends on circumstances and context.)

For help with your Beverly Hills DUI charge, connect with the team at Beverly Hill’s Kraut Criminal & DUI Lawyers (9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935). Attorney Michael Kraut is an experienced, Harvard Law School educated ex-prosecutor with the connections, legal understanding, compassion, and tenacity to serve you well.

September 23, 2011

Long Beach Celebrity DUI Stories: Do They Help or Harm the Public?

by Michael Kraut

From Perez Hilton on downwards, bloggers and other media players who cover stories about driving under the influence in Long Beach (and elsewhere in SoCal) love to obsess over, speculate on, and pontificate about celebrity DUI arrests. The blogosphere lights up whenever a politician in Oregon is busted for riding his lawn mower while DUI, a pop star princess is busted for a Long Beach drug DUI on a return trip from Vegas, or a football player embarrasses his franchise by hitting three parked cars in one night after partying with his pals at a fancy South Miami club.

Obviously, these cases are entertaining, though theories abound as to why. Some deep thinkers suggest that the whole “let’s take a celebrity down a notch or two” attitude has its roots in the nature of the American myth. Others point to more simplistic Freudian and other physiological reasons. Irrespective of why we engage in voyeurism over celebrity DUI arrests, we do it.

A better question is: Is this media coverage helping people, harming them, doing both or doing neither? Let’s take a look at each of these possibilities.

Helping People

When the blogosphere exposes the latest careless or negligent celebrity, he or she is often painted as a clown or a danger to society. In other words, you don’t want to emulate that person. Thus, one can argue that Long Beach celebrity DUI news serves as a social deterrent.

The coverage also raises discussions about the perils of DUI driving by ruminating over the punishments (jail time, license suspensions, destruction of reputation, you name it), and thus these stories can serve as cautionary tales.

Hurting

On the flipside, one could make a compelling argument that these stories cheapen the problem of DUI. Since these stories circulate so often, our impression is that this is a relatively common thing to do. If people we look up to are doing it, we can probably do it ourselves.

Then there is also the problem of celebrities “getting off” relatively easily. For every story about Lindsay Lohan being tearfully condemned to a jail sentence, you can find three or four Long Beach celebrity DUI stories about football players, politicians, pop stars, etc. getting off with a proverbial slap on the wrist. Readers might be led to believe that driving DUI is (relatively) inconsequential.

The Neutral

Some readers might think this analysis is unnecessary, that a news story is just a news story. Drivers don’t really “take their cues” from what celebrities do or do not do on the roads. And there might be some truth to this side as well.

All of the Above

We also need to consider that there might be some truth to all three positions. Depending on the circumstances –the celebrity involved, the nature of the offense, your ability to relate (or not) with the celebrity, etc. –a news story might be helpful, harmful, or neutral to you.

For practical help with a Long Beach DUI, turn to an experienced attorney: Mr. Michael Kraut of Long Beach’s Kraut Criminal & DUI Lawyers (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454). Attorney Kraut is a Harvard Law School educated former prosecutor who can give you powerful advice about how to deal with any charges, no matter how complex.

September 7, 2011

Beverly Hills DUI with Alcohol News – Happiest Night of Couple’s Lives Ironically Ends with Their Car Twisted around Utility Pole

by Michael Kraut

A Beverly Hills DUI accident is, almost by definition, an ironic affair. The public imagination associates Beverly Hills with luxury, the good life, and good health and spirits. Likewise, when we think of “DUI” we think of horror stories, cars wrapped around telephone poles, mothers and children crying, and other ghastly images. In other words, when we combine these two images in our minds, we get a kind of dissonance. It’s like thinking of chocolate-covered brussel sprouts – the two things don’t go together.

Likewise, when we think of people getting married, we think of happy occasions, such as singing, dancing, merrymaking, and jubilation. The last thing we think of is DUI. But a tragic accident in Western Pennsylvania highlighted how even life’s most happy events can be tarnished – suddenly and surprisingly – by things like a Beverly Hills DUI.

