DUI Category Archives — Page 28 of 41 — Los Angeles Criminal Defense Attorney Blog Published by Los Angeles & Southern California Criminal & DUI Defense Attorney — Medical Marijuana Defense Attorney Michael Kraut

Published on: March 21, 2014

Does “When Life Hands You Lemons, Make Lemonade” Apply to Your Los Angeles DUI?

Before the police tagged you for driving under the influence in Los Angeles, you probably used to glibly give people advice along the lines of “when life hands you lemons, make lemonade.” In other words, when you face a difficult situation, see the best in it. Turn it into a positive. That advice is obviously well intended. But it’s not necessarily intuitive to implement.

Your DUI Arrest: Just When Things Were Already Bad, Now This!

Your arrest couldn’t have been more poorly timed. Perhaps you’ve been engrossed in a big project at work. Maybe you and your spouse have been “on the rocks,” relationship-wise. Or maybe your doctor just diagnosed serious health problem. The last thing on Earth that you need at this moment is a charge pursuant to California Vehicle Code Section 23152 or 23153 (the injury DUI section – which escalates standard DUI charges to felony charges).

Point is, life has really thrown you a curve ball. Not every DUI occurs during “hard times.” But a surprising number of them do. Why is that?

Obviously, without accurate science, we can’t tease cause from effect. Perhaps DUI defendants notice their bad luck more when it comes packaged with criminal charges. Or perhaps life’s stresses somehow promote more dangerous driving behavior (on average, in the population).

What might the mechanism be, if that second hypothesis is correct?

Perhaps – and this is just speculation – but perhaps, stress and anxiety spark a desire to use medications or alcohol to numb the discomfort or at least diminish it somehow. In other words, maybe people who go through very stressful, anxious, or disruptive situations turn more frequently (and more heavily) to drinking and taking drugs and medications. That would explain why Los Angeles DUI events tend to correlate with “bad times” over all. Of course, there is a difference between this kind of speculation and clinical science, which requires far more vigorous testing and statistical analysis. And that points to a broader issue: the Southern California criminal defense system is an evidence based system. To prove (or defend against) a criminal charge, you need to submit evidence and outline a logically thorough, taut argument. You can’t speculate – or if you do speculate, the degree that you argue from indirect logic is the degree that your case can be seen as flimsy. It’s a lot easier to believe evidence to the effect of “you failed a Los Angeles breathalyzer test and blew a 0.11% twice” than it is to believe evidence like “you smelled a bit like alcohol and stumbled around.” The first statement contains far more objective proof than does the second, which uses inferences.

To build a steady and successful defense against your Los Angeles DUI charges, connect with Harvard Law School educated Attorney Michael Kraut and his team today for a free case evaluation.

Published on: March 20, 2014

Did Your Elderly Parent Get a DUI in Los Angeles?

by Michael Kraut

An older person that you love – a mother, father, aunt, uncle, or close friend – recently got arrested for driving under the influence in Los Angeles. You’d love to help that person deal with her situation. But you’re confused about how to approach the process respectfully.

On the one hand, the revelation that the police pulled him or her over on the 134 (or wherever) fills you with sadness and fear. What if she had really gotten hurt or hurt someone else?

On the other hand, you feel helpless. We all remember the horrendous incident several years ago when an octogenarian man plowed into a farmers market in Santa Monica and killed nearly a dozen people. The man thought he had hit the brakes, when he had really hit the accelerator. That incident sparked a big debate in the Southern California DUI defense community about what should be done to protect people from dangerous senior drivers.

Obviously, we want to dignify and respect older drivers and give them as much mobility and independence as possible. Nevertheless, if/when they can no longer physically operate their vehicles safely, something needs to be done.

Unfortunately, concerned children of elderly parents, for instance, are often unable to convince their moms and dads to stop driving — or even to at least adopt safer driving habits.

Discussions over something as seemingly innocent as how often your mother drives (and what she does behind the wheel) can quickly escalate and, like psychological fireworks, set off issues and hurtful conversations that date back decades.

So where can you begin?

Frankly, what you need most right now is guidance about the elder driver’s Los Angeles DUI situation. Call the Kraut Criminal & DUI Lawyers for responsible, simple and grounded advice about your case. Continue reading

Published on: February 27, 2014

If Los Angeles DUI Breathalyzer Tests Are So Flawed, Then Why Do So Many Police Forces Use Them?

by Michael Kraut

If you’ve read our criticisms of Los Angeles DUI breathalyzer tests, you’ve hopefully been at least slightly convinced that these screening tools are less than flawless.

