San Fernando DUI Defense Attorney

January 7, 2011

Burbank DUI Analysts and Sports Fans Alike Flummoxed by Former Bucs QB’s Tampa Arrest

Outlets that cover stories of sports stars busted for driving under the influence in Burbank (and elsewhere) have been spilling a lot of ink over the Sunday morning arrest of Shaun King, a former quarterback for the Tampa Bay Buccaneers. The 33 year-old got pulled over on US 301; after King refused to take a blood alcohol test, he was arrested and held until the morning, when he made a bail of $500.

Those of you who’ve recently been arrested for Burbank DUI, driving under the influence in Pasadena, Glendale DUI, or Los Angeles DUI may have a visceral sense for the emotional challenges that the QB went through as he spent the night at jail. King played for both the Bucs and the Arizona Cardinals over 7 seasons and currently serves as an analyst for Bright House Sports Network and co-hosts a local Tampa Radio sports show. He actually appeared on his radio show the day after his DUI bust and issued thanks to supporters. He didn’t comment explicitly on his case and referred to it only as “a very unfortunate circumstance over the weekend.”

Shaun King’s reticence to discuss his charges publicly may seem “haughty” to fans who like to see celebrities air their dirty laundry as a kind of penance. But the practice of not saying too much during and after a DUI arrest is a savvy one. Providing too much unnecessary disclosure can actually hamper your ability to construct a top level defense.

Analysts should also note that King refused his blood alcohol test. In some senses, this is unsurprising. Burbank DUI breathalyzer tests are notoriously unreliable. The breathalyzer machine ostensibly uses sophisticated chemical methods to determine your blood alcohol concentration (BAC) level and thus give police officers information about whether you’re DUI or not. A BAC reading of 0.08% or greater is enough to get you tagged with DUI, although you can still be arrested in certain circumstances even if your BAC is below this cut off.

Why is the breathalyzer a less than an ideal method of “sussing out” BAC levels? Here are seven quick reasons:

1. Breathalyzer tests do not discriminate between men and women.
2. Diabetics can blow “false positives” on breathalyzers because chemicals in their breath interfere with the sensors.
3. Calibration errors can lead to false positives.
4. If you blow extra deep into the machine (like the officer might ask you to), you can actually register a higher BAC than you really have.
5. Improper care of breathalyzer can cause it to malfunction.
6. Poor administration of the machine can also lead to false readings.
7. Other chemicals aside from alcohol can influence the breathalyzer.

To construct an appropriate Burbank DUI defense, connect immediately with an experienced Los Angeles criminal defense attorney. Mr. Michael Kraut of the Kraut Criminal & DUI Lawyers can provide immediate assistance for Burbank DUI defendants at 818-563-9810. His offices are conveniently located at 2600 West Olive Avenue, 5th Floor, Burbank, California 91505. Mr. Kraut is a former prosecutor who boasts a Harvard Law School education and a nearly perfect record at jury trials.

December 20, 2010

Burbank DUI Bombshell: Local Poker Players Shocked as World Series Runner Up Socked with Third DUI

by Michael Kraut

Everyone in the world of poker knows that driving under the influence in Burbank (or, really, anywhere in the United States) is bad news. Unfortunately, John Racener, Runner Up in the 2010 World Series of Poker’s Main Event, may not have gotten the memo. According to a report out of St. Petersburg, Florida, Racener got arrested on December 11 for his third DUI, after police stopped him near South Westland Ave and West Azeele Street.

If someone or you care about has been recently pulled over under suspicion of a Burbank DUI, Pasadena DUI, Los Angeles DUI, or Glendale DUI, Racener’s story may sound uncomfortably familiar. Just last month, the 24-year old won $5.5 million in Las Vegas. But all his earnings may not be enough to prevent him from seriously harsh penalties. According to the St. Petersburg Times, “Racener has been arrested in Hillsborough County three times before – on charges of driving under the influence in 2005 and 2006 and on a misdemeanor battery charge in 2009.”

Racener allegedly refused a blood alcohol test and made a bail of $1000 to secure his release.

As we’re going to see in a moment, the more often you get arrested and convicted for DUI charges, the more uncomfortable the penalties become. For instance, a first time Burbank DUI offender might get a misdemeanor and be subjected to court penalties such as 48 hours in jail (max six months); court costs and a fine of a $1000; a full year license suspension; six weeks minimum DUI alcohol school; and formal or informal probation.

A second time misdemeanor DUI within 10 years results in an increase in your jail time and alcohol school minimums, doubles your license suspension, hikes up your court costs and fines, and leads to potentially other punishments.

If you get convicted of three DUIs within a decade – a la John Racener – a 3rd time misdemeanor offense will land you a minimum of 120 days in jail with a maximum of a full year. Your other penalties (e.g. alcohol school, license suspension, fines, etc) will also hike up.