According to the Houston Chronicle, 56-year-old Billy Leroy Peroney was driving home from his own wedding reception with his blushing new bride, Kelly, when Paroney lost control of his vehicle while passing another car and slammed into a utility pole. The force of the impact was so powerful that it ricocheted the vehicle into a nearby house. The Houston Chronicle reported that Kelly was airlifted from the accident; as of the most recent report, there was no information on her condition. Billy Paroney was put through a field sobriety test; and he admitted to consuming alcohol prior to the accident.

Beverly Hills DUI sobriety tests – such as walk the line, finger to the nose, count backwards by threes, say the alphabet backwards, stand on one leg, and horizontal gaze nystagmus – are unpleasant and scary. But if you fail your Beverly Hills FSTs, you are guilty, right? Not so fast. Indeed, there are many reasons why you think you might underperform on FSTs that have absolutely nothing to do with the amount of alcohol you did or did not consume. These include:

• Your level of fatigue (if you are tired, you might stumble and fumble);
• Your level of fear or anxiety (who hasn’t done the equivalent of forgetting a big line in a play when they are under pressure?);
• Police error, overestimation, or misjudgment of your behavior;
• Your natural habits and tendencies (maybe you are just a klutz by nature);
• Interference from other, non-alcohol factors, such as illness, disease, or other medication that you are legally allowed to take.

A Beverly Hills DUI defense attorney, like the Kraut Criminal & DUI Lawyers’ Michael Kraut (9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935), can help you unpack possible plans to fight back against the charges and make sure that you are treated justly and fairly. Attorney Kraut is an experienced former prosecutor, and he has the wherewithal and the resources to help you.

August 29, 2011

Long Beach DUI Field Sobriety Test with Rodney King: How Did the Police Handle It?

by Michael Kraut

Last week, Rodney King – the man whose videotaped beating ultimately sparked race riots that left 55 people dead and $1 billion worth of property damaged in its wake – was charged with DUI near Long Beach.

Twenty years ago, King was stopped by LAPD officers and then beaten to near death – the tragic beating was captured on video, and it led to the indictment of four officers involved. When three of the officers were acquitted, the verdicts touched off race riots that tarnished Los Angeles’ name for over a decade.

So how did police handle the King near Long Beach DUI stop this time?

According to news reports: relatively smoothly. CNN reported this blow by blow: “A Moreno Valley traffic enforcement unit observed King commit “several traffic violations,” although he was not cited for speeding. After questioning King, a patrol officer noted King exhibited signs of behavior that might involve alcohol or drug consumption.”

King was asked to step out of the car and submit to a voluntary field sobriety test. He was “cooperative and compliant.” So no drama on either King’s part or the LAPD’s part.

Is that a sign that the LAPD has evolved or that race relationships have changed in the city?

Pundits can say what they will, but a single stop is a single stop. It’s hard to extrapolate patterns from single data points, as any good scientist would tell you.

It’s pretty amazing – given what King went through 20 years ago – that he managed to behave calmly and rationally. A Long Beach field sobriety test can be a very scary ordeal. You might be asked to engage in a series of physical and mental coordination tests, such as walk the line, finger to the nose, horizontal gaze nystagmus, counting backwards, and other balance tests. If you underperform – trip or stumble – officers might interpret your lack of coordination as a sign that you were indeed driving under the influence in Long Beach, and you could be arrested and charged pursuant to California Vehicle Code Sections 23152(a) or 23152(b).

And that’s just if you were stopped without any other complications, such as an accident, injury, hit and run, or other traffic infraction.

If you or someone you love got pulled over for Long Beach DUI, you may be bedazzled by questions, like:

• What is the best way to navigate the Southern California legal system?
• How do you build your best defense?
• How do you make sure that the police and prosecutors treat you fairly?
• How do you avoid making mistakes or giving statements that could compound your legal woes?

