Los Angeles DUI Attorney Blog

It’s been nearly two months since the implementation of the AB 91 pilot program, which mandates that first time Los Angeles DUI offenders install interlock ignition devices (IIDs) in their vehicles. So let’s assess whether this program has been helpful, harmful, or neutral.

A bit of background on AB 91 first.

Mike Feuer, a Los Angeles assemblyman, introduced the law, which requires that drivers convicted of DUI in Los Angeles, Tulare, Sacramento, and Alameda counties must put an interlock ignition device into their autos even after only one conviction. The compulsory device is wired into your ignition. So in order to start your car, you need to blow an essentially alcohol-free breath to show that you will not be DUI. (Your BAC reading must be 0.03% -- substantially lower than the legal limit for Southern California DUI of 0.08%). Once you do blow a successful sample, you must continue to blow samples as you drive, or your horns will start going off and your lights will flash to attract the attention of police.

Although AB 91 passed unanimously, many in the Southern California DUI community have voiced objections. One potential problem with AB 91 is that, according to DMV data, first time offenders do not respond as well to IIDs as do recidivist offenders. In other words, the statistics seem to show that if you put an IID in the car of a first time offender, it’s really not going to do much in terms of preventing that person from breaking the law again. That said, if you put an IID in the car of a recidivist (someone who has more than one conviction), then, the statistics suggest you’ll get results.

Since we are only less than two months into the AB 91 experiment, it’s difficult to say how effective the program will be. But five years down the road, we will likely have substantial data to help shape Los Angeles DUI policy.

If you have been charged according to California Vehicle Code Sections 23152(a) or 23152(b) for Los Angeles DUI, you need some fast and accurate legal guidance.

Continue reading "Mandatory IID Installment for 1st Time Los Angeles DUI Drivers: Will the Experiment Work?" »

No one disputes that driving DUI in Los Angeles is dangerous – and that conscientious people should do everything in their power to prevent friends and relatives under the influence from getting behind the wheel. But a rare story out of Islip, New York drives home this point in emotionally compelling fashion. The story involves a 13-year-old girl who called 911 after her mom insisted on driving DUI in spite of having her and her 10-year-old brother as passengers.

CNN reported that the 13-year-old daughter of Jamie Hicks called 911 last Sunday, while her mom was weaving on I-84 near Connecticut. The New York State Police pulled Ms. Hicks over and arrested her after she failed a field sobriety test. Her BAC level tested at 0.18% – more than twice the legal limit for Southern California DUI. According to CNN, Ms. Hicks will appear in court on August 17th to face an array of charges, including charges of endangering minors.

It obviously took guts for the young woman to call the police -- she clearly did not want to see her mother put behind bars -- but perhaps her act averted disaster.

Moving to another important general lesson, let’s talk again about Southern California Field Sobriety Tests (FSTs) – what they are, how they have bearing (or not) on cases, and what you should do if you’ve been arrested for driving under the influence in Pasadena -- hopefully not with young children in your car.

Field Sobriety Tests are mental and physical exams given by police officers. A common mental test involves saying the alphabet backwards. Physical exams include the horizontal gaze nystagmus test, which is essentially a pupil reaction time test. DUI individuals tend to have slower reaction times. Balancing tests include: walk the line, one leg stand, finger to the nose and rhomberg (where you tilt your head backwards and count from 1 to 30).

In theory, Field Sobriety Tests (FSTs) should do a pretty good job determining who is DUI in Pasadena and who is not. But in practice, the tests can be extremely problematic. First of all, drivers pulled over under suspicion of DUI tend to be nervous, jittery, uncomfortable, nauseous, and otherwise out of sorts. Their behavior (e.g. stumbling and fumbling) may have nothing to do with whether or not they are under the influence and everything to do with their natural disposition or their feelings of fear. Also, the National Highway Traffic Safety Administration (NHTSA) has suggested that all but three of the FSTs that police officers typically use – the horizontal gaze nystagmus, one leg stand, and walk and turn tests – really don’t show a correlation between impairment due to alcohol and performance.

For example, someone who is DUI may have a fantastic memory and may be able recite the alphabet backwards by rote even with a BAC of 0.20.

If you have been pulled over for Southern California DUI, you likely need a smart and experienced attorney in your corner to investigate the arrest and help you come up with a strategy to deal with the charges. Sometimes that strategy may involve trying to get the charges excused completely. Other times, it might involve trying to plea bargain down the charges so you will face a lesser offense and reduced punishment.

