Articles Tagged with los angeles DUI

Published on:

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.breathalyzer-equalizer-los-angeles-DUI

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.
Continue reading

Published on:

As this Los Angeles DUI blog – and practically every other news source on the planet – recently reported, pop icon, Justin Bieber, recently got arrjustin-beiber-DUI-reduxested 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.
Continue reading

Contact Information