At the risk of being repetitious, breath test results can vary, depending on:

•   How deeply you blow into the machine;
•   The machine’s calibration;
•   Your metabolic rate of alcohol absorption;
•   How much food you ate;
•   Your genetics and metabolic history;
•   Whether you’re sick or on any kind of medications;
•   How much “mouth alcohol” is present;
•   Whether you’re producing ketone bodies — metabolic byproducts of certain diets — which can throw off breath test readings and lead to false positives;
•   Whether the officer who conducted your breath test made mistakes regarding calibration, cleaning the machine, documenting the process and so forth;
•   Whether the type of breathalyzer machine used was flawed.

Depending on what happened with the breath test, you may have potential defensive avenues. For instance, perhaps the police violated your Constitutional rights and pulled you over without a good reason or subjected you to unreasonable search and seizure.

How should you fight your Los Angeles DUI charges? The first rule is commonsensical: don’t try to figure this all out on your own. Trust the attorneys at the Kraut Criminal & DUI Lawyers to help you build a good strategy and contrive an effective defense.
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Published on: February 17, 2014

Did Justin Bieber Hit and Kill a 7-year-old While DUI? (The Anatomy of a Viral Rumor)

by Michael Kraut

As this Los Angeles DUI blog (and an infinite number of other sources) reported: last month, pop singer, Justin Bieber, got arrested in Miami for DUI. Beiber had been drag racing a fellow 19-year-old musician.

The news covered the story extensively, so there’s no need to rehash the details. However, in the wake of the arrest, a viral rumor spread suggesting that Bieber had hit and killed a 7-year-old boy while DUI. One fake headline making the rounds read: “Breaking News: Justin Bieber did it again!! This time it’s over … DUI.”

This message made the round weeks after police stopped Bieber and accused the Canadian pop star of racing a rented Lamborghini at reckless speeds after consuming antidepressants, beer, and marijuana.

Unfortunately, the Beiber hoax caused big computer problems. Unlucky users who clicked on a link to watch a video about the story met with a nasty surprise. Instead of downloading a video, they downloaded a virus, which grabbed their personal information and passed it to criminals.

Here’s what’s interesting about this rumor story. It illustrates the bizarre, web-related drama that DUI arrests can create. Odds are that your arrest won’t give rise to ridiculous online hoaxes. However, your DUI mug shot may get circulated widely on the internet. This can cause reputation management problems. Now, whenever someone Googles your name, your mug shot may pop up immediately in the search engine results. This is embarrassing. It can also cause you trouble when you start a relationship, apply for a loan, or try to land a job.

Preparing for odd eventualities is critical.

There is only a five percent chance that a DUI case will go to jury trial. Most other cases will be dismissed or settled way before this happens. But you still need to approach your defense as if you might ultimately plead your case before 12 jurors.

What if that happens?

First, the jurors will listen to witnesses for the prosecution. Then your lawyer will cross-examine. Then lawyers will review evidence, and both attorneys will make closing arguments. Next, the jury will deliberate and decide whether you’re “not guilty” or “guilty.” The jury can be “hung,” if the jurors cannot come to unanimous agreement. Even if you’re found guilty, your DUI attorney can try to convince the court to overturn the verdict and either dismiss the case or have it retried.

The point is that excellent preparation is essential. Harvard Law School educated former prosecutor, Michael Kraut, and his legal team, can help you build a sound Los Angeles DUI defense.

Published on: February 16, 2014

4 Potential Issues with Your Los Angeles DUI Breathalyzer Test Results

by Michael Kraut

You recently tested positive for DUI in Los Angeles via a breathalyzer test.

Perhaps you’re an underage driver who blew a relatively low 0.06% BAC. Your BAC level wouldn’t have been a problem, had you have been of legal drinking age. Or perhaps police stopped you at a checkpoint in Pasadena, and you blew a 0.09% – just over the legal limit – and performed less than stellarly on your field sobriety tests. Or maybe you blew an “extreme DUI” of 0.17%, after you got into an accident.

In all these situations, your Los Angeles DUI defense attorney may be able to challenge the results or accuracy of the breath test to reduce your penalties or potentially void them entirely. For instance, consider the “extreme DUI” example. Perhaps your lawyer can convince the court that you weren’t 0.17% but rather 0.14%. Even that may be enough to substantially reduce your penalties, such as jail time, fines, probation, alcohol school, etcetera.

Here are 4 common issues with breath tests:

1. Alcohol left over in your mouth.

Here’s a gross but true fact: alcohol can get stuck in between your teeth and in your mouth, depending on your dentition, your general oral health, and other factors. This “mouth alcohol” can throw off your BAC reading and cause it to read higher than it is, objectively.