Continue reading "A Lesson for All Would-Be Southern California DUI Drivers: From a 13-Year-Old Girl" »

You might think that Southern California DUI experts have seen at all – from celebrity arrests (e.g. Nick Nolte, Lindsay Lohan, Mel Gibson) to other bizarre stories we have covered here on this blog. But a breaking story out of Louisiana actually may take the cake for most jaw-dropping case of the year.

The Sun Herald reports that Jimmy Graves Jr. was sentenced last Wednesday to 5 years in jail pursuant to his 17th DUI arrest. The 40-year-old Gonzales got pulled over last May 11th with a BAC of 0.16% – exactly twice the legal limit of a Long Beach DUI. Initially, prosecutors charged Graves with a misdemeanor second DUI offense. But upon further consideration, prosecutors found that Graves had been pulled over for DUI 16 prior times (including both convictions and arrests) and sought to punish him more. The jury sided with the prosecutors and sentenced Graves to a day-for-day five-year prison sentence -- without consideration for early release -- due to his habitual offender status. Graves’ Long Beach DUI arrest (Long Beach, Louisiana that is) occurred at 12:30 A.M. while he was driving his wife to the beach for his birthday. He maintained up until the end that he was not guilty of the charge and that the breathalyzer Intoxilyzer 8000 had malfunctioned.

Now, in the case of a guy who had 16 prior DUI arrests, one might be very dubious of this defense. After all, fool me once, shame on you… fool me 16 times, shame on me.

However – although this blog obviously can’t say anything about this particular case – breathalyzer machines are far more fallible than most people (including most police officers and Los Angeles DUI defendants) realize. Breathalyzers fail to distinguish between men and women, who process alcohol at different rates. Breathalyzers have a hard time telling the difference between ethanol and other chemicals on the breath – particularly chemicals found in the breath of diabetics. The amount of food, the depth of the breath blown, the calibration of the machine, officer bias, and literally dozens of other factors can prejudice results, yielding false positives.

A savvy Long Beach DUI attorney can challenge your breathalyzer-related arrest. The key is retaining a Los Angeles DUI lawyer who has the knowhow, knowledge, and track record to get the job done.

Continue reading "Even Los Angeles DUI Veterans Stunned by Man’s 17th DUI Arrest" »

For the past several weeks, blogs and even the mainstream media have been endlessly covering Lindsey Lohan’s Los Angeles DUI related jail sentence (stemming from a 2009 arrest). And it’s not just Lohan who has had to face the music – actor Chris Klein, 80’s rocker Jani Lane, and seemingly dozens of celebrities, sports figures, and politicians alike have been taking the lumps. But one non Los Angeles DUI story that’s gone completely under the radar – but which is nevertheless quite interesting – involves neither a celebrity nor an athlete nor a politician.

It involves a goat and a trunk.

Yup. You read that right. Here are the details.

On June 11th, a police officer in Bedford County Virginia pulled over a woman named Fiona Enderby for suspected DUI and discovered that she had a goat locked up in her trunk. The Sheriff's Deputy “liberated” the animal and turned him over to new owners at a local farm, Johnson’s Orchards. The goat was humorously rechristened “Trunk” and, according to a local affiliate news source, he is getting a royal treatment now – “a fenced and aerated room, with a creek and plenty of trees for shade…and several other goats to play with, including female goats.”

Getting a little more serious, let’s return our attention to the laws governing Long Beach DUI arrests (and arrests for DUI elsewhere in Southern California). The California Vehicle Code Sections 23152(a) and 23152(b) spell out precisely what a charge of “DUI in Long Beach” constitutes and how it should be punished. According to the first statute, 23152(a), if a police officer stops you while you are driving a motor vehicle while DUI, you can be arrested and subjected to myriad punishments. The court can order you to spend time in jail, suspend your driver’s license, require you to install an interlock ignition device in your car, enforce terms of probation, and set other punishments. 23152(b) defines DUI in a different way – as having a BAC (Blood Alcohol Concentration) of 0.08% or greater. The same penalties spelled out in 23152(a) apply.

Obviously, only the small minority of DUI in Long Beach cases involve celebrities, politicians, singers, or goats. If you or a family member currently faces charges pursuant to 23152(a) or 23152(b), the quality of your legal representation can make a huge difference in terms of the sentence you get and whether or not you can put up stiff resistance to the charges.

So who should you get in your corner?

Continue reading "Enough Prattle about Lindsey Lohan’s Los Angeles DUI Jail Sentence: Let’s Talk about Goats in Trunks" »

Two months ago, Mary Kennedy, the soon-to-be ex-wife of Robert F. Kennedy, Jr., was pulled over for DUI in Bedford, New York – a surprising arrest that sparked heated discussion among the bloggers and pundits who track celebrity Los Angeles DUI matters.

