DUI lawyer in Los Angeles

Published on: March 3, 2018

How Do Breathalyzers Work, and Where Is the Technology Headed?

If you’ve ever been pulled over by a cop on suspicion of DUI, chances are you have been asked to submit to a breathalyzer test. This small device presumably (magically?) somehow measures the alcohol content in your blood by analyzing your breath, and whatever it reveals may influence the officer’s decision whether or not to arrest you.

But what, exactly, is the breathalyzer measuring? Is the reading accurate? What are your rights if an officer asks you to blow into a breathalyzer? Are these devices a truly effective deterrent against DUI? Let’s take a closer look at this technology—how it works, how it is used in real-life contexts with police, and what the future may hold as the technology develops.

How Alcohol Is Detected through Your Breath

Published on: December 14, 2015

State Supreme Court DUI Ruling Puts Drivers At Greater Risk of Losing License

by Michael Kraut

Can the DMV penalize someone for a DUI in Los Angeles based upon a police officer’s observation of their behavior? Can you lose your license even if your blood alcohol content is borderline for a DUI charge?

A ruling earlier this year by the California State Supreme Court in the case of Ashley Coffey vs. Shiomoto permits the use of circumstantial evidence to support the finding of DUI when the DMV is ruling on a license suspension.

The case involved Ashley Jourdan Coffey’s appeal of her loss of license after a DUI conviction. Police officers stopped her after observing her weaving in and out of traffic lanes around 1:30 a.m. in the morning of November 13, 2011. Coffey claimed that she had been in a bar celebrating her birthday—but not drinking. The officers who spoke with her observed several behaviors that suggested otherwise. Her breath smelled like alcohol, her eyes were red and watery and she failed several roadside sobriety tests.

Police gave Coffey a breathalyzer test about an hour after pulling her over. It measured .08—just at the legal limit. A test three minutes later showed a BAC of 0.09.

Published on: May 6, 2015

No Alcohol Sales to DUI Drivers?

by Michael Kraut

How much is too much when it comes to punishing drivers caught driving under the influence? People who have lost family members or suffered serious injuries in a Los Angeles DUI would probably argue that the current laws don’t do enough to discourage driving under the influence. But people who have lost their licenses or their jobs because of a DUI offense would probably say they were punished too severely.

A lawmaker in Oklahoma wants to add another penalty for anyone convicted of the offense in his state. He’s introducing a bill that allows a judge to ban DUI drivers from buying or consuming alcohol for a set period of time.

According to the Washington Times, State Senator Patrick Anderson wants convicted DUI drivers to carry a special identification card that would alert alcohol sellers like bartenders and liquor store clerks to the restriction. Any seller that didn’t comply could face fines up to $1,000 and up to a year in prison.

Anderson said he modeled his bill on Alaska’s current law, which permits judges to restrict convicted DUI drivers from alcohol purchases. These drivers must carry a license marked with a “J” and carrying the words “Alcohol Restricted.”

In New Mexico, State Rep. Brian Egolf has introduced a similar bill for the second time. It would ban the sale of alcohol to anyone required to use an ignition interlock system after a DUI conviction.

Meanwhile, in Tennessee, the state Senate defeated a proposed bill to ban alcohol sales to people who have had more than three or four DUI convictions.

How should you respond to your recent and disarming charges? Call a qualified Los Angeles DUI defense lawyer (and ex-prosecutor) with nearly two decades of relevant legal experience.