los angeles DUI

May 21, 2018

Everything You Ever Wanted to Know about Wobbler DUIs

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.

May 6, 2018

Licensed Professionals, DUI and Disciplinary Action

by Michael Kraut

On February 20, 2016, Dr. Rex Lloyd Patrick Rhoten, a neurosurgeon with Kaiser Permanente, was driving his Tesla along a stretch of road in Rancho Santa Fe, supposedly on his way to work, when official documents state he crashed his vehicle into some trees, according to NBC 7 in San Diego. The responding officer noticed possible signs of intoxication which were confirmed with several field sobriety tests. His BAC level was registered as .26, over three times the legal limit. A few months later, Rhoten was convicted on charges of DUI; shortly after, the California Attorney General filed a Matter of Accusation with the state Medical Board, putting Rhoten’s professional license in jeopardy.

According to official documents filed one year after the incident, Rhoten is prohibited from the solo practice of medicine for five years pending an evaluation—his medical license revoked, but stayed, during the five-year probation.

A DUI conviction can cause widespread repercussions, including jail time, fines, required treatment, driver’s license suspension and social embarrassment—but for people whose jobs involve professional licensing, a DUI can have even more serious repercussions. Licensing boards may invoke disciplinary action on members who receive DUI convictions—anything ranging from official reprimands to fines, mandatory treatment, suspensions and even permanently revoking their licenses.

April 15, 2018

Three or More DUIs Put You in a Different Category—What to Expect

by Michael Kraut

Here in California, even a single DUI conviction can complicate your life greatly. A first-time conviction can cost you jail time, license restrictions, fines and mandatory classes—not to mention embarrassment in your home and professional life. However, these difficulties pale in comparison to what you could face for multiple DUIs. By the time you reach three or more convictions, California law places you in an entirely different category, in part thanks to the “three-strike” criminal penalty structure. If you are facing your third (or more) DUI conviction, you’ll need to be prepared for some major changes in your life.

The penalties for three or more DUI convictions within 10 years are spelled out in California Vehicle Code 23546 and 23548. We’ve summarized the key points below so you’ll know what to expect and how to prepare.

Be Prepared to Spend Time in Jail

April 8, 2018

Aging and DUI: How Getting Older Affects Your Driving

by Michael Kraut

You have always prided yourself on being a good driver. You’ve always been careful with consuming alcohol before getting behind the wheel; you know your limits and you err on the side of caution. You’ve had a safe driving record for the past 50 years—only an occasional speeding ticket. You’ve never had a DUI, never been arrested.

One night, you go to a restaurant with friends and you have the same glass of your favorite wine that you’ve enjoyed for years—the same glass of wine you’ve always been able to enjoy without it affecting your driving ability. But on your way home, you see a policeman’s lights in your rearview mirror. You pull over; the officer tells you that you were weaving, asks for your license and registration, then asks you to get out of the car. Before you realize what’s happening, you’ve been arrested on suspicion of DUI.

How did this happen? You’re always so careful.

March 19, 2018

A Brief History of DUI and What We Can Learn

by Michael Kraut

For as long as mankind has been using vehicles to get around, some people have been unfortunately operating those vehicles while under the influence of some substance—mostly alcohol. At first, no laws were on the books to address the issue, but, as the roads became more crowded, public pressure eventually prompted lawmakers to set standards as to what constitutes driving under the influence (DUI)—also known as driving while intoxicated (DWI)—and what the penalties would be for violating those rules.

If you’ve ever been arrested for DUI—especially if you believe you tested “false positive”—you might feel like the laws and standards of intoxication are too strict. Looking into the past often helps give us perspective as to where we are now and where we’re headed. So let’s look back at a few milestones in the history of DUI, and see what we can learn.

First Known DUI Arrest: 1897

January 15, 2018

Celebrity DUIs and Other Misdeeds: Why Are We Obsessed with Them?

by Michael Kraut

Justin Bieber. Lindsey Lohan. Paris Hilton. Kevin Hart. Chris Pine. Reese Witherspoon. Bella Hadid. This list represents a mere handful of known names who have been charged with DUI in Los Angeles (and elsewhere) over the past 10 years, with many others right alongside. It seems so commonplace that, as HuffPost reports, during an appearance on, Jason Priestly joked with Chelsea Handler on her show Chelsea Lately about his own DUI. “What self-respecting Los Angeleno doesn’t have a DUI under their belt?” he said. The joke was accompanied by high-fives with Handler, who, not surprisingly, also has a DUI on her record.

Aside from the controversy of famous people downplaying the seriousness of impaired driving, salacious reports of celebrity wrongdoing have been the guilty pleasure of millions of people for as long as anyone can remember. These impulses of ours are what keep websites like TMZ and The National Enquirer in business.

The question is: Why?

December 26, 2017

Everything You Need to Know About Holiday DUIs

by Michael Kraut

For many of us, the holiday season is intended to be a time for celebrating with family and friends, a time of joy and merriment. However, few things can put a bigger damper on the celebrations quicker than a DUI arrest—and DUI incidents spike considerably over the holidays, compared to the rest of the year.

Here in Southern California, the Los Angeles Police Department has already announced an increased number of sobriety checkpoints throughout L.A., from December 15 through January 1, as part of their “Drive Sober or Get Pulled Over” campaign. Officer Inman of the Traffic Coordination Section explained:

“This holiday season, drivers will notice increased enforcement watching closely for anyone who is driving impaired.… With extra travelers on the roads and people celebrating, we will likely see an uptick in impaired driving. The LAPD will be arresting anyone caught driving impaired.”

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.

November 9, 2017

Will Self-Driving Cars Really Spell the End of DUIs?

by Michael Kraut

Few people these days would dispute the idea that fully autonomous vehicles are in our future, probably sooner than we think. Many of our cars are already parking for us, many are equipped to brake automatically to avoid collisions, and many self-driving prototypes are already in development. But what will these advancements do to our current DUI laws? Will our cars truly be so autonomous that intoxicated drivers will be able to use them as taxis? Will DUI laws become obsolete?

Not so fast.

At the annual meeting of the Governors Highway Safety Association, which took place in Louisville, KY in September, autonomous vehicles dominated the conversation, particularly in the context of open container laws. “Autonomous vehicles can be a designated driver,” said Russ Martin, director of government relations for the GHSA in comments after the meeting. “But at a certain point the law is going to have to draw a line somewhere as when it’s safe to do so…Right now, in most states it’s illegal to have an open container of alcohol while you’re driving…What about open container laws? Do they need to be modified or qualified, depending on the level of automation?”

October 23, 2017

The 5 Most Newsworthy DUIs of 2017 (So Far): Lessons to Learn

by Michael Kraut

With just two months to go until 2018 arrives, it’s a good time to take a look at some of the highlights—or lowlights—of DUI arrests that have been reported around the country this year.

1. Off course

Tiger Woods, once the most celebrated golfer in the world, hasn’t been at the top of his game for some time. But his May arrest for DUI may have marked an unfortunate new low in the athlete’s life.