Background of her arrest follows:

On May 13th, the day after Mr. Kennedy filed for divorce, he and Mary Kennedy had a public fight regarding whether or not they should take their four children to a carnival. Officers got called to resolve the domestic dispute, at which time, according to police documents, Mr. Kennedy accused his wife of being “intoxicated and…acting irrational.”

On May 15th, the Bedford police pulled over Mrs. Kennedy at around 9:15 p.m. after she was seen driving onto the curb on Greenwich Road. The arresting officer noted that her speech was slurred, and her BAC tested at higher than 0.08% – the legal limit for DUI in Southern California as well as New York. To-date, neither party has made public comments on the upcoming divorce filing. On July 22nd, Mrs. Kennedy will have her day in court for her DUI.

Broader Implications

Whether you are pulled over for driving under the influence in Glendale or Bedford, NY, police will examine a range of evidence to render a judgment about whether you are DUI or not. The arrest report noted that Mrs. Kennedy had slurred speech, which can be a symptom of DUI in Glendale (or really anywhere in the country). What other symptoms do officers look for? Here is a partial list:

• Incoherent or inconsistent stories about where the person has been/is headed.
• Incomprehensible or overly slow or overly rapid responses to police questions.
• Slurred speech.
• Bloodshot/watery eyes.
• Poor motor control.
• Any kind of inappropriate reaction, such as manic or overly aggressive behavior.
• Odor of alcohol on the person or in the person’s vehicle.
• Lack of balance.
• Abnormally slow pupil reaction time (failing the horizontal gaze nystagmus test)

What if you or a loved one failed a Pasadena DUI sobriety test? What can you do to shield yourself against potential legal blowback and clear your record? Furthermore, how can you prevent getting into dangerous and legally uncomfortable situations like this again?

Your best strategy may be to find an experienced and reputable Los Angeles DUI attorney.

Continue reading "Celebrity Los Angeles DUI Bloggers Weigh in on RFK Jr.’s Wife's Charge" »

Southern California DUI reporters have been furiously blogging the past week about the arrest last Saturday of Quinton Ganther, a runningback for Seattle Seahawks. The 25-year-old Ganther played for the Washington Redskins last season and rushed for more than 200 yards. The Seahawks signed him to compete to play on the 53-man squad as a reserve runningback.

According to the Seattle Times, Ganther was driving around 3:45 early Saturday morning near Sacramento when the California Highway Patrol (CHP) pulled him over and took him into custody. After a stay at the Sacramento County Jail, Ganther secured release by making a bail of nearly $1,500. Ganther’s Southern California DUI arrest is just the latest in a series of legal problems for Seahawks players. Leroy Hill, a teammate, was busted in April for charges of domestic violence and assault – he could be going to trial potentially this month. And Kevin Ellison, a safety, got arrested in May for possessing Vicodin tablets that he didn't have a prescription for. [Technically, Ellison was on the roster of the San Diego Chargers during that arrest. Subsequently, the Chargers waived his contract, allowing him to sign with the Seahawks.]

Whether you get pulled over for DUI in Long Beach, Laguna Beach, or Sacramento, police officers will (or at least should) subject you to similar treatment. In particular, they will look for so-called "symptoms" of Southern California DUI. Here is a partial list:

• Impaired motor skills
• Odor of alcohol or other intoxicants on the breath
• Eyes are watery and bloodshot
• Incoherent responses to police questions
• Problems fishing out a wallet or driver’s license
• General stumbling and fumbling
• Disheveled appearance
• Demeanor that's out of the ordinary – e.g. excitable, overly defensive, belligerent
• Incoherent explanation of where the person has been
• Admission to using alcohol, prescription medications, narcotics, or other substances.

If convicted of a charge of Long Beach DUI (or really, DUI anywhere in the Golden State), you can face a variety of scary penalties, including jail time, harsh fines, driver’s license suspension, mandatory alcohol school and probation. And that's all for a Los Angeles DUI conviction that's not further complicated by injury or serious property damage.

How much trouble are you in? And what can you do about your arrest?

Continue reading "Southern California DUI Blogs Buzz about Seahawks Runningback’s Arrest" »

49-year-old Vince Neil, the lead singer for 80’s hair band Mötley Crüe, was detained last Monday in Las Vegas, after cops pulled him over for driving under the influence in a Ferrari on Las Vegas strip. Southern California DUI experts have been quick to point out that the singer has had multiple encounters with the law over drug and alcohol charges. In 1984, the singer pled guilty in a DUI vehicular manslaughter case, in which he accidently killed Nicholas Dingley, the drummer of Hanoi Rocks. For that crime, he paid out $2.5 million in restitution costs and spent 20 days in jail. Neil was also arrested in 2007 for reckless driving in a Lamborghini in Vegas. During his latest offence, reports TMZ, he was held at Clark County Detention Center prior to being released after posting a $2,000 bail.