A Long Beach criminal defense attorney at the Kraut Criminal & DUI Lawyers (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454) can help you understand what to do – and, possibly more importantly, what not to do. Attorney Michel Kraut spent over 14 years as a Senior Deputy District Attorney for the City of Los Angeles (a prosecutor of crimes like DUI), and he has a fantastic track record for developing strategic, effective, and aggressive defenses for DUI clients.

August 25, 2011

Pasadena DUI Penalties for Six-time DUI Offenders – Do they Match Penalties for Greenville, South Carolina, Offenders?

by Michael Kraut

What might happen if you got arrested and charged with driving under the influence in Pasadena six times in a single calendar year?

What might that experience teach you?

Let’s not jump to conclusions. There is always the possibility that you were just unlucky. Or maybe a local police officer has it out for you because you two got into a bar fight once, and he hasn’t let the grudge go. It’s possible. But if you’ve been arrested and charged with DUI six separate times in a single year – like Greenville, South Carolina, resident Warren Brooks – maybe it’s time to have a serious heart-to-heart with a therapist to find out what’s at the core of your bad decision making and risky behavior.

That’s right – this actually happened to somebody.

Accordingly to WSOCTV.com (a South Carolina-based TV station website), Brooks was pulled over and arrested for DUI six times within a calendar year.

Here is a quote: “Brooks’ first driving the under influence charge occurred in August 2010. The second charge came in May. His third and fourth followed within two weeks. The fifth charge in June involved a hit and run, and he had to post higher bond amounts of $25,000 for DUI and $10,000 in the hit and run charge. The sixth DUI charge was in July, according to police reports and court records.” Greenville County Chief Prosecutor Walt Wilkins criticized Brooks’ behavior: “This is one of the most egregious cases that we’ve seen in a long time…obviously, he has an issue with alcohol.”

Brooks’ lawyer publicly stated that his client has never been in legal trouble prior to this spate of charges: “He is a very intelligent man…his life just spiraled out of control.”

Look, sometimes in life we face unlucky streaks: we make bad decisions often. That’s life.

Unfortunately for defendants, Pasadena DUI penalties ratchet up every time you are convicted of an offense. For instance, if you are a first time offender, you might face a misdemeanor. The consequence could be dire, but not end-of-the-world dire: 40 hours in jail, $1,000 fine on top of court costs, six weeks to nine months of DUI alcohol school, one year suspended license, mandatory installation of an interlock device in your car in some cases, and tough probation terms.

But if you are arrested for a second time, third time, fourth time, or, unbelievably, sixth time, the penalties become harsher. For instance, a fourth-time Pasadena DUI offender – someone who commits four DUIs within a 10-year span — faces a minimum of 180 days in a jail, just for a misdemeanor! Stack on: a four-year license suspension, 30 months of alcohol school, three year license suspension, and a variety of other punishments, including the possibility of escalating that misdemeanor charge to a felony.

Once you get on this rollercoaster of multiple charges and losing control in general, it’s hard to hit the metaphorical brakes in your life.

That’s why attorney Michael Kraut of Pasadena’s Kraut Criminal & DUI Lawyers (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899) is a strong advocate for strategic defense thinking. You need to think long term. It’s not just about getting yourself exonerated from, or minimizing, your current penalties. Yes, those are important. But your challenge is also about probing deeper, trying to identify the fundamental causes driving your Pasadena DUIs or criminal behavior, addressing those, rebuilding your confidence, and getting your life back on track. You don’t have to figure this out all on your own. A Pasadena criminal defense attorney can help you understand your rights and figure out what to do next.

August 10, 2011

Long Beach DUI Penalties: A Cautionary Tale, as Former NBA Star Starts 20-Day Jail Sentence

by Michael Kraut

Let’s get this straight: driving under the influence in Long Beach is a crime. A major one.

Depending on how you defend yourself (e.g. whether you consult with an experienced Long Beach criminal defense attorney or not), as well as the circumstances of your Long Beach DUI arrest, you can face truly horrific punishments, such as jail time. It doesn’t matter whether you are a celebrity, political superstar, rock star, or athlete.

