Los Angeles DUI Attorney Blog

September 12, 2016

DUI News Updates

Court rulings and new laws in other states don’t have an immediate impact on California DUI laws and the outcome of arrests for DUI in Los Angeles. But it’s always interesting to take a look and see how other states are dealing with challenges and updates to DUI law.

• The Tennessee State Legislature has taken the extraordinary step of going into special session to amend a law that they passed that raised the BAC limit for 18 to 20-year olds to 0.08 percent. The legislature had reasoned that since the new penalties for drivers in that age group were the same as for drivers over 21, the BAC limits should be the same. But that put them in conflict with federal law, which mandates a 0.02 limit for those under 21. Since the federal government threatened to withhold federal highway construction funds from the state, the state legislature had to hold a special session (at a cost of at least $75,000) to amend its law and bring it into conformity with federal law. (The federal government refused to waive an October 1st deadline to allow the state to amend the law at its next scheduled legislative session in January 2017.)

September 8, 2016

DUI Drivers As Fire Starters

by Michael Kraut

Drivers arrested for DUI in Los Angeles often leave a very visible trail of damage in their wake: wrecked vehicles (theirs and/or others’), downed utility poles or traffic signals, broken windows in storefronts. But sometimes the damage spreads a lot further.

According to a story in the August 29th Los Angeles Times, 44-year-old Rene Ilene Hogan was driving under the influence when she started a fire that set ablaze 450-plus acres of grass and forest in Calaveras County.

Hogan was driving a 2002 Kia Rio but didn’t realize that her rear tire was flat. She continued traveling until the tire wore down to the wheel rim, causing sparks to fly. Some of the sparks hit the very dry grass along the highway, setting off several fires. Her Kia eventually caught fire as well, but Hogan kept driving, apparently oblivious to the damage she had caused and her own peril.

Motorists who saw her car on fire tried to alert her, but Hogan didn’t notice them. Finally, one car pulled in front of her, forcing her to stop. The driver and nearby residents managed to pull Hogan from the car before she suffered any burns. Police later charged her with driving under the influence of a narcotic analgesic and cannabis, as well as driving on a suspended license.

September 5, 2016

Police Arrest Drivers with High BACs

by Michael Kraut

Drivers arrested for DUI in Los Angeles usually have a blood alcohol content of 0.08 or higher. But there are times when a DUI suspect’s BAC measures much higher—so high that you wonder how they ever managed to even get behind the wheel of a vehicle, much less drive it.

In Henrico County, Virginia, 44-year-old Angela Gittings faces DUI charges after she hit several vehicles outside an area high school. Police measured her blood alcohol content at 0.38, more than four times the legal limit. Gittings was also driving without a license; the DMV had revoked it because of previous DUIs.

According the National Institute on Alcohol Abuse and Alcoholism, a BAC of 0.31 to 0.45 poses a “significant risk of death in most drinkers due to suppression of vital life functions.” People with this level of alcohol may lose consciousness and/or suffer from life-threatening alcohol poisoning.

The NIAAA also states that a BAC reading of 0.16 to 0.30 significantly impair a person’s speech, memory, coordination, attention, reaction time and balance. It also has a very negative impact on a person’s driving-related skills, judgment and decision making.

August 31, 2016

Minnesota Court Okays DWI Test for Drugs

by Michael Kraut

Suppose a police officer asks someone suspected of a DUI in Los Angeles to consent to a test to measure the blood alcohol content in their body. If the blood test turns up evidence of drug usage—which the officer did not mention in his request for that blood test—can the state use those results to win a DUI conviction?

The Minnesota Supreme Court recently addressed a similar question in a ruling in a 2014 DWI case. According to a report by Minnesota Public Radio, police requested a warrant to draw Debra Fawcett’s blood after she ran a red light and caused a two-vehicle crash. Fawcett admitted to drinking a few beers earlier in the day.

The test results showed that Fawcett’s blood was alcohol free. However, they also revealed that she had THC (the active ingredient in marijuana) and Alprazolam in her bloodstream. (Physicians often prescribe Alprazolam, better known by its trade name Xanax, for anxiety disorders.) Fawcett did have a valid prescription for the drug.

August 29, 2016

Tennessee’s New DUI Law Could Be Costly To State’s Coffers

by Michael Kraut

If a driver is under age 21 in California, state law (Vehicle Code 23140) makes it easier for prosecutors to convict them of DUI in Los Angeles. Instead of the typical blood alcohol content measurement of 0.08 required for a DUI conviction, California’s DUI law lowers that standard to 0.01 for someone under age 21. This law complies with federal requirements, which set the BAC standard for underage drivers to 0.02.

Tennessee used to comply with those standards as well. But a new law—actually intended to make the state’s drunk driving penalties tougher—raised the BAC standard to 0.08 for all drivers in the state. Lawmakers thought they were simply making the law consistent for all adults over age 18, but the change has threatened the state’s federal road funding.