If, like Neil, you drive DUI and cause someone’s death directly or indirectly– whether you drive DUI in Burbank on the 101 or DUI in Long Beach on the 405 – you could face severe punishment under California’s vehicular manslaughter laws. Prosecutors will look to police reports and the reports of investigators to determine whether to file vehicular manslaughter charges. One of the most serious offences is “gross vehicular manslaughter while intoxicated” – this is a violation of the Judicial Council of California’s Penal Code section 191.5 (a). The conviction carries monumental penalties, including lots of jail time.

To prove that a person who was DUI in Burbank and killed someone violated Penal Code section 191.5 (a), prosecutors must prove four points:

1. The person drove under the influence of a drug, narcotic, or alcoholic beverage, or had a BAC level of 0.08% or greater.

2. While DUI or otherwise under the influence, the driver committed a driving infraction, misdemeanor or other act that could result in someone else’s death.

3. The driver committed that act, misdemeanor, or infraction with “gross negligence” – an extra degree of recklessness or carelessness.

4. Prosecutors must show that the grossly negligent behavior led – either directly or indirectly – to the actual death of another human being.

As you can see, charges of Southern California DUI can get quite complicated, and a defense can become quite convoluted, particularly if you cause injury to another person like Neil did in 1984.

To that end, to protect your rights, consider retaining experienced Los Angeles DUI defense counsel.

Continue reading "Southern California DUI Blogs Light Up as Mötley Crüe Singer Busted for DUI in Vegas" »

Corey Dillon, a former running back for the Cincinnati Bengals and the New England Patriots, pled not guilty to charges of driving under the influence in Southern California stemming from an April 21st arrest in Malibu on Mulholland Drive. According to reports, Dillon had been driving with a friend in a red Camaro, when officers noticed the car was driving slowly and awkwardly. They pulled Dillon over and arrested him for driving under the influence in Southern California (Calabasas, to be specific).

Just 10 days following his DUI arrest, Dillon got arrested again on separate charges of domestic violence. Prosecutors ultimately did not file charges against him for this arrest, and his wife subsequently recanted her allegations.

Dillon got arrested for two charges of Los Angeles DUI – but what does that exactly mean, legally speaking? What laws prohibit drivers from consuming alcohol/drugs and getting behind the wheel? The answer may have significant relevance to your case, if you or a loved one has been similarly arrested for DUI in Southern California.

The relevant laws include California Vehicle Code Sections 23152(a) and 23152(b). The first CVC section says that, if police officers stop you while you drive under the influence of either drugs or alcohol, you can be charged with a crime – either a misdemeanor or felony. If convicted, you can face a host of penalties, ranging from jail time to loss of your California driver’s license to serious fines and court costs. (You will also face secondary and tertiary consequences, including the onus of having a criminal record and potentially the loss of the right to vote, if you are convicted of a felony.)

23152(b) defines Southern California DUI as driving with a blood alcohol concentration (BAC) in excess of 0.08%. Violating 22152(b) will net you similar consequences.

If you hurt someone while driving under the influence, you could be charged under two different CVC sections – 23153(a) and 23153(b). An injury Southern California DUI can elevate what would ordinarily be a misdemeanor charge to a felony – a much more serious count.

So, if you or someone you care about has been charged with Southern California DUI (like Corey Dillon), what can you do to build an efficient defense? In almost all cases, you will want to quickly connect with a creditable and a battle-proven Los Angeles DUI attorney.

Continue reading "Ex-NFL Star Enters “Not Guilty” Plea to Southern California DUI" »

As this blog reported several months ago, reality TV star Jason Wahler (of The Hills and Laguna Beach fame) got pulled over for Southern California DUI in March and wound up pleading guilty. Despite earning penalties like 48 hours in jail, three months forced alcohol school, and three years probation, the recalcitrant reality star was arrested yet again last Sunday on charges of misdemeanor battery, after he allegedly hit a girl at a Hollywood party. E! News broke the story last Monday, citing sources who said that Wahler was arrested around 1:45 in the morning and held on a $20,000 bail pending an arraignment.

This marked the 23rd year old’s seventh arrest in the last several years and third arrest in 2010. (In addition to his Newport Beach DUI in March, he also got busted in Mexico for participating in a bar fight). Prior to the Hollywood brouhaha, Wahler had allegedly been in talks to appear on Celebrity Rehab with Dr. Drew (on VH1). It is unclear whether he will now be invited on the show.