Beyond this, extra DUI convictions within 10 years will lead not only to more penalties but also to potential felony convictions for what ordinarily would be considered a misdemeanor offense.

All of this is to say that a Burbank DUI defense attorney, like Michael Kraut of the Kraut Criminal & DUI Lawyers, may be an essential person to call if you or someone you care about faces charges. Whether this is your first arrest in your life for anything or whether you have a criminal record already, connect with Attorney Kraut’s Burbank offices at 2600 West Olive Avenue, 5th Floor, Burbank, California 91505. Or dial 818-5639-810 for immediate help.

Attorney Kraut has a Harvard Law School education, and he has been featured as an expert on DUI law by CNN, ABC News, KTLA Channel 5, and the Burbank Ledger.

August 23, 2010

Los Angeles DUI Online Community Muses about Another Lawnmower DUI Arrest

by Michael Kraut

The annals of Southern California DUI news (and news about DUI from around the country) are filled with some seriously bizarre stories. This blog has attempted to highlight many of these. In particular, a disturbing (if accidentally humorous) trend that appears to be emerging is lawnmower DUIs. The latest lawnmower DUI arrest to hit the radar comes from Central Florida.

On the night of August 13, a man named Richard Paschen – who had three previous DUIs on his record and a suspended driver’s license – was caught by a Marion County Sheriff piloting his red lawnmower while under the influence of alcohol. The deputy who pulled him over, Gary Miller, told the press that Paschen admitted that he had had “a pretty good bit” to drink, and Paschen also had a cup full of beer with him in the lawnmower’s cup-holder. Paschen refused to take a breathalyzer test, and the officer arrested him and held him in Marion County jail under a bond of $30,500. Paschen’s defense: He claimed that he had gotten lost driving home.

It’s important to remember that you can get a Southern California DUI charge (and conviction) if you drive vehicles other than cars, trucks, and motorcycles. If you boat under the influence, that’s a crime, for instance. And this makes sense. When you pilot a complex and potentially dangerous piece of machinery, if you get distracted, uncoordinated, and uninhibited, you could cause serious damage to yourself and other people.

All that said, many people out there are confused about exactly what constitutes driving under the influence in Burbank (or elsewhere in the Southland), legally speaking. And this lack of knowledge about the law can be dangerous.

So let’s spell out once again what would be considered DUI in Burbank, according to California Vehicle Code Sections 23152(a) and 23152(b).

According to 23152(a), if the police catch you driving a motor vehicle (including a boat) while under the influence of illegal drugs or alcohol, you will be stopped and arrested and charged with a significant crime. Convicts will face myriad penalties, including California license suspension, fines and court costs, points on your license, jail time, and all sorts of secondary consequences coming off of that, such as higher insurance rates (which can add up to thousands of dollars over the long term), and problems getting hired and leasing an apartment or car.

So what should you do if you or someone you love has been pulled over and charged with a Burbank DUI? Rather than panic or procrastinate, connect quickly with a Los Angeles DUI lawyer who has the skills, knowledge, and wherewithal to help you develop a defense.

July 12, 2010

Los Angeles DUI Convicts to Face Mandatory Ignition Interlock Device Installation

by Michael Kraut

Last Thursday, July 1, California’s new test program to curb DUI in Los Angeles by compelling first time convicts to install interlock ignition devices (IIDs) went into effect. The pilot program will affect four California counties – Los Angeles, Sacramento, Alameda, and Tulare.

A study through the International Council on Alcohol, Drugs and Traffic Safety found that convicts compelled to install IIDs were significantly less likely to get arrested again for driving under the influence. Local politicians celebrated this development – assemblyman Mike Feuer was quoted in the Associated Press saying that the law can “save hundreds of lives here.”

The new DUI in Los Angeles punishment experiment will last for five years, after which time California lawmakers will analyze its efficacy and decide whether to expand the program – which is already at work in some fashion in 13 states across the country.

Los Angeles DUI offenders will, per the law, have to pay $125 to install the IID and $60 monthly to maintain it. Low income offenders may be granted some dispensation on these prices. On top of this, convicts must pay a one-time administrative fee for the IID of $45.

How will the number of convictions figure into the cost-calculus?

First time offenders — will have to have devices in for at least five months. Based on the numbers quoted in the AP, that should add up to $470: $125(installation) + $45(fee) + $300(total monthly fees).

Second time Burbank DUI offenders — will have the device installed for 12 months. That should be a total of $990: $125(installation) + $45(fee) + $720(total monthly fees).

Third time offenders — will have an IID in for 24 months, bumping the total cost up to $1,710: $125(installation) + $45(fee) + $1440(total monthly fees).