August 26, 2016

Bad Moves By DUI Drivers

by Michael Kraut

Intoxicated drivers often make bad decisions that draw police officers’ attention and leave the drivers vulnerable to arrest on a charge of DUI in Los Angeles. But California drivers aren’t the only ones making mistakes, as these arrest stories from around the country clearly demonstrate.

In Madison, Wisconsin, a 42-year-old woman decided that she was in the mood for a beer. Only problem was she opened the can while sitting in a car and right in front of the officer who had pulled her over on suspicion of DUI. When the woman refused to get out of the car and continued drinking, the officer had to call reinforcements to pry the unidentified driver out of her car. She faces charges of reckless driving and driving while intoxicated.

In Connecticut, two people were driving their vehicles with flat tires and probably hoping that police didn’t notice. Police in South Windsor arrested 33-year-old Eric Schneider after they received reports that a vehicle in the area was riding on a bare rim. Schneider had apparently been traveling with a flat for so long that he wore the tire away. He’s facing DUI charges.

August 23, 2016

Many Repeat DUI Offenders Never Seem To Learn

by Michael Kraut

For some people, one charge of DUI in Los Angeles is enough to make them resolve they will never again drive under the influence. They never want to go through the humiliating experience of arrest, a bond hearing and a court trial again. There are others, however, who never seem to get the message no matter how many times they go to court, pay fines or spend time in jail.

KDVR in Denver reports on one Colorado man who has somehow escaped jail time despite the fact that he’s had seven DUI arrests and five convictions. Albert Torres’ most recent DUI arrest came last November, when he ran a red light and nearly hit a police car. In July, a judge accepted the 45-year-old’s plea deal, which will require him to serve a year on work release and three years’ probation.

August 21, 2016

California: Good State to Get a DUI?

by Michael Kraut

While it’s probably little consolation to someone convicted of a DUI in Los Angeles, California is apparently far down on the list when it comes to states with the strictest DUI enforcement.

WalletHub, a personal finance website, looked at several factors in each state’s DUI laws to identify the strictest and most lenient states for DUI offenses. The factors included minimum jail times for convictions, minimum fines and the look-back period for previous DUIs.

WalletHub identified Arizona as the toughest state when it came to criminal penalties for DUI. The other states rounding out the top 10 included Georgia, Alaska, Oklahoma, Nebraska, Kansas, Texas, Connecticut, West Virginia and Utah. Maryland was the most lenient state; others (in ascending order) included Mississippi, Maine, Arkansas (tied), Pennsylvania, Wisconsin, New Jersey, North Dakota, South Dakota and Michigan.

California ranked right in the middle at number 23 on the list.

August 17, 2016

DUI Driver: It’s Jerry Springer’s Fault

by Michael Kraut

When police come upon an accident involving a DUI in Los Angeles, they may sometimes find that all the vehicle’s occupants have exited the car. That scenario can make it more difficult for the officers to figure out who was actually driving at the time of the crash. Thinking to confuse police (or maybe because they are confused themselves), the car’s occupants claim that someone else was behind the wheel.

But when Bernard Michael Drivdahl of Benson, Minnesota, stated that another driver was responsible for the destruction his car left behind, the police were pretty sure they could discount his story. For one thing, the 59-year-old Drivdahl was apparently alone when they picked him up. In addition, Drivdahl said that the person driving the vehicle was Jerry Springer.

TwinCities.com reports that on May 29th, an officer who suspected Drivdahl of driving under the influence began chasing his vehicle through the town. Speeds reached 70 miles per hour during the pursuit. Drivdahl eventually drove through several front lawns, crashed into a parked pickup and then hit not one but two homes. The damage could have been worse, however; the car broke a gas line in one home.
Continue reading

August 8, 2016

A Natural Way to Discourage DUIs?

by Michael Kraut

Police officers, prosecutors and judges can get discouraged when they’re trying to reduce the number of DUIs in Los Angeles. Some people never seem to get the message about the dangers they pose to themselves and other people.

But Noah Elkins of Laurel County, Kentucky, had the message about the dangers of DUI driving brought home in a stinging way—literally. On Tuesday, July 26th, Elkins and a passenger, 35-year-old Priscilla Simpson, were driving around looking for a place to swim and cool off. Since they were reportedly under the influence of several drugs, including Suboxone, neurotin and Klonopin, Elkins apparently had trouble controlling the car. The vehicle crashed into an electric pole, which fell over and took out a beehive.

The swarm of bees was not happy about the disruption to their day. According to TV station WKYT, they went after Elkins and Simpson (who was wearing a bikini bathing suit at the time). A local resident, Gary Lee Anderson, saw them running up his driveway, where they grabbed the hose and tried to spray water on themselves to get the bees off of them.
Continue reading