Just ask Lindsey Lohan.

The latest proof that Long Beach DUIs can and will be punished — hugely — comes out of Pontiac, Michigan, where Jalen Rose, a former NBA player and ESPN analyst, started a 20-day jail sentence pursuant to his March arrest in West Bloomfield Township for DUI. According to an Associated Press article, “Rose crashed his sports utility vehicle… after drinking 6 large martinis. The 38-year-old pleaded guilty in May.” According to the AP story, the judge who sentenced Rose was known for “tough punishments.” 20 days behind bars is anything but light, especially since the analyst didn’t hurt anybody (expect for his car) in the disaster.

The story illustrates a truism about Long Beach DUI punishments. Namely, you can never identify in advance all the possible “X factors” that can lead to better (or worse) outcomes for your case. Here are some X factors, over which you have little to no control:

• Judge has a reputation of being unusually harsh;
• Police officer who arrested you (for whatever reason) has some sort of grudge;
• You can (or cannot) find compelling exonerating evidence;
• Your can (or cannot) win sympathy from a judge or mercy from prosecutors.

So there are so many factors outside of your control. Focusing on them can be depressing.

But fortunately, you can leverage factors within your control to get (probably) far better results than you likely realize is possible right now. In other words, don’t say: “this is all so unfair. The police, prosecutor, judge, [insert other villain here] is against me. I have no hope.”

Instead, focus on being resourceful. What is true about your situation now? What do you want out of your situation in terms of preventing punishments and protecting privileges and rights?

Once you are very, ultra clear about where you are and where you want to be, you can start collecting resources to achieve that reality faster and more efficiently.

One great potential resource is Attorney Michael Kraut of the Kraut Criminal & DUI Lawyers (located in Long Beach at: 444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454) Mr. Kraut is an experienced former prosecutor who is often called upon as a legal expert by major media throughout the Southland. As a former prosecutor, he understands how other prosecutors think and react, and he can use his insight and knowledge to build a better case for you.

July 15, 2011

Beverly Hills DUI Celebrity Update: Rick Springfield Pleads Not Guilty to Malibu Charges

by Michael Kraut

When a celebrity like famous 80’s rocker Rick Springfield faces a charge like driving under the influence in Beverly Hills or Malibu, you can be sure that tabloids and websites like TMZ.com will be all over the story: speculating, criticizing, and occasionally sympathizing with the famous person at the center of the storm.

If you or someone you care about has recently been hit with a similar charge, such as Glendale DUI, DUI in Pasadena, DUI in Los Angeles, or driving under the influence in Burbank, you might follow these celeb arrests particularly closely – not only to see whether they might have indirect bearing on your case but also to learn more about how defendants deal with them, functionally and dysfunctionally.

Before we get into too much speculation, let’s take a closer look at what happened to Springfield. On May 1, as this blog reported, the “Jessie’s Girl” singer got stopped on Pacific Coast Highway in his 1963 Corvette – allegedly he had been speeding. The 61-year-old Springfield took a blood alcohol test and scored 0.10% BAC – as regular readers of this Los Angeles criminal defense attorney blog know, a BAC level of over 0.08% constitutes a DUI level of intoxication, according to California Vehicle Code 23512(b).

As this blog also tries to hammer home, just because you fail a Beverly Hills breathalyzer test, field sobriety test, or even blood test does not mean that you will be convicted of charges. Springfield, for instance, pled not guilty through his lawyer last Tuesday in Malibu. His case is relatively straightforward (or at least it appears to be, from news stories). His misdemeanor DUI charge is not associated with injuries, hit and run, or other criminal or logistical complications.

Not every defendant faces such simple charges. You might face extra legal trouble and hurdles if you have previously been convicted for a DUI or other criminal charge, if you hurt someone during your DUI, if you engaged in a “hit and run” accident or acted belligerently or inappropriate to police at the scene, etc.

