Punishment

Published on: April 5, 2010

What is the Record Number of Los Angeles DUI Arrests Any Single Person has Received?

Los Angeles DUI statisticians often chart the rise and fall of fortunes of local movie stars, politicians, and actors. But this post will examine something a little less personal but potentially pretty intriguing; namely, what is the record number of Los Angeles DUI arrests for a single person?

According to National Highway Traffic Safety Administration (NHTSA) statistics put out in 2009, nearly 400,000 people in the U.S. have at least five DUI convictions on their records. Extrapolating from the numbers, it is safe to say that several thousand people have ten DUI arrests or more. One online search reports that an individual in Illinois got a whopping 22 DUI convictions!

An AP story from April 12th has reported that a 49-year old man named Thaylin Shawn Pierce of Billings, Montana recently pled guilty to his 11th DUI. This comes on the heels of an arrest made back in November 2008, when Pierce was pulled over near a casino with a BAC in excess of 0.09%. (Remember that California’s legal limit, according to California Vehicle Code Section 23152 (b) is 0.08%).

If you drive with this much alcohol in your system or more, you can be subjected to arrest and penalties ranging from points on your license to loss of your license to jail time to mandatory installation of interlock ignition device (IID) on your vehicle, which you will have to pay for and maintain.

If you are arrested four or more times for DUI in Beverly Hills, for instance, within a span of 10 years of less, you can be subject to intense punishments. These include a minimum of 180 days in jail – that’s if the charge is only a misdemeanor – if it’s a felony, you can have significantly more jail time – up to three years. You’ll also see your California license suspended for three years, and you won’t be eligible for a restricted license for either work or school for four whole years. In addition, you will have to attend DUI alcohol school for 18 months and you will likely face huge court costs and fines along with strict terms of probation.

If you are arrested for driving under the influence in Beverly Hills in conjunction with a hit-and-run injury accident or any accident that results in injury to another person, your charges can be higher still. The state does not look fondly upon recidivist (repeat) Southern California DUI offenders.

If you or a family member has been tagged for multiple Beverly Hills DUI arrests, what should you do?

In addition to seeking treatment ASAP for alcohol related problems, it may behoove you to connect with an attorney who you can explain your rights and responsibilities under the law.

Published on: March 29, 2010

What is the Highest Ever BAC Recorded for Someone Pulled Over for Driving Under the Influence in Southern California (or elsewhere)?

by Michael Kraut

According to California Vehicle Code Section 23152(b), a motorist who drives with a blood alcohol concentration (BAC) of 0.08% or higher can be arrested and charged with a Southern California DUI. Often, drivers significantly exceed this minimum number. But how bad can it get? We’re going to discuss the levels of impairment that affect drivers as their BAC levels increase.

Between 0.03% and 0.05% BAC, reaction time is slow, and certain commercial drivers may be considered DUI at this level. The American Medical Association (AMA) has recommended that states lower their legal limit to 0.05%.

0.08% – As we just discussed, this is the cut-off for Southern California DUI.

0.10% – Most people begin to experience a significant loss of coordination and balance as well as failure of muscle control. Other states (not California) have this marker as their legal limit.

0.17% – According to statistical analyses, this is the average BAC for drivers who get into fatal collisions.

0.20% – At this level, drivers lose control over their emotions.

0.30 to 0.35% – Blackouts, incoherence, and complete disorientation can occur at this level.

0.50% – This could cause death.

0.74% – This is the highest BAC level ever recorded by a hospital in the United States.

0.914% – In December 2004, a Bulgarian man who hit a car was taken to a hospital and measured to have a 0.914% BAC. The doctors were so stunned by this measurement that they tried him with five different tests, which supported this amazing BAC reading.

1.23% – a Polish man that same month (December 2004) was astonishingly measured to have a 1.23% BAC. Some people doubt the veracity of this claim.

Since 0.5% BAC is usually enough to lead to death, it’s very rare that people who endure BAC levels of 1% or higher survive, but such incidences apparently do occur from time to time.

How Do Police Test for DUI in Burbank?

One common method is the blood test. This is considered the most accurate method, although, as we will see, it is not necessarily foolproof. A technician will extract blood from a suspect’s vein. The sample is then mixed with certain chemicals, which prevent the blood from clotting, and the blood is then analyzed using series of tests and then sent back to the Law Enforcement Agency for analysis.