Fourth time Southern Californian DUI offenders (within 10 years) — will have to have an IID for 36 months: $125(installation) + $45(fee) + $2160(total monthly fees).

If a driver gets into an injury accident while DUI, the installation times will double.

What can you do if you or a loved one has been tagged with a charge of driving under the influence in Burbank? A skilled and battle-tested attorney can make a huge difference.

June 21, 2010

Actor Chris Klein Snagged for Los Angeles DUI

by Michael Kraut

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

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

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

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

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

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

May 17, 2010

Warrant Singer Tagged for Second Southern California DUI in a Year

by Michael Kraut

Jani Lane, the 46-year old former front man of the ‘80s glam band Warrant, was arrested for driving under the influence in Southern California last Sunday at 3 in the morning after he plowed his black Infiniti into a parked car. Police who arrived on the scene found the ex-rocker — famous for hits like Cherry Pie, Heaven and Down Boys — in a bad state. Lane allegedly blew more than twice California’s legal limit of 0.08% on a breathalyzer test. According to California Vehicle Code Section 23152(b), driving with a BAC of more than 0.08% is an offense punishable by jail time, among other things.

Ironically, the officer who arrested Lane in Woodland Hills was the same officer who arrested him in 2009. As this blog reported, his July 2009 arrest led to a plea of “no contest,” and Lane was convicted of a misdemeanor DUI. Fortunately, no one was hurt at the scene, but if Lane is convicted of this latest charge, he will obviously be in violation of his probation.

If you are arrested for multiple charges of DUI in Burbank or DUI in Glendale, what punishments should you expect above and beyond those “typical” for a first misdemeanor DUI?

Obviously, penalties depend upon the context of the arrest and whether complicating factors exist. For instance, did you injure somebody in either of your Los Angeles DUI arrests? If so, you could be charged instantly with a felony. This would lead to penalties such as substantial jail time and steep fines. Plus, a felony charge can make it difficult for you to find employment and impossible to vote in elections. But even if both Burbank DUI convictions were not complicated by any other factors, your penalties can still go up significantly.

For instance, your mandatory jail time will go up, as will your court cost and fines. Instead of a one year mandatory California driver’s license suspension, you will face a two year suspension. Your probation will likely be stricter. You will face longer mandatory alcohol school. And so on.

So if, like Jani Lane, you’ve been cited more than once for driving under the influence in Southern California, it’s in your interest to retain a reputable and trial-proven attorney.

May 5, 2010

Administrative Officer Charged by DA’s Office with Los Angeles DUI – After Leaving Party Hosted by the DA Himself!

by Michael Kraut

In an ironic Los Angeles DUI case, Miguel Santana, a 40-year-old LA city administrator, has been charged with driving under the influence in Southern California following an evening of partying with none another than District Attorney Steve Cooley. Last Monday, Cooley’s office filed Los Angeles DUI charges pursuant to Santana’s March 26th arrest in Covina for driving with a blood alcohol content of 0.15%.

Santana, who wields extensive budget authority for Los Angeles, attended an American Diabetes Association fundraiser at a Marriott Hotel along with DA Cooley on March 26. He left the party in a city-owned car and got stopped and arrested by the CHP (California Highway Patrol) in Covina. Santana made a $5,000 bail and issued a public apology the following morning. In the wake of the arrest, Santana entered an alcohol treatment program, turned into his city car, and took a temporary leave to deal with his legal situation. He went back to work on April 15th. A May 25th arraignment has been scheduled.

According to the DA office’s allegations, Santana had a BAC of 0.15%. What exactly actually does Southern California DUI law say about BAC levels?

Two California Vehicle Code Sections are critical: CVC Section 23152(a) and CVC Section 23152(b). 23152(a) says that a driver stopped while under the influence of alcohol or drugs can face criminal charges — either a misdemeanor or a felony depending on circumstances. If you get convicted of multiple DUIs within a 10-year period, or if you injure someone during the commission of a Pasadena DUI, for instance, you may face a felony. Punishments can include a loss of California driver’s license, major fines, and mandatory installation of an interlock ignition device in your car.

23152(b) defines driving under the influence in Glendale (or elsewhere in Southern California) “per se” as driving with a BAC of 0.08% or higher. In Santana’s case, his BAC of 0.15% was nearly twice the legal limit – perhaps high enough over the limit for him to face additional charges on top of standard misdemeanor Southern California DUI.

What Can You Do If You or a Loved One Faces Similar Charges?

Legal options abound. But if you don’t take smart and decisive steps to build a strategic defense, you could wind up facing harsh penalties that can follow you for years.