One of the keys to success is acknowledging your specific reality – your concerns, values, fears, and potential punishments. The details of your DUI case matter profoundly – as does your choice of legal representative. Beverly Hills’ Kraut Criminal & DUI Lawyers (9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935) can not only advise you about your rights but also help you uncover unique and extremely helpful strategies to battle charges, potentially get them dismissed, and get your life back on track. Attorney Kraut is a well respected former prosecutor (14+ years as a Senior Deputy DA). His combined experience from both sides give him an advantage that few other defense attorneys have.

June 15, 2011

Beverly Hills DUI? How About the Opposite – DUI in Middle of Yellowstone National Park!

by Michael Kraut

Let’s face it: There are a lot more stories about celebrities driving under the influence in Beverly Hills and similar places (e.g. Burbank DUI, Pasadena DUI, Glendale DUI, Los Angeles DUI) than there are newsworthy events about people driving under the influence in national parks. And for good reason. The Southland is replete with millions of drivers, all of them competing to survive countless SIG alerts, smog, and each other. Out in the wide open, there are simply fewer cars and fewer chances for collisions or other problems.

All that said, occasionally, wild stories do come literally out of the middle of nowhere. To wit, consider the case of two bus drivers accused of driving DUI in the middle of Yellowstone National Park while transporting middle school students. Park rangers arrested the two drivers from Karst Stage (names have not yet been released) near the north entrance. KBZK TV reported that the drivers were transporting nearly 100 7th graders from a local Montana elementary school. The owner of Karst Stage, Jerry Perkins, said the company complies with DOT policies and requires third-party drug testing for its employees. In a written statement, Perkins said: “We are reviewing our safety practices to determine what improvements may be made and are very thankful that every one arrived home safely from the field trip.”

The Yellowstone DUI story barely merited a half page report from the Associated Press. But imagine if the details have been slightly different. Imagine, if instead of Yellowstone, the bus drivers drove DUI in the middle of Beverly Hills. And imagine if there had been an injury collision, and students had been hurt or killed. You’d likely see major front page stories and lots of public handwringing about “how to prevent something like this.”

The fact is: DUI is a DUI, on some level. The difference between these scenarios is far smaller than you might realize. It’s easy for friends, colleagues, and the media to villainize convicted DUI drivers. But this cartoonish characterization is incorrect and possibly even dangerous.

The moral of the story is: If you or someone you care about has been pulled over for Glendale DUI, a Los Angeles criminal defense attorney can help you strategize. Attorney Michael Kraut (of Beverly Hills’s Kraut Criminal & DUI Lawyers, 9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935) spent 14-plus years as a Los Angeles Senior Deputy District Attorney, during which time he accrued tremendous amount of knowledge. Attorney Kraut can leverage his unique experience and relationships to help you get results.

June 13, 2011

Burbank DUI Bonanza: Multiple Lawmakers in Trouble for Driving Under the Influence

by Michael Kraut

The Burbank DUI news blotter was hopping last week with stories about East Coast politicians in trouble for driving under the influence. So in this post, we will extend beyond our typical coverage of Los Angeles DUI, Glendale DUI, Burbank DUI and DUI in Pasadena news to discuss the twin cases of Rhode Island representative Robert Watson and Pennsylvania lawmaker John Galloway.

Watson’s story.

According to www.boston.com, representative Watson, a 50-year-old lawmaker from Rhode Island, got pulled over in East Haven, CT on April 22nd. He allegedly had both marijuana and cocaine in his system. “Police say Watson failed a sobriety test, smelled of alcohol and marijuana and slurred his words at the checkpoint. Officers say they found a small bag of marijuana and a pipe in his pocket. Laboratory tests showed Watson’s blood alcohol level was 0.07, below the state’s 0.08 limit (and the Southern California DUI limit of 0.08% BAC).”

Representative Watson vigorously denied using cocaine. Addressing reporters outside New Haven Superior Court, he lobbed a vociferous defense: “I intend to address [the charges] vigorously. I intend to continue to deny the allegations lodged against me, and I hope and expect that I am found not guilty.” Watson has alleged that he had marijuana on his person to treat pancreatitis related pain. He accused officers of going after him because he is an elected official.