Many Things can Go Wrong with DUI in Burbank Blood Tests.

For instance, the sample may not be sterile, or it may not be preserved or refrigerated. The skin could be contaminated by alcohol swabbed on the area to prepare for the blood test. Samples can be mixed up. Errors can be made with the chain of custody. Errors can be made with respect to the chemicals used to prevent clotting and the tests used to analyze the blood.

Of course, since blood tests are generally the most reliable methods to test for BAC, if you’ve been arrested for driving under the influence in Burbank (or elsewhere in Southern California), and your BAC blood test comes up positive for DUI, you may need immediate legal assistance.

Published on: March 21, 2010

Why Burbank DUI Accidents Happen — And Steps You Can Take to Avoid Them

by Michael Kraut

Nearly every week, news reports announce yet another Burbank DUI arrest. The story lines range widely. Sometimes, it’s a B-List celebrity stopped for speeding on the 101 and found to have a blood alcohol concentration of 0.15%. Other times, it’s a case of an 18-year-old actor who drives after drinking at a house party and winds up totaling his car on Lankershim Blvd. The details and names change. But the story remains the same.

So what’s behind this epidemic?

Scientifically, it may be impossible to say. But we can offer some informed speculation about what might be driving (so to speak) at least some of the Burbank DUI epidemic.

1. Rapidly changing traffic patterns

During the daytime, freeways like the 5, the 101, and the 405 get totally clogged. If you are on these freeways at the wrong time, you may be stuck literally for hours. However, after the traffic “thaws” and the sun goes down, cars suddenly can go at a much more rapid clip. This huge difference in driver behavior (between trafficky times and non-trafficky times) can create confusion and make roads in the Valley more difficult to navigate than roads elsewhere in L.A.

2. It’s easy to get lost.

Okay, the Valley is not exactly Boston: its traffic grid is at least somewhat intelligible. And if you make a wrong turn, you won’t have to drive three miles before getting back on track. But signage can confuse easily. Many areas (particularly along Ventura Boulevard) “look like one another.” As a result, you have probably a higher than average contingent of drivers who don’t know where they are going or who may be searching for directions while driving.

3. Increase in cell phone use in automobiles.

Think back ten years ago. A few people in Burbank had cell phones and pagers and such. But today, cell phones are nearly ubiquitous. Despite California laws forbidding drivers to use mobile devices unless they use hands free headsets, the practical reality is that lots of drivers still talk on their phones by holding them up to their ears. This makes them more distracted and more likely to get into accidents. Thanks to the increased distractibility of drivers, the probability of Burbank DUI crashes goes way up.

4. Burbank is home to a lot of “out of the way” nightspots and clubs.

When you look at party areas of the city of Los Angeles — such as the Sunset Strip in West Hollywood and Mainstreet in Santa Monica — these places can be dangerous, sure, but they are at least concentrated in a relatively small location. In the Valley, things are different. Places to drink in Burbank are more spread out. As a result, drivers who hop from club to club or from party to party may be more likely to get into their cars, thus increasing the likelihood that they will get into a Burbank DUI accident or be subject to arrest for DUI in Southern California.

Two California Vehicle Code Sections define what it means to be DUI in Southern California — sections 23152(a) and 23152(b). 23152(a) lays out the definition and potential punishments for California DUI. 23152(b) stipulates that if you drive a car, truck, or motor vehicle with a blood alcohol concentration (BAC) of 0.08% or above, you can be arrested for DUI.

So, with that lecture on the law and discussion of potential causes of DUI in Pasadena and Burbank and elsewhere in the Valley behind us, let’s turn our attention to legal defenses:

What should you do if you or a family member has been arrested for DUI?

Published on: March 15, 2010

Southern California DUI News Updates – Quick Reports on Stuff You Should Know

by Michael Kraut

Most Southern California DUI news stories and blog posts report only on the latest headlines. But sometimes the most important stories percolate for weeks without getting due attention. To that end, let’s examine relevant developments that could impact your driving and your safety.