2. You may have a slow alcohol metabolism.

The breath test doesn’t measure blood alcohol directly – it infers it. How long does it take you to absorb and metabolize alcohol? The breath test results may skew higher than your objective BAC level.

3. The strength of your exhale can skew the test results.

If you blow out “super hard” during the breath test, you can skew the BAC reading to be higher than accurate. This is one of the reasons why many law enforcement officials ask people to “blow deeply” into breath machines. They know that the deeper you blow, the higher your BAC reading will be, all other things being equal.

4. Other factors.

Potentially dozens of factors can throw off the breath test results, including:

•   Your breath’s temperature;
•   Whether or not you’re a diabetic or on an intense diet (ketone bodies created by low calorie and low carb diets can skew breath test results);
•   Whether you’ve ingested other chemicals that could throw off the breath test;
•   Whether you’re a man or a woman (men and woman absorb alcohol at different rates);
•   Whether the officer calibrated the breath test properly;
•   Whether the machine itself has inherent engineering flaws.

Of course, a breath test is not always challengeable, but you might be surprised by the sheer diversity of DUI defenses available to you.

Talk to a highly respected and experienced Los Angeles DUI criminal defense lawyer at the Kraut Criminal & DUI Lawyers to get a handle on your options. Attorney Kraut is an ex-D.A. He has a deep understanding of the prosecutorial process and great relationships in the system.
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Published on: February 12, 2014

SNL Comedian Chris Kattan Busted for DUI in Los Angeles

by Michael Kraut

“Saturday Night Live” alumnus, Chris Kattan, was pulled over on Monday for DUI in Los Angeles, according to California Highway Patrol reports.

The 43-year-old Kattan hit a construction truck on the 101 Freeway at around 2 in the morning in Encino. CHP says that the truck had been parked on the shoulder. Kattan suffered a bloody nose in the crash. Fortunately, no construction workers got hurt, since no one was in the vehicle. Police took Kattan to a Van Nuys precinct and booked him.

Authorities say the truck had been well marked with orange cones, signs and flashing arrows. But Kattan apparently did not see those markers. The crash wrecked his 2011 Mercedes and also damaged the construction truck. Prior to the crash, a woman called the police to report a “Mercedes … weaving all over the roadway at slow speeds.”

Kattan — who’s best known for his wild sketch comedy bit (and later movie), The Night at the Roxbury, which he developed with comedian, Jim Carrey — confessed to police that he had been on prescription medications. Police said Kattan took a chemical test for drug DUI. The arresting officer, Leland Tang, told reporters “[Kattan’s accident] could have been lot worse.”

Kattan tweeted to his fans afterwards that “those concerned are just adding gossip: I am fine, passed all tests, released without bail, have driver’s license, cop offered to drive me home.”

Kattan is lucky that he did not get hurt more seriously and that he did not injure other people. Even so, in California, if you’re convicted of a misdemeanor DUI in Los Angeles, prosecutors can still seek an array of punishments, pursuant to California Vehicle Code Section 23152 (A), including:

•   Mandatory 48 hours in custody and up to six months behind bars;
•   A fine of $1,000 in addition to court costs, which can be substantially more than $1,000;
•   The court can impose either formal or informal probation and mandate that you install an Interlock Ignition Device (IID) in your vehicle. This means that you will need to blow a “sober breath” into the device before you can start your car;
•   You may face 6 weeks to 9 months of DUI alcohol school;
•   You can lose your license for a whole year… without the possibility of getting a restricted license for work or school.

For help understanding the nature of your Los Angeles DUI charge, connect with the team here at the Kraut Criminal & DUI Lawyers today for a free, confidential consultation.
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Published on: February 6, 2014

Los Angeles DUI Analysis: Is the “Breathalyzer Equalizer” a Boon or a Bane for Road Safety?

by Michael Kraut

A new product has created an incredible amount of controversy and debate within the Los Angeles DUI prevention community. It’s called the “breathalyzer equalizer.” Developed by a DUI defense attorney and a state trooper, this product uses a powder to absorb “mouth alcohol” to make breathalyzer test results more accurate.

As we’ve discussed before on this blog, mouth alcohol can throw off the accuracy of breath test readings and lead to false positives and unnecessary arrests. The makers of this product argue that increased accuracy will lead to safer roads and fewer people falsely arrested and convicted. Critics, like Mothers Against Drunk Driving spokesperson, Berry Martin, call the product “unnecessary” and warn that its widespread use could “lead to dangerous circumstances.” Martin, a member of Georgia’s chapter of MADD, did not mince words: “you are putting drunks on the road…If you get caught, you could beat the test and that false sense of hope could lead to an accident. The accident could kill somebody.”

