Uncategorized

February 16, 2019

Everything You Wanted to Know about Boating Under the Influence (BUI)

From gorgeous harbors and miles of coastline to hundreds of lakes, reservoirs and waterways, there are plenty of places in California to enjoy time out on a boat. But if you think operating a boat exempts you from California DUI laws, think again. Last spring, Dean Allen Payne came face to face with the full force of California law after running his boat over two ladies in innertubes, seriously injuring both of them. After being convicted operating the boat while intoxicated, Payne was sentenced to 12 years in state prison.

While DUI boating laws differ only slightly from those covering automobiles on the road, the consequences of breaking them can be no less severe. If you operate a boat and choose to indulge, here’s what you need to know about boating and DUI.

Boating Under the Influence: An Overview

January 11, 2019

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

by Michael Kraut

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

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

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

December 19, 2018

A Look at DUI in Pop Culture (Part 2)

by Michael Kraut

Continuing our examination of DUI as reflected in popular culture and media, let’s shift our focus from music and television to the film industry.

DUI in Film

While the depiction of DUI on TV drastically changed in the 1980s, and while DUI in popular music has been both consistent and prolific, the film industry perhaps falls somewhere in the middle of these extremes. While the movies certainly don’t shy away from this topic, neither does the industry as a whole appear to carry any particular agenda—which makes an examination of this medium a bit more complex. Perhaps the best approach is to look at a few specific examples of DUI in films—both classic and modern—to see what we can learn.

November 26, 2018

3 Essential DUI News Stories That Provide Needed Perspective

by Michael Kraut

Great journalism has the ability not just to report the facts, but also to raise important questions and provoke discussion. The issues surrounding DUI enforcement and prevention are indeed complex, and many news stories over the past ten years have helped to propel these much-needed conversations forward. Let’s continue our exploration.

1. Reflecting on the Deadliest DUI Accident in History

On May 14, 1988, a DUI driver in a pickup truck slammed head-on into a school bus in Carrollton, KY, killing 27 people and injuring 34 others. Today, that collision still holds the record as the deadliest DUI accident in history. It was a triggering event that resulted in sweeping changes to the laws, including stricter safety measures for buses and a lowering of the legal BAC limit nationwide. But as ABC News reports, thirty years later, some are still questioning whether enough has been done to turn the tide of DUI.

October 15, 2018

Everything You Wanted to Know about Scootering and DUI

by Michael Kraut

Suppose you’re at a bar with some friends and you have a few drinks. You don’t feel exceptionally impaired, but you realize you’re probably not safe to drive home. You notice a scooter rental nearby and decide that might be a cheaper choice than springing for a cab or Uber. In fact, you grab one more drink with the money you saved. You’ve made a good choice, right? You’re being responsible.

Not so fast.

In late September, as USA Today reports, Los Angeles prosecutors secured their first DUI conviction of a man riding an electric scooter while under the influence—no doubt the first of many.

July 23, 2018

Celebrity DUI Roundup—Summer 2018 Edition

by Michael Kraut

Getting arrested for DUI can be highly disruptive and embarrassing in itself—but imagine if your shortcomings made national headlines. By definition, famous people rely on publicity to keep them…famous. However, occasionally they get media attention for less than flattering reasons. Even so, we can always learn something from their stories, so let’s take a look at a few high-profile DUI cases from the past few months.

Vince Vaughn

Around 12:30 a.m. on Sunday, June 10, Dodgeball actor Vince Vaughn, 48, was stopped at a sobriety checkpoint in Manhattan Beach outside Los Angeles, WTOP reports. He allegedly failed an on-site sobriety test but opted to take a blood test rather than submit to a breathalyzer. Vaughn was arrested on the scene on suspicion of DUI, as captured by police body cameras. An unnamed passenger in the vehicle was also arrested for public intoxication, and both were cited for delaying an investigation—which under California law is listed in the same section as resisting or obstructing arrest.

May 21, 2018

Everything You Ever Wanted to Know about Wobbler DUIs

by Michael Kraut

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

“Wobbler” Defined

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

February 19, 2018

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

by Michael Kraut

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

1. Don’t be rude to the police.

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

November 20, 2017

Crazy DUI Stories Involving Non-Standard Vehicles

by Michael Kraut

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

Incident on a Bridge: Motorized Wheelchair

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

September 25, 2017

What Can Be Done to Reduce DUIs on a Societal Level—Without Resorting to Overly Punitive Measures? (Part 2)

by Michael Kraut

Every 51 minutes, someone in the U.S. dies in an alcohol-related motor vehicle accident. Everyone—DUI defendants included!—agrees that we need to “do something” to dramatically reduce this number, but there’s no agreement on what that solution should be. Traditionally, our system has been heavy on the sticks, light on the carrots. We punish DUI drivers tremendously—by stripping them of driving privileges, fining them, sending them to jail, hiking their insurance rates, and beyond. How well is this “heavy on the punitive” system working? Well, take a look at the first sentence in this paragraph—one death every 51 minutes. If we want to do better—and we can—we need to look beyond the punitive and consider other ways to shore up our system, deter unwanted behavior, reward compliant behavior and solve the (challenging and often deeply psychologically rooted) issues that encourage unfortunate behavior behind the wheel.

In a previous post, we looked at the current and future technologies that could address DUI deterrence. Now we’ll consider some of the other proposed solutions.

Lowering the BAC limit?