1. CHP will serve over 6,000 warrants for individuals who’ve ignored DUI court appearances.

According to official sources, the California Highway Patrol is going to serve 6,000 warrants for drivers who were caught driving under the influence in Southern California and elsewhere throughout the state who did not show up for court appearances. These warrants should be out by September 30th. Individuals who have outstanding warrants can turn themselves in. Celebrities are not exempt from this hunt. As this blog reported, Jani Lane, former lead singer of the band Warrant, was issued a warrant last month for failing to show up to a Los Angeles DUI hearing.

2. Increase in traffic fines may be impacting Southern California road safety.

On January 1st, 2009, the California legislature passed a law that increased fines for traffic infractions by up to 150%. The revenues from these fines have paid for construction of new courthouses. The imposition of higher fines should theoretically deter bad driving, but it is uncertain whether the deterrent works. More studies need to be done to demonstrate a clear cause and effect relationship.

3. Mandatory Interlock Ignition Device program for first time Los Angeles DUI offenders is moving forward.

As regular readers of this blog may know, as of in January 2010, first time DUI offenders may be forced to install Interlock Ignition Devices in their vehicles as part of a pilot program to deter recidivism. The IID is a breathalyzer-like device that prevents you from turning on your car unless you blow into it and blow a “clean” reading (BAC = 0.00%).

In addition to the mandatory IID installation, first time offenders can face other undesirable penalties for driving under the influence in Southern California such as:

• Mandatory two days (48 hours) behind bars
• Strict terms of probation
• Mandatory alcohol school
• California drivers license suspension for a full year
• Potential elevation of the misdemeanor charge to a felony in the event of an injury DUI
• Fine of $1,000
• Court costs (often way in excess of $1,000)
• Unquantifiable anguish, frustration, and lost time dealing with the arrest, and the direct and indirect consequences of the arrest
4. Former DUI prosecutor now available to help Los Angeles DUI defendants.

Published on: March 1, 2010

Celebrity Los Angeles DUI Arrests and Tiger Woods: The Art of The Public Apology

by Michael Kraut

For years, we have been treated to a media spectacle: a seemingly endless parade of celebrity Los Angeles DUI violators apologizing to us on TV, on radio, and in print. Although Tiger Woods’ mea culpa last Friday had nothing to do directly with the string of celebrity DUIs that have graced our tabloids recently, his apology is in many ways one-of-a-piece with other celebrity self-flagellations we’ve collectively endured.

What is behind the following cycle?

#1. A celebrity does something obviously wrong. (From Nick Nolte to Mel Gibson to Lindsay Lohan to Stephanie Pratt, that “something” has been a Los Angeles DUI. For Tiger Woods, it was a string of infidelities.)

#2. Deny the wrongdoing or diminish it somehow.

#3. When the evidence becomes so overwhelming that the celebrity cannot get out from the glare of the spotlight, capitulate and make public amends.

#4. The public grants absolution (or not), and the celebrity gets off the hook (or not).

#5. The public gets distracted by the next celebrity crime/gaffe/outrageous statement.

If Tiger Woods’ infidelities and celebrity Los Angeles DUI events were victimless crimes, this cycle would be nothing more than frivolous theater for the masses. But real people can and do get hurt. In Tiger’s case, no one was actually physically injured. But in cases of celebrity hit and run accidents, for instance, people and property get damaged.

Moreover, when we see authority figures (celebrities, politicians, athletes) behaving badly, it gives other people a kind of permission to behave badly as well, indirectly.

So how can we solve the seemingly intractable problem of celebrities behaving badly — committing public infidelities, lying to confidantes and to the public, and driving under the influence in Hollywood and elsewhere in Los Angeles?

Obviously, this blog cannot on its own solve the mess. But what we can do is to sketch out the law a little clearer, so that people can understand it and abide by it better.

Two key laws are found in the California Vehicle Code Section 23152(a) and 23152(b). According to 23152(a), if the Southern California police stop you while you are driving DUI or under the influence of drugs, you can be arrested and charged with a misdemeanor or felony. If you wind up convicted of this crime, you can lose your California drivers license, be forced to pay significant fines and court costs, get points on your DMV record, and suffer all sorts of indirect consequences from the arrest and conviction.

23152(b) defines the legal limit for blood alcohol concentration at 0.08%. In other words, if you drive with this BAC or higher, you can be arrested and convicted for driving under the influence.