What happens when someone like Wahler gets charged with multiple counts of driving under the influence in Beverly Hills (or elsewhere in California)? Well… first we must note that Wahler was only busted once in 2010. If a defendant gets convicted multiple times for Southern California DUI, charges obviously increase.

For a first-time misdemeanor offense, the court might impose penalties like 48 hours of jail time, a fine of $1,000 along with court costs, a one-year suspension of a California driver’s license, and compulsory DUI alcohol school.

A second time misdemeanor offender may see a minimum of four days in jail (perhaps more), a two-year license suspension, a serious increase in court costs and fines, and additional compulsory alcohol school along with tougher probation terms.

If you are busted for driving under the influence in Hollywood a third time within 10 years, your jail time jumps up to 120 days minimum, and all other punishments increase – including driver’s license suspension (three years), alcohol school, probation, etc.

A fourth time DUI within 10 years – even one that would ordinarily be considered a misdemeanor – may be elevated to a felony and can merit a minimum of 180 days in jail along with other severe punishments.

How can you or a loved one battle back against spurious charges of driving under the influence in Hollywood or elsewhere in Southern California?

Whether you believe that a breathalyzer test erroneously showed you to be DUI, or whether you admit to driving DUI but seek to minimize your punishments and maximize your chance for rehab, you likely need a professional Southern California DUI defense attorney to guide you.

Continue reading "Jason Wahler Socked with Seventh Arrest – New Charges against Celeb Who Was Arrested for Southern California DUI in March" »

Blogs and tabloids devoted to the topic of celebrity Southern California DUI arrests lit up last week after Sonja Morgan -- one of the newest members of the “Real Housewives of New York City” cast -- was busted for DWI in South Hampton Village, New York. According to the New York Post, the 46-year-old actress hurtled through a stop sign near First Neck Lane just after 2 in the morning. Allegedly, she had been partying with friends on East End over the holiday weekend. Morgan recently divorced John Adams Morgan, the great grandson of financial tycoon J.P. Morgan. Allegedly, she refused to take a breathalyzer at the scene. No court date has been set yet for her DUI charge. It’s also unclear whether or not her arrest will impact her appearance on Bravo’s hit reality TV series.

When you read about arrests like Morgan’s – whether they are celebrity run-ins with police or more “pedestrian” arrests for, say, DUI in Glendale -- the focus is often on breathalyzer tests. But what are breathalyzers? Do they really work? And if you have been pulled over for driving under the influence in Pasadena, can you challenge the results of these tests?

Breathalyzers are chemical tests for DUI. Essentially, a breathalyzer is a portable chemical analysis machine. You blow into it. The machine analyzes the chemical composition of your breath. From there, a police officer is supposed to be able to extrapolate your level of blood alcohol concentration.

The machine is a great idea in theory. The problem is that, in practice, many things can skew the results.

For instance, if you are diabetic, you might have chemicals in your breath that might read as alcohol and thus yield a false positive. Also, men and women process alcohol at different rates and this can skew the results. Even the depth of the breath you breathe out can radically swing the results. If you breathe out shallowly, you will have a lower BAC rating (in general) than if you breathe a deep breath out. (Note: This may explain why many police officers encourage Los Angeles DUI breathalyzer suspects to breathe deeply into the breathalyzer).

An experienced Southern California DUI attorney can help you challenge breathalyzer results on a number of grounds – from challenging the care and handling of the machine itself to attacking the administration and testing to calling into question other details of the arrest or police work.

To build a solid case, however, you need an attorney who has been around the block with Southern California DUI defenses.

Continue reading "Celebrity Los Angeles DUI Bloggers Agog Over Real Housewife DWI Arrest" »

More fodder for Los Angeles DUI and celebrity DUI bloggers -- veteran reality TV star and self-described “actress” Megan Hauserman was arrested in Miami for DUI on April 16th at 3:15 AM.

The 28-year-old Hauserman -- a one-time Cyber Girl for Playboy and star of a slate of reality shows, including ‘Rock of Love’ (Parts 1 and 2), ‘I Love Money,’ ‘Beauty and the Geek,’ and her own project, ‘Megan Wants a Millionaire,’ which was cancelled after three episodes after one of the contestants murdered his wife -- was stopped for driving 25 miles per hour over the speed limit on the MacArthur Causeway in Miami.

Megan allegedly failed her breathalyzer test by blowing a 0.102% (Florida’s limit is 0.08% BAC -- the same as the limit for Southern California DUI). Hauserman allegedly was on her way to her job at a strip club (New York Strip Steakhouse and Cabaret), but she told the troopers who pulled her over that she was heading to film a TV show.