Would such a product lead to “false hope”?

Could this product cause harm?

These questions may not be simple to answer. Martin might have a point.

Paul Broft, a product representative, explained that “all [the Breathalyzer Equalizer] does is eliminate errors. What we are doing is protecting lives and careers.”

Let’s extrapolate from that logic. Imagine someone gets falsely convicted for DUI for having mouth alcohol, which pushes her BAC level above the 0.08% threshold. This leads to a conviction and unfair punishments, such as license suspension, jail time, etcetera. It also then leads to other indirect problems, such as the loss of her job, relationship issues, self-esteem problems and high insurance rates.

That might sound like a “bridge too far.” But now imagine hundreds of these “close call” DUI arrests occurring every year — hundreds of lives torn apart for no reason. As important as it is to stamp out problems like DUI recidivism, it’s also important to prevent nonsensical or unfair DUI arrests.

Of course, Martin’s point can also be correct. Depending on how this product is advertised and used, it could encourage drivers who are “on the bubble” to take a little extra risk. If you extrapolate that “little extra risk” over large time periods and large numbers of people, it could add up to something substantial and dangerous.

The point is that with products like this – as with changes to DUI laws and policy – you can never really know what changes will lead to what results in advance.

The good news is that your defense does not have to be confusing or complicated, particularly when you work with an experienced Los Angeles DUI defense lawyer at the Kraut Criminal & DUI Lawyers. Connect today with attorney Kraut and his capable team today to build your defense.
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Published on: February 1, 2014

NFL Legend, Bruce Smith, Once Convicted of DUI, Warns about Dangers of Super Bowl Sunday DUIs

by Michael Kraut

Los Angeles DUI arrests can leave painful residue. Consider what happened to – the greatest sack artist in the history of the National Football League – after he got pulled over and arrested for DUI in 2009 in Virginia Beach.

Despite playing in four Super Bowls, racking up an unbelievable 200 sacks, and playing All-Pro 11 different times, Smith perseverates most on one statistic he wishes he could forget: his DUI charges.

To that end, Smith chose to work with Anheuser-Busch to create a Public Service Announcement (PSA) to spread the awareness about the dangers of DUI during the Super Bowl. Super Bowl Sunday is one of the most deadly times of the year for DUI driving. Other than New Year’s Eve — and, possibly, the day before Thanksgiving — Super Bowl Sunday is the worst day to drive all year.

In the ad, Smith tells viewers: “I was disappointed with myself and those close to me… please, learn from my story and make sure a safe ride home is part of your game plan.”

The 50-year-old Smith talked to reporters about the purpose of the ad: “the object of this campaign is to focus on Super Bowl Sunday and encourage people who plan to drink to have a game plan… Anheuser-Busch is trying to make it a safer experience for all fans.”

Not everyone is convinced by this message. Bruce Livingston of Alcohol Justice, a watchdog organization, sees the move as a slick marketing ploy: “what Anheuser-Busch is really saying is ‘drink up’… they are not promoting moderation in drinking at all. They are committed to promoting beer consumption.”

Smith, who claims to always use a designated driver now, told reporters that it’s challenging to confront the past and think deeply about his DUI: “to pull a scab off an old wound is not something anyone likes to do… if this helps one person make a wise decision, it’s worth it.”

Acknowledging mistakes made can be a deeply humane but also quite painful experience. In moments of crises, we can make less than ideal decisions. For instance, any driver stopped for suspicion of DUI must consider whether to submit to a chemical test, such as breath, blood, or urine test.

If you refuse to test after being arrested for DUI, you can face major consequences. If you’re under 21, you must submit to a preliminary alcohol-screening (PAS) test. If you’re on probation, and you refuse, your refusal — in and of itself! — can be considered a violation of your probation, and you can go back to jail.

Once you’re arrested, you must take either a blood test or breath test. If police suspect that you have been using drugs, you need to take a urine test.

The definition of what legally constitutes “refusal” can be hazy.

If you spend a long time before responding to an officer’s request, that could be considered a refusal, but only under certain conditions.

If you were impaired or unconscious — and/or you couldn’t understand or hear the request — the Court will likely not penalize you for refusal. The police also must advise you about the consequences of refusing a test.

Those consequences, however, can be pretty severe.

A refusal can, for instance, tack on additional jail time to your sentence. As far as the DMV is concerned… your refusal can lead to a total suspension of your license for a full year – without the possibility of a restricted license. The situation can get more severe from there, if you have racked-up additional DUI convictions.

