Los Angeles DUI Attorney Blog

May 22, 2019

Debates Over the Future of IID Technology

Over the past several years use of ignition interlock devices (IIDs) has been growing in momentum and popularity as a deterrent to DUI. At the beginning of 2019, California became the 33rd state to expand its IID technology program, requiring the installation of IIDs for repeat DUI offenders and offering IIDs to first-time offenders in exchange for a reduced license suspension. Now, some members of Congress are opening up a debate about whether IIDs should be required in all vehicles, regardless of a driver’s history with DUI.

While IIDs do seem to be effective in reducing incidents of DUI, the technology is not without controversy, especially as the government seeks to expand its use. Some see it as a powerful safety feature not unlike the seat belt or the air bag; others view it as an unnecessary invasion of privacy. Let’s take a closer look at the different sides of this debate to see what we can learn.

What Is an Ignition Interlock Device?

April 24, 2019

Bizarre DUI Stories of 2019 (So Far)

by Michael Kraut

Driving under the influence can lead to some strange occurrences—none of them working in the driver’s favor. At the time of this writing, we’re only three-and-a-half months into 2019, and already we’re hearing reports of DUI cases ranging from the ironic to the unbelievable. Let’s explore a few of the most bizarre DUI stories of the year to date, and see what we can take away from them.

Sunk Until Spring

In early March, witnesses say a 37-year-old man from Coeur d’Alene, Idaho, drove his vehicle twice off a boat launch onto a frozen lake. On the second time, the vehicle broke through the ice and sank. Law enforcement arrived on the scene to see the man walking off the frozen lake in wet clothes while his vehicle disappeared under the surface. The man, John W. Hamilton, was arrested on suspicion of DUI. He claimed he was alone in the car when the ice broke, officials tested the site via sonar to verify that no one else was stuck in the car. Deputies estimated the vehicle was on the lake floor 17 feet below. Not only does Hamilton face DUI charges, but his vehicle will likely not be retrieved until later in the spring when the ice has melted.

March 18, 2019

What You Need to Know About Hit-and-Run Accidents

by Michael Kraut

Being involved in a motor vehicle accident can be disruptive and traumatic, both for you and for everyone involved. But if you decide to leave the scene of the accident before police have arrived, you make the situation even worse. Now, you have added hit-and-run to any other offenses you might have been charged with, punishable by possible fines and jail time.

People may commit hit-and-run offenses for a number of reasons, some less obvious than others. For instance:

• They might not have realized they made contact with another vehicle or person.

February 16, 2019

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

by Michael Kraut

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.

September 15, 2018

DUI in Los Angeles: Myths vs. Reality

by Michael Kraut

As much as we are bombarded with media messages and warnings to avoid drinking and driving—and the consequences if we ignore those warnings—it’s remarkable how much the public doesn’t understand about DUI, especially here in Los Angeles. In particular, people who get pulled over on suspicion of DUI frequently have inaccurate preconceived ideas about what officers can and cannot do, what might cause an arrest, whether or not the charges will stick, and so on.

To be clear, you should never get behind the wheel if you’ve been drinking, and nothing we’re about to say should be construed as suggesting otherwise. However, people frequently misjudge their own thresholds, and even people who haven’t been drinking sometimes find themselves under roadside investigation for DUI. Let’s dispel a few commonly held myths about DUI in Los Angeles (and the rest of California, for that matter) and replace them with the facts.

MYTH: Only people who have been drinking are arrested for DUI.

August 18, 2018

What Happens to Parents Who Drive DUI with Their Kids in the Car?

by Michael Kraut

Here in California, a single DUI can disrupt your life significantly. Even if you’ve been arrested for your first DUI, it can cost you fines, jail time and license suspension if you are convicted.

However, if you were arrested for DUI with children in the car, your world is about to get a whole lot more complicated. If you drive under the influence, you are considered a threat to public safety, let alone yourself. But if your kids are in the car when you do it, now you’re looking at possible child endangerment—a whole other issue that can add mandatory jail time and more to your sentence.

The repercussions of driving DUI with kids in the car extend well beyond the arrest itself. Let’s look at the numerous possible consequences of doing so.