DUI arrest

Published on: June 17, 2019

What Happens if You Are Undocumented and Get a DUI?

Being arrested, charged and/or convicted for DUI comes its own set of challenges, even if you are U.S. citizen. But for undocumented immigrants, a DUI arrest can open up a whole new set of complications. Undocumented immigrants face a certain amount of risk anytime they get behind the wheel because even a routine traffic stop can put them on the radar of government authorities. But since the Immigration and Customs Enforcement agency (ICE) places a higher priority on deporting undocumented people with criminal records, a DUI arrest or conviction can heighten the chances of deportation considerably.

When/How Does ICE Get Involved?

Technically, a DUI is a municipal or state offense enforced by local or state police, not by ICE. Some people might gain a false sense of security over a DUI arrest because the local police and ICE are two different departments. However, a DUI arrest and/or conviction can get the attention of ICE quicker than you might think. ICE may get involved with your case in one of three ways:

Published on: October 15, 2018

What Happens if You Resist Police During a DUI arrest? Lessons from Vince Vaughan’s Story

by Michael Kraut

“You can’t arrest me, I’m a rockstar.” –Sid Vicious

Getting arrested on suspicion of DUI is not a pleasant experience. Resisting the police, however, almost always makes a bad situation worse. As a case in point, let’s look at the recent charges against 48-year-old actor Vince Vaughn.

On the early morning of June 10, Vince Vaughn was stopped at a DUI checkpoint, where he was subsequently arrested. Last month, according to the Hollywood Reporter, Los Angeles County prosecutors announced Vaughn was facing three misdemeanor charges: driving under the influence of an alcoholic beverage, driving with a blood alcohol level of .08 or higher and refusing to comply with a peace officer.

Published on: May 6, 2018

DUI Arrest—From the Officer’s Point of View

by Michael Kraut

No one especially likes to be pulled over by a cop—and for most of us, the experience can be highly intimidating, even if we feel we have nothing to worry about. We go through a litany of internal questions: Was I speeding? Is my tail light out? Did I not come to a complete stop? Was I swerving? If you had anything to drink before getting behind the wheel, these concerns can multiply: Did I drink more than I thought? What if I’m asked to take a test? Could I pass a breathalyzer?

That said, most of us think of a traffic stop or even a DUI arrest as something that is happening to us—we don’t necessarily look at it from the perspective of law enforcement. So let’s take a few minutes to explore that experience in the mind of the police officer—look at her rationale and thought process when pulling someone over, to see what insights we might gain from it.

When an Officer Decides to Pull You Over

Published on: June 29, 2016

DUI Drivers Can’t Avoid Arrest with These Tactics

by Michael Kraut

Drivers looking to avoid charges of DUI in Los Angeles have tried many creative ways to avoid an arrest. They can make excuses, plead with the arresting officer to let them off and threaten the police department with reprisals by powerful friends. These attempts to evade DUI charges don’t work in the City of Angels, and they don’t work elsewhere either.

In the Chicago suburb of Riverside, Hazel Rojas didn’t avoid DUI charges when she told the arresting officer that she had many friends in the suburban police force. But that may have been due to the fact that she allegedly had already used many different excuses to prevent her arrest.

Police first noticed Rojas’ car when she reportedly neglected to go on a green light, then went 20 mph in a 35 mph zone. When an officer pulled her over, Rojas claimed that the alcohol he smelled was the result of her spilling alcohol on herself while serving customers at her workplace. But she reportedly failed the sobriety test and practically fell into the officer’s arms.