los angeles DUI

July 16, 2019

“Wet Reckless” Charge vs. DUI: What Are the Key Differences?

If you’ve ever been arrested for DUI, or if you know someone who has, you have possibly heard the term “wet reckless” thrown around. Depending on the circumstances of the case, the prosecution may offer to allow a DUI defendant to plead guilty to “wet reckless” as a reduced charge. If you are offered this kind of plea deal and agree to the terms, accepting it can provide you more leniency compared to a DUI conviction, but there are still some nuances in the law and some consequences you need to be aware of. Let’s discuss some of the key differences between a “wet reckless” charge and a DUI charge to help defendants make an informed decision in the event of a plea deal.

What Is a “Wet Reckless” Charge?

“Wet reckless” is simply a colloquial term for reducing a DUI charge to a reckless driving charge under California Vehicle Code Section 23103/23103.5 VC, with the additional note on the defendant’s record that alcohol was involved. (Hence the term “wet reckless.”) The unique thing about a wet reckless charge is that it only occurs in a plea deal situation, as a reduction down from DUI. In other words, prosecutors would never charge a defendant initially for “wet reckless driving” because technically it’s the same offense as reckless driving. You’ll only have a “wet reckless” charge on you record if you accept a plea deal in response to a DUI and agree to plead guilty or nolo contendere to the lesser charge.

June 17, 2019

Sins of the Fathers: Is the Tendency Toward DUI an Inherited Trait?

by Michael Kraut

In June, we celebrate Father’s Day—a day set aside for appreciating what fathers have done for us, the example they set, etc. But like everyone else, fathers have feet of clay, and sometimes they don’t always set the best example. Sometimes our fathers fail us, and sometimes we as fathers fail our children. So let’s explore a rather loaded question: If a father has a proclivity toward repeated DUI offenses, does that mean the children will, as well?

The answers here can be complex because many dynamics are at work in the relationship between parents and children—including genetics, parents’ example and the overall way we are raised. Let’s begin by stating that when we view DUI as a crime, we’d be hard pressed to say that any criminal activity is an inherited trait. Our mistakes are our own, and we can’t blame them on our parents. However, many underlying factors can make people more prone to making bad choices, including the unfortunate decision to get behind the wheel while under the influence. If we understand some of these underlying factors, we may be able to compensate and make better choices. Let’s look at some of these dynamics.

Addiction and Genetics

May 22, 2019

Debates Over the Future of IID Technology

by Michael Kraut

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?

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.

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.

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.

June 26, 2018

California’s Marijuana Law: What’s Legal, What’s Not

by Michael Kraut

In January of this year, California became the ninth state to legalize marijuana for recreational use. (It has been legal for medicinal use since 1996.) However, the Adult Use Marijuana Act (aka Proposition 64) has actually done little to simplify the rules surrounding when and how pot may be bought, sold and used; if anything, the rules are now more complicated. In fact, as Time magazine points out, Prop 64 is so packed with details that it’s over 60 pages long!

Obviously, those who indulge should be aware of the ins and outs of the new law to avoid inadvertently doing something that could get them ticketed or arrested. The following overview can serve as a guide to help you stay within the bounds of the law so if you do use pot, you can do so legally, safely and without endangering others in the process. Let’s explore what is now legal under California’s marijuana laws, and what is not.

It is LEGAL to use pot, but only if you’re 21 or older.