Hauserman is no stranger to controversy. While filming a special episode for ‘Charm School,’ she got into a brawl with Sharon Osbourne and had to be physically removed from the set (in her bikini).

Police claim that Hauserman had alcohol on her breath. What other signs do police look for when investigating whether someone is or is not driving under the influence in Pasadena?

Los Angeles DUI signs can include:

o Disheveled appearance
o Inappropriate or non-answers to police questions
o Inconsistent or incoherent story telling
o Odor of alcohol on the breath (as Megan allegedly had)
o Watery eyes
o Fumbling, stumbling, and mumbling
o Lack of balance
o Admission to having had alcohol
o Inconsistent or inappropriate behavior (e.g. going from giddiness to hysterical crying)
o A general slowness and lack of alertness

What should you do if you’ve been hit with a charge of driving under the influence in Pasadena (or elsewhere in Southern California)?

Although you and your family may be stunned by your recent DUI charge, it may behoove you to take a quick and direct action to avoid the worst penalties and consequences. If convicted, you could lose your license, have to serve jail time, be forced to pay fines and court costs, and be compelled to install an interlock ignition device in your vehicle (among other punishments).

Continue reading "Celebrity Los Angeles DUI Alert -- Prolific Reality TV Star, Megan Hauserman, Arrested in Miami for DUI" »

Actress Heather Locklear, star of the TV series "Melrose Place," was hit with a misdemeanor hit-and-run charge Saturday; her case could be vastly complicated by her previous arrest for driving under the influence in Southern California in September 2008. According to the Deputy District Attorney for Santa Barbara, Lockley "could be facing a maximum of 90 days" in prison, if she's convicted of violating her Los Angeles DUI probation.

Play-by-play of the crash and arrest

On 4 A.M. Saturday night, a local Ventura County resident woke to the sound of a violent crash near his house. He investigated and saw a car smashed into a "no parking" sign. The driver peeled off. Concerned, the witness called the police, who investigated and connected Heather Locklear with the crash. Her black BMW had damage to its tire well that matched perfectly with damage to the "no parking" sign.

The police captain who cited Locklear did not handcuff her or take her to the station. Nevertheless, a court date has been set for May 17. (After her 2008 arrest, the 48-year-old actress was sentenced to 12 hours of road safety training, a $700 fine, and three years probation--in exchange for getting her Southern California DUI charge dropped.)

Whether a celebrity has been arrested for DUI in Burbank or for driving under the influence in Long Beach, she can be charged according to two DUI laws: California Vehicle Code Sections 23152 (a) and 23152 (b). The first statute says that if police stop you for driving under the influence of alcohol or drugs, they can arrest you and charge you with a misdemeanor or felony. Convicted offenders face jail time, suspension of California's drivers license, points on the DMV record, and major fines and court costs. 23152 (b) defines DUI in Southern California "per se" as having a blood alcohol content (BAC) at or above 0.08%.

Although a single conviction of DUI in Burbank may only result in a misdemeanor, the charge can be elevated to a felony if this is your third DUI within 10 years or if you hurt someone.

Legal assistance for dealing with a charge of DUI in Southern California

If you or a loved one has been arrested for DUI -- whether you face straightforward charges or more complicated ones like Heather Locklear now faces -- you can likely benefit from the counsel of an experienced and trial-proven attorney.

Continue reading "Heather Lockhear hit-and-run case could be complicated by her 2008 Southern California DUI" »

Southern California DUI headlines about indiscreet celebrities and sports figures capture a sizable (perhaps undue) slice of the American attention span. But today we are reporting on a story that’s potentially even more bizarre than the standard Lindsay Lohan DUI or Paris Hilton DUI type affairs.

A breaking story out of Reno, Nevada has lit up the blogosphere -- even though no celebrities, sports figures, or even politicians were involved. Why all the fuss? Because it involves two men simultaneously arrested for driving under the influence in one stop.

The back-story

Last Tuesday, a motorist called the Reno police after he saw an SUV weaving around the road near Sparks Steakhouse (near McCarran Boulevard in North Reno). The motorist saw the SUV stop. The passenger hopped out of the vehicle, walked around to the driver, pulled him out and then carried him like a sack of potatoes back to the passenger side. The passenger then got into the driver’s seat and drove away.

By this time, police had arrived -- in time to see the new driver (the former passenger) veering erratically over the road. Police pulled over the SUV and tested both men -- Michael Yell and David Dudick -- both of whom tested three times over the state’s legal limit of 0.08%.