April 22, 2010

Heather Lockhear hit-and-run case could be complicated by her 2008 Southern California DUI

by Michael Kraut

Actress Heather Locklear, star of the TV series “Melrose Place,” was hit with a misdemeanor hit-and-run charge Saturday; her case could be vastly complicated by her previous arrest for driving under the influence in Southern California in September 2008. According to the Deputy District Attorney for Santa Barbara, Lockley “could be facing a maximum of 90 days” in prison, if she’s convicted of violating her Los Angeles DUI probation.

Play-by-play of the crash and arrest
On 4 A.M. Saturday night, a local Ventura County resident woke to the sound of a violent crash near his house. He investigated and saw a car smashed into a “no parking” sign. The driver peeled off. Concerned, the witness called the police, who investigated and connected Heather Locklear with the crash. Her black BMW had damage to its tire well that matched perfectly with damage to the “no parking” sign.

The police captain who cited Locklear did not handcuff her or take her to the station. Nevertheless, a court date has been set for May 17. (After her 2008 arrest, the 48-year-old actress was sentenced to 12 hours of road safety training, a $700 fine, and three years probation–in exchange for getting her Southern California DUI charge dropped.)

Whether a celebrity has been arrested for DUI in Burbank or for driving under the influence in Long Beach, she can be charged according to two DUI laws: California Vehicle Code Sections 23152 (a) and 23152 (b). The first statute says that if police stop you for driving under the influence of alcohol or drugs, they can arrest you and charge you with a misdemeanor or felony. Convicted offenders face jail time, suspension of California’s drivers license, points on the DMV record, and major fines and court costs. 23152 (b) defines DUI in Southern California “per se” as having a blood alcohol content (BAC) at or above 0.08%.

Although a single conviction of DUI in Burbank may only result in a misdemeanor, the charge can be elevated to a felony if this is your third DUI within 10 years or if you hurt someone.

Legal assistance for dealing with a charge of DUI in Southern California

If you or a loved one has been arrested for DUI — whether you face straightforward charges or more complicated ones like Heather Locklear now faces — you can likely benefit from the counsel of an experienced and trial-proven attorney.

April 19, 2010

Celebrity Los Angeles DUI Reporters Obsessed with Former NBA Star’s New DUI

by Michael Kraut

Across the blogosphere, reporters who cover celebrity Los Angeles DUI events have been chiming in with opinions about the arrest of Rod Strickland, an Assistant Coach for Kentucky’s basketball team and former NBA star (17-year NBA veteran, in fact). The 43-year old Strickland was arrested at 3 a.m. on April 13th in Lexington, Kentucky after police saw him run a red light.

Per court documents, Strickland failed a breathalyzer test. Police remanded him to the Fayette County Detention Center on charges of driving under the influence, running a red light and lacking registration and insurance.

Strickland has run afoul of the law numerous times over the past several years:

o In 1994, he and a fellow teammate on the Portland Trailblazers got into a fistfight with a truck driver, earning Strickland a misdemeanor battery charge.
o In 1998, Strickland collected his first DUI conviction.
o In 1999, while with the Wizards, he collected another DUI and reckless driving charge but managed to get acquitted.
o In 2001, in Virginia, Strickland got arrested for driving under the influence again.

The laws governing Kentucky and Southern California DUI matters are different in significant ways. Let’s look at a common test for Los Angeles DUI — the famous Breathalyzer Test.

The breathalyzer is a handheld device that intakes a suspect’s breath and chemically analyzes it to determine its alcohol content. From the sample, analysts extrapolate a BAC number (blood alcohol concentration). If your BAC is at or above 0.08%, you can be found in violation of the California Vehicle Code Section 23152(b) and suffer a range of penalties, including court costs and fines, jail time, mandatory alcohol school, probation, and forced installation of an interlock ignition device.

Breathalyzers are not error-free, however. Indeed, a surprising variety of factors can interfere with test results. Men and women process alcohol differently and at uneven rates. Breathalyzers do not distinguish between ethanol — the active ingredient in alcoholic beverages — and certain other chemicals. Diabetics may blow false positives due to chemicals in their breath. Different exhalations can yield different BAC readings — even from the same person taken at the same time! And calibration problems, administration problems, inadequate care of machinery and mis-reading the instrument can all lead to false positives — and that can mean false convictions for Southern California DUI charges.

But what if a breathalyzer said you had a BAC above 0.08%? Will you be stuck with a Burbank DUI or Glendale DUI charge? Or can you do something to fight back and prove your innocence?

Defendants do have options to battle back. A reliable, trial-proven lawyer can investigate your breathalyzer test results and determine whether they can be challenged on any number of grounds. He or she can also devise a comprehensive strategy to dispute your Burbank DUI charge — or at least provide a best-case defense for you.

April 14, 2010

Sports Celebrity Los Angeles DUI Blogs Debate Chris Chelios’ Sentence

by Michael Kraut

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

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

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

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

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

Officers test suspects both physically and mentally.

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

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

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