Building a stout defense to charges of driving under the influence in Beverly Hills or anywhere else in Southern California can challenge even veteran attorneys. The law is complex, and prosecutors tend to come down hard on DUI offenders — even first time offenders. Fortunately, a good attorney can make a real difference.

Published on: February 22, 2010

Southern California DUI Checkpoints Used to Nab Unlicensed Drivers: Is This Practice Fair?

by Michael Kraut

In last Sunday’s New York Times, writer Ryan Gabrielson reported that Southern California DUI checkpoints often spell serious trouble for unlicensed motorists. In 2009, nearly 24,000 cars were seized at Southern California DUI checkpoints — netting around $40 million for the state in fines, towing fees, and other costs. Each impounding can run up to $4,000 or more — usually much more than many motorists can afford to pay.

Times readers reacted passionately to the story. Some readers argued that the impounding is useful and fair. Others argued that the practice victimizes the poorest people in Southern California and constitutes what’s in essence an extra tax on unlicensed drivers.

Those in favor of the police actions argued that uninsured motorists/unlicensed drivers often cause havoc on Southern California roadways. If one of these drivers hits another vehicle and then flees the scene, the driver who got hit (and possibly injured) must foot the bill for repairs and medical costs, if his or her insurance company won’t help.

On the other hand, the draconian punishments for non-DUI checkpoint offenders may distract police from their primary mission of stopping driving under the influence in Burbank (and elsewhere). The practice also seriously hurts people who are just scraping by on the margins of society. Take away these people’s vehicles, argues the other side, and they may no longer be able to hold down jobs. Some may even turn to crime to pay the bills.

Obviously, this blog can’t resolve such a complex and multifaceted issue. But we can provide some basic information to educate Southern California drivers.

For instance, did you know that if you’re pulled over for suspected DUI in Southern California, the police will look for so-called objective symptoms of DUI? These symptoms can include, but are not necessarily limited to:

• Fumbling and stumbling
• Slurred or incoherent speech
• Contradictory stories of where you have been, or what you are doing on the road
• Slow or belligerent responses to officer questions
• Inappropriate emotional reactions to being pulled over
• Smell of alcohol on you
• Blurry, bloodshot, or unusually dilated eyes
• Shifty or slovenly appearance
• Poorly maintained vehicle
• Terrible driving
If you or loved one has been pulled over for driving under the influence in Burbank, it may feel like your world is collapsing around you. Who should you talk to? What might happen to you? What steps should you take to defend yourselves against the charges?

Published on: February 15, 2010

Concerned about Southern California DUI? You’re not alone: Men’s Health Survey rates three CA cities as “drunkest” in the US.

by Michael Kraut

Celebrity Beverly Hills DUI arrests regularly grace the pages of our tabloid newspapers (see, for instance, DUIs involving Lindsay Lohan, Mel Gibson, Nick Nolte and, most recently, Adrian Pasdar). But the non-celebrities among us do not seem to be faring much better when it comes to avoiding the long arm of the law.

A recent Men’s Health Survey (due to be published in March) finds that 3 of the top 10 “drunkest” cities in United States belong to the Golden State; Riverside, Bakersfield, and Fresno all rank among the “most drunk” cities.

The survey took into account an array of factors. The magazine investigated CDC data re: alcohol liver disease, Southern California DUI fatal car crashes (viz the Fatality Analysis Reporting System), and the total number of DUI arrests (viz the FBI). The magazine even cross-compared DUI punishments to assess the relative drunkenness of metropolises.

Fresno ranked as the worst city; Riverside as the fourth worst city; and Bakersfield as the tenth worst city. Curiously, Boston, Massachusetts was the least drunk city. This may come as a surprise to many people, given that Boston is home to Samuel Adams beer as well as to a plethora of colleges, including Harvard, MIT, Boston University and many, many others.

New York City also got off relatively easy in the survey. Perhaps Boston and NYC fared better because the two East Coast cities have lots of public transportation; thus, maybe there were simply fewer opportunities for DUI driving.

Nevertheless, the Men’s Health Survey serves as a sobering reminder of the perils of Southern California DUI — for both individuals and for our community.