To understand your options and make smarter choices, connect with an experienced Los Angeles DUI attorney at the Kraut Criminal & DUI Lawyers today for a free consultation.
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Published on: January 30, 2014

Justin Bieber and Khalil Sharieff Arrested for DUI and Drag Racing: What Happens When 19-Year-Olds Drive DUI?

by Michael Kraut

As this Los Angeles DUI blog – and practically every other news source on the planet – recently reported, pop icon, Justin Bieber, recently got arrested for driving under the influence in Miami Beach.

The 19-year-old allegedly had been drag racing with Def Jam Recording artist, Khalil Sharieff, on a Miami Beach road between 26th and Pine Tree Drive. Sharieff raced a Ferrari, while Bieber raced a yellow Lamborghini (worth about $250,000, according to analysts).

Sharieff put up a picture of Bieber on instagram tagged “U know bizzle brought that lambo out,” before the cops broke up the drag racing. Police said that Bieber exhibited classic symptoms of DUI, including “a flush face, bloodshot eyes, and the odor of alcohol on his breath.”

What happens when young drivers – under the legal drinking age of 21 – get arrested for DUI?

Here in California, the crime can be punished under California Vehicle Code Section 23156. The Golden State has a very strict zero tolerance policy with respect to underage drinking and driving. If you have just 0.01% of alcohol in your body (as determined by a breath, blood, or urine test), you can lose your California license for a full year. If you don’t have a license, a violation of 23156 can delay your being able to drive for a full year.

23136 is different from other DUI codes, such as 23152 or 23153 (the injury DUI code), since prosecutors don’t need to show that you had been driving recklessly or misbehaving on the road in any way. To fight back against the license suspension, you will need to go before the California Department of Motor Vehicles.

There is another important underage DUI law to understand; this can apply if you blew a BAC of 0.05% to 0.07%. Drivers under 21 will face an infraction for testing at this BAC level. You won’t get a jail sentence, but you might face a fine and other problems, such as license suspension.

If you’re below the age of 21, and you have a BAC that’s 0.08% or above, you will be treated like an adult by Los Angeles criminal courts and hit with a misdemeanor charge, a steep fine (up to $1,000), jail time, and other unpleasant penalties.

To make sense of what happened after your crash or arrest, connect with former Deputy District Attorney Michael Kraut today to construct an appropriate Los Angeles DUI defense.
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Published on: January 17, 2014

Burbank DUI Blaze – Police Officer Pulls 72-year-old DUI Suspect from Burning Vehicle on 405

by Michael Kraut

In one of the most intense Los Angeles DUI arrests in recent memory, Police Officer Don Thompson — a former bomb squad officer — jumped into a burning Mercedes Benz Station Wagon on the 405 to save a 72-year-old man from certain death.

California Highway Patrol authorities say that the 72-year-old was likely driving under the influence of drugs, when he smashed his car in Sherman Oaks (near Burbank) on the 405 near the 101 Interchange. Apparently, he lost control of his 1991 Mercedes Benz, whacked into the right shoulder wall, doubled back across all lanes, and smashed into the concrete. His car then burst into flames.

Officer Thompson acted fast.

He had been driving Southbound on the 405 toward LAX, when he saw the explosion. He stopped, pulled to the side, leapt over the center median, threw open the door to the Mercedes and found the 72-year-old unconscious inside. According to Lieutenant Andy Neiman of the Los Angeles Police Department: “the fire was starting to spread inside the passenger compartment… [Thompson] was able to cut the seat belt with his knife, pulled the gentleman out of the vehicle, and two citizens who also stopped and came up and also assisted in pulling the driver further away from the vehicle.”

Thompson suffered serious injuries during the rescue, including first- and second-degree burns as well as smoke inhalation damage. He was transported to Urgent Care for treatment. Neiman called the situation “a Christmas Day miracle,” claiming that “nobody would survive that vehicle based on what the Fire Department observed when they arrived.”

The story indicates the profound role luck can play in Los Angeles DUI events. If you were arrested for DUI – and you’re lucky enough to be reading this – you can be at least thankful that you survived, even if you face jail time and/or if you hurt other people.

Good luck and bad luck happen to everybody. The more important question is: how do you manage that luck? How do you ensure, as author Jim Collins wrote about in his bestseller, Great by Choice, a “good return on luck”?

One of the best ways is to connect with knowledgeable, resourceful people. Get in touch with a seasoned Los Angeles DUI criminal defense lawyer, ASAP, to understand your options and construct a meaningful defense. Connect with Michael Kraut of the Kraut Criminal & DUI Lawyers today.