Galloway’s story.

Meanwhile, also last Tuesday, police in Harrisburg, Pennsylvania pulled over state Rep John Galloway on 2nd street. According to NBC Philadelphia, “the officer put Galloway through several field sobriety tests, which he allegedly failed. The officer then asked Galloway to take a breath test and he refused to do so.” The officer then arrested Galloway for driving DUI and committing other traffic violations.

Stories in Context

Fortunately for these two lawmakers, last week’s political oxygen was spent mostly on reveling in the unbelievable behavior of former Vice Presidential candidate Sarah Palin (who made up bizarre statements about Paul Revere’s ride) and New York representative Anthony Weiner (who engaged in bizarre and lurid internet activity).

When lawmakers misbehave and get accused of crimes like driving under the influence in Burbank (and elsewhere), trust in the system degrades. That’s why it’s so important to handle such cases delicately, fairly and objectively.

If you or someone you care about (a relative, friend, co-worker, etc) needs services from a reputable Los Angeles criminal defense attorney to deal with a DUI issue, the experienced leaders at Burbank’s Kraut Criminal & DUI Lawyers (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) can help you simplify and strategize. Attorney Michael Kraut is a former L.A. prosecutor (14 years as a Senior Deputy DA) who has built his reputation on developing and delivering solutions for clients facing complex charges.

June 8, 2011

Pasadena Breath Test Implications: Will Tainted Santa Clara County Breathalyzer Tests Ultimately Impact Southern California Cases?

by Michael Kraut

If you have recently been arrested and charged with driving under the influence in Pasadena or elsewhere in Southern California (e.g. DUI in Burbank, DUI in Glendale, DUI in Pasadena, DUI in Los Angeles) chances are you’ve tuned into some very curious news out of Santa Clara County, California. Over 850 DUI cases up are being reviewed, after evidence emerged that the Alco-Sensor V breathalyzers used throughout Palo Alto and San Jose may have been significantly defective. As this blog reported a few weeks ago, the Alco-Sensor V breathalyzers have a manufacturer’s defect that causes condensation buildup and skews BAC readings.

The defective breathalyzers may have led to false arrests and convictions.

All that said, so far the Santa Clara County Public Defender’s Office has not identified too many problematic cases. Out of 858 files that theoretically could have been disputed, so far, only 42 questionable cases have so far surfaced. An Assistant Public Defender, Nona Klippen-Hughes, admitted “I don’t think there is going to be a huge number of cases.” Part of the problem is that the average BAC level for arrest was 0.19% – significantly over the legal limit – and many suspects who used the Alco-Sensor V device also blew DUI positive breath results at the police station after being taking into custody.

So the revelation about the faulty machines may not be as “newsworthy” as initial reports suggested…unless, that is, you consider the story in context. Then, it gets a LOT more interesting. For instance, Vermont and Florida have witnessed serious breathalyzer-related problems that may result in a wholesale throwing out of some pretty big charges.

These breathalyzer-related mishaps are disturbing. Especially because it can be easily demonstrated that breath tests skew in a variety of ways. As this blog has noted time and again, if you blow deeply into a breathalyzer machine, you get a higher BAC reading than if you blow lightly. Men and women process alcohol differently. Chemicals on your breath alter these tests. Calibration and officer errors mess them up. And, obviously, manufacturing defects can also do the job.

A Los Angeles criminal defense attorney can unpack the evidence against you and develop a battle plan to fight the charges. For instance, say you blew an over-the-limit BAC level reading on a breathalyzer. Attorney Michael Kraut of Pasadena’s Kraut Criminal & DUI Lawyers (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899) could potentially challenge the results on a number of grounds. Attorney Kraut served as a prosecutor for nearly 15 years. He still uses his connections, insights, prosecutorial mindset, and perspective to help clients get the results that they want and deserve.