Practically everyone — from law enforcement officials to criminal defense attorneys representing Hollywood DUI clients — agrees that driving and alcohol consumption don’t mix and that we need to better fixes for roadway safety. To move in this direction, we must understand when and how to tell whether a driver is intoxicated.

Beverly Hills DUI officers look for an array of symptoms whenever they pull over a suspected driver. These include but are not limited to:

• Disheveled appearance
• Bizarre or dangerous driving
• Poor motor coordination
• Fumbling with driver’s license and registration
• Incoherent or paradoxical stories of where the person has been
• Slow or inappropriate responses to police questions
• Watery eyes
• Smell of alcohol in the car or on the person
• Other inappropriate demeanor or actions
Crafting an intelligent defense to charges of driving under the influence in Beverly Hills means first and foremost understanding what the law stipulates and how the trial process for DUI typically proceeds.

Published on: February 8, 2010

Should Breathalyzer Tests Be Used on Long Beach DUI Suspects?

by Michael Kraut

Would the public and people suspected of driving under the influence in Burbank, Long Beach, and elsewhere in Southern California be better served if police use more accurate methods to test for blood alcohol concentration (BAC) levels?

The Breathalyzer device has been a law enforcement staple for decades. Most people — including most police officers and drivers — assume that Breathalyzer tests used at DUI checkpoints are pretty accurate.

We take it on faith that these tests work at least well enough to determine guilt or innocence for driving under the influence in Southern California. However, unrefuted analyses show that Breathalyzer readings can be riddled with errors. Let’s examine some of the most common sources of error:

1. Calibration problems
Silicone oxide sensors can be contaminated and influenced by chemicals other than ethyl alcohol (the “active ingredient” in most cocktails and drinks). Both the so-called wet bath method and the dry gas method of calibration have flaws. A failure to recalibrate — or interference with recalibration — can lead tests to be widely off the mark.

2. Certain chemical compounds can interfere with readings
Diabetics, most famously, can have acetone levels in their blood that can throw off BAC readings (and thus yield a false positive). A scientific study out of Europe recently found that certain asthma medications can also lead to false positives. Environmental compounds, such as MTBE — an additive in gasoline — can also interfere with breathalyzer mechanisms and lead to false positives… as can paint remover, other kinds of alcohols, lacquers, and volatile organic compounds (VOCs).

3. Variations among people
Variations in human physiology abound, and these can play a not insignificant role. One person’s breath may be “more alcoholic seeming” than another person’s breath — even though the two subjects may have identical BACs. In other words, someone well above California’s legal limit of 0.08% could test below the legal limit because he has what’s known as a high partition ratio. Conversely, a driver who has a low partition ratio (e.g. 1400:1) could have a de-facto BAC level of 0.06% and still test above the legal limit for Long Beach DUI.

4. Officer bias and other issues
Police officers are people too, and they can make mistakes — both in terms of recording BAC levels and in terms of conveying relevant information up the chain of command.

Also, variations between men and women, variations due to temperature, and variations due to cell volume of the blood of suspects (known as hematocrit) can also lead to skewed results and false positives.

So what should you do if you or a loved one has been slapped with a misdemeanor charge of driving under the influence in Long Beach, and you believe that the Breathalyzer test gave a false positive? Even if the facts are on your side, you still likely need a competent and trial-proven lawyer to help you plead your case.

Published on: January 25, 2010

DUI in West Hollywood Dangers — How to Avoid Them

by Michael Kraut

The problem of driving under the influence in West Hollywood is a perennial one. On weekend nights and certain holidays (especially Halloween), the surface streets in West Hollywood become extremely hazardous to both pedestrians and drivers. Here, we provide some tips for how to (hopefully) drive safer and smarter in and around the City of West Hollywood.

1. Limit your driving on party nights.

As long time residents know, the City of West Hollywood comes alive on weekend nights — particularly along the stretch of Santa Monica Boulevard from Doheny east to La Cenega. The Sunset Strip (to the north) is also the site of many arrests for DUI in Hollywood.

Hard partying drivers pose risks not only to other cars on the roads but also to pedestrians. According to authors Steven Levitt and Stephen Dubner (SuperFreakonomics), walking while under the influence of alcohol may be even MORE dangerous than driving under the influence, per mile traveled. So pedestrians and drivers alike should be particularly cautious in the “party zones” — especially during weekends and holidays.