“Double dip” Southern California DUI stops occur infrequently -- but this incident out of Reno was not even the first of its kind that this blog has covered (if you recall, several months ago, we reported on a husband and wife who both got arrested for driving under the influence in Los Angeles at the same stop -- although each was driving a different car).

Two statutes govern Long Beach DUI charges.

The first, California Vehicle Code Section 23152(a) defines the term “driving under the influence” as a crime that can lead to your arrest. It also stipulates the many consequences that await convicts, including driver’s license suspension, fines and court costs, points on your license, jail time, and mandatory alcohol education. (The statute does not, obviously, talk about the secondary fallout from these primary punishments -- such as increased insurance rates, potential difficulties with employers, and so forth -- but convictions under the statute can have long-term and complex consequences).

The second, California Vehicle Code Section 23152(b), defines DUI “per se” as driving with a blood alcohol concentration of 0.08% or greater. California Vehicle Code Section 23578 defines so-called excessive blood alcohol content as a BAC of 0.15% or higher. This may lead to a DUI penalty enhancement -- in other words, your punishments can be even greater than they might be for a standard BAC violation.

Whether you were arrested under suspicion of driving under the influence in Long Beach, Burbank, Glendale, or elsewhere in Southern California, you will likely want an attorney to represent you through the various phases of your defense. Do not underestimate the power of prosecutors. The state tends to be particularly aggressive with DUI suspects.

Continue reading "More Peculiar than Even a Celebrity Los Angeles DUI -- Case Out of Reno in Which Both Passenger and Driver Arrested Simultaneously for DUI!" »

Joey Porter, a linebacker for the Arizona Cardinals, was arrested for Southern California DUI last week in Bakersfield near a Taco Bell. The 33-year-old allegedly got into a confrontation with the officers who arrested him – slapping a police officer’s hand when the officer opened his car door – but DUI allegations against the athlete have been dropped, according to the local Deputy DA.

According to reports, Porter tested right around the limit for Southern California DUI – different readings gave BACs at 0.07% and 0.08%. Prosecutors did not believe they had unambiguous evidence to convict. Deputy DA Mark Pafford was quoted in a Bakersfield paper about the matter: “We do not believe that there will be a reasonable likelihood that a jury would find Mr. Porter guilty… we thought it was not appropriate for us to proceed.”

Interestingly, apparently Porter had been pulled over at the same time as his friend had been pulled over – the double stop may have complicated the investigation and would certainly have made any kind of trial (if it had come to that) more complex.

Porter’s case of Southern California DUI aside, how exactly do breathalyzer tests determine whether or not prosecutors press for charges like DUI in Glendale?

The breathalyzer test is the most common type of BAC test employed in the Greater Los Angeles area. Theoretically, breathalyzer tests should work easily. All a suspect has to do is blow into a machine, which analyzes the breath and determines based on chemical methods how much alcohol is in the person’s blood stream. If that alcohol concentration is above a certain magic number – in California that number is 0.08% – then that person should be tried and ultimately convicted for DUI in Glendale (or wherever).

In practice, however, it’s not simple. Breathalyzer readings are subject to all sorts of errors. First of all, machines do not discriminate between men and women, between sick people and healthy people, and between people with different metabolisms. Deeper breaths into a machine may yield higher readings, and even false positives for DUI in Southern California. The machines can be misread. Officers can screw up the paperwork and record numbers incorrectly. Other chemicals in the blood or even on the machine can interfere with readings. And so on and so forth.

The inherent flaws in breathalyzer testing notwithstanding, if you have been charged with DUI in Pasadena, you likely need an expert attorney to help you navigate the legal system. It’s not enough simply to argue that “The breathalyzer test was wrong!” Unless you have evidence and argumentation to back up your claim, and unless you understand the proper legal protocol to defend yourself, justice may not be served.

Fortunately, you don’t have to go down this road alone.

Continue reading "Joey Porter will not be charged with Southern California DUI" »

23-year old Jason Wahler was arrested for driving under the influence in Southern California last Friday night – just one week after he was arrested in Mexico for getting into a fight at a nightclub in Cabo San Lucas.

According to the arrest reports, the former boyfriend of both Lauren Conrad and tennis superstar Katja Decker-Sadowski was pulled over just before 11 o’ clock on Friday in his Chevy Tahoe in Newport Beach. Details of this arrest are hazy. More is known about Wahler’s previous arrests – which include a charge last year of assault in Seattle, Washington and a 2008 charge of assault after he socked a tow-truck driver in the face.

Wahler is no stranger to rehab – he was quoted in People Magazine saying, “I’m embarassed as hell, but I really do not remember my arrests. They’re blackouts. And that’s scary.”