2. DUI drivers who get distracted while looking for parking spots can be doubly dangerous.

Parking restrictions abound in West Hollywood. Trying to finagle a parking space, especially near the clubs and restaurants along Robertson, Santa Monica Boulevard, and La Cienega Blvd, can be perilous even if you’re driving sober and in the middle of the day. The constant cat and mouse game that is the quest to find parking in West Hollywood can result in drivers becoming extremely distracted. When you combine this with alcohol in any form, the dangers skyrocket.

3. Certain intersections have a reputation for being unwieldy.

The intersections of Santa Monica Boulevard with north-south streets like Fairfax, La Cienega, and Doheny, for instance, can get crowded and competitive during rush hour. So be extra mindful at these big intersections. Watch for drivers cutting across traffic or breaking other rules.

4. DUI in West Hollywood dangers can actually increase when fewer cars are on the roads.

During the day, when most of Los Angeles is stuck in a perpetual traffic gridlock, cars obviously have to drive slower, and thus the potential dangers of injuries from certain collisions decrease. When the traffic frees up — during the evening hours and sometimes in the weekends — cars naturally speed up. While this makes getting around West Hollywood a little easier, it also poses problems. DUI in Hollywood collisions are more likely to lead to injuries and death, for instance. This hazard can be compounded on the weekends because certain neighborhoods will clog up with traffic (people going into and out of popular clubs and restaurants), and thus there’s a lot of stop and go action on the roads, which can make things even scarier — particularly when you add DUI in West Hollywood drivers to the mix.

The laws governing DUI in West Hollywood are the same as the laws that govern DUI elsewhere in the state. Two sections of the law are particularly relevant — California Vehicle Code Section 23152(a) and California Vehicle Code Section 23152(b). These sections outline precisely what constitutes the crime of driving under the influence of alcohol or drugs and sets forth the (many) punishments that can be handed out to violators. Two related laws, California Vehicle Code Section 23153(a) and California Vehicle Code Section 23153(b), outline the crime of Southern California DUI with injury and stipulate the punishments for that crime.

To build a stiff defense against any of these charges, it helps to retain a lawyer who has a deep working understanding of Southern California judicial system from both the prosecutorial and defense side.

Published on: January 2, 2010

Major Changes to Los Angeles DUI Laws Go into Effect: First Time Offenders Must Now Install Interlock Ignition Devices

by Michael Kraut

Starting in 2010, any driver convicted of a Los Angeles DUI will be required by law to install an interlock ignition device (IID) in his or her vehicle. The new law is part of an ambitious pilot program being tested in seven different California counties, including Los Angeles and Tulare (in Northern CA). It will remain in effect until at least January 1, 2016, at which time lawmakers can reevaluate the program and determine whether to continue, expand, or terminate it. The legislation stipulates that first-time offenders must keep an IID in their cars for five months minimum; furthermore, past DUI offenders may obtain a restricted driver’s license — provided that they agree to install IIDs in their vehicles.

The IID is a Breathalyzer-like device that prevents a vehicle from starting unless a driver blows a clean 0.00% BAC reading.

In addition to changing Southern California DUI rules, the California Legislature passed a slew of other laws which also went into effect on January 1, including:

Move Over, Slow Down expanded — Drivers must slow down or change lanes when approaching emergency vehicles (such as Caltrans vehicles with flashing amber warning lights) or face stiffer punishments.

Assembly Bill 62 — Californians may now install TV/DVD monitors in front seats of vehicles, provided that drivers cannot see the TV/DVD screens while operating their vehicles.

Paparazzi crack down — Pursuant to complaints from Jennifer Aniston and other celebrities about aggressive paparazzi tactics, CA lawmakers passed a bill that imposes extremely steep penalties ($50,000+) on paparazzi who improperly obtain photos of celebs (for instance, by running red lights or committing other traffic infractions).

Seat-free Bicycles Now Allowed on Freeways — Lawmakers eliminated a law that had banned the operation of seatless bikes on state freeways.

The implications of the changes to these laws — particularly the ones pertaining to Los Angeles DUI and interlock ignition devices — will no doubt be profound and far-reaching.

Do you or a loved one or family member need help battling charges of driving under the influence in Los Angeles?