Some of the snarkier blogs that cover stories about celebrity DUI in Los Angeles have noted that Wahler’s attempt at rehab in 2007 does not seem to have been successful.

The 23-year old’s multiple arrests do beg the question – what happens to someone who violates laws against DUI in Long Beach more than once?

Unsurprisingly, it turns out that the law ratchets up the punishments every time you get arrested for an additional charge of DUI in Los Angeles.

Long time readers of this blog will realize that we like to review the various kinds of punishments that can be doled out for driving under the influence in Long Beach. We think that knowledgeable drivers are empowered drivers. To that end, once more, let’s review what the court can impose for different DUI offences.

First time DUI – 48 hours in jail, $1,000 in fines plus court costs, CA drivers license suspension for one year, six weeks minimum of alcohol school, potentially formal probation imposed, mandatory installation of Interlock Ignition Device.

Second time DUI – mandatory 4 to 10 days behind bars, more court costs and fines – usually significantly steeper, 18 months minimum of alcohol school, two years of CA drivers’ license suspension, IID installation, and strict probation possible.

Third time DUI – 120 days behind bars, 18 months mandatory DUI alcohol school, three years California drivers license suspension, huge spike in court costs and fines, and more.

Fourth time DUI within ten years – could easily be elevated to a felony, 180 days minimum in jail, three year drivers license suspension, 18 months alcohol school minimum, four year drivers license suspension, another steep increase in court costs and fines, and more.

If you have been charged with a second, third, or fourth count of driving under the influence in Los Angeles, you may need legal representation ASAP.

Continue reading "Another Star of the Hills Busted for Driving Under the Influence in Southern California" »

St. Patrick’s Day, March 17th, is a notorious day for Southern California DUI arrests. 2010 was not that different. Consider statistics out of a single checkpoint in Bakersfield, California.

On March 17th, according to the Bakersfield Police Department Traffic Enforcement Detail, a checkpoint that ran from 5 pm to 7 pm on Golden State Avenue screened over 500 vehicles and netted a significant number of Southern California DUI arrests.

The official stats: 55 cars and trucks impounded, 41 unlicensed drivers cited, 8 drivers cited for violations of the California Vehicle Code, 12 drivers cited for driving on a suspended California license, 11 drivers required to perform a field sobriety test.

St. Patrick’s Day can be a dangerous day to drive because of all the alcohol-related frivolity. Bars, for instance, sponsor special deals and host parties. Alcohol manufacturers, such as Guinness and Jameson, also host parties and sponsor contests and the like.

St. Patrick’s Day is not the only dangerous day for Pasadena DUI events. Other holidays, such as the 4th of July, New Year’s Eve, Superbowl Sunday, Memorial Day Weekend, and Veteran’s Day witness more than their fair share of DUI incidents. The time of day you drive can also matter. If you want to avoid people who are driving under the influence in Pasadena, for instance, then steer clear of the roads late Friday night and early Saturday morning.

When police officers pull people over for suspicion of driving under the influence in Los Angeles, and they administer field sobriety tests, what exactly do they do?

Protocol differs from department to department. But several tests are “standard.” These include:

• Horizontal gaze nystagmus test -- this is a vision test. An officer has the suspect follow an object with his or her eyes. If the pupils do not respond correctly, DUI may be suspected.
• Walk the line test -- a suspect is asked to walk several paces in two directions. If he or she demonstrates a lack of balance or coordination, DUI may be suspected.
• Finger to the nose test -- suspect is asked to stretch out his or her arms and touch a finger to his or her nose with eyes closed. If the person “misses,” DUI may be suspected.
• Suspect leans his or her head back and counts to 30. If he or she loses balance, DUI may be suspected.

Officers also look at other factors, such as the suspect’s demeanor, coordination, logic (or lack thereof) of thought process, odor of alcohol, and any admission of guilt (such as statements like “I drank a lot of Guinness tonight.”)

What should you do if you’ve been tagged for driving under the influence in Pasadena (or elsewhere in Southern California)?

Given the consequences of getting convicted for DUI (which can include jail time, huge court costs, drivers license suspension, mandatory IID installation, etc.), it makes a lot of sense to get excellent legal representation.

Continue reading "Lots of Southern California DUI Arrests on St. Paddy’s Day" »

Sports reporters from ESPN and independent bloggers who cover celebrity Los Angeles DUI stories are demanding more information about the arrest of New York Yankees Senior VP, Mark Newman, who was pulled over last Monday for driving under the influence in Florida.

Newman, who has served the Yankees for over two decades in player development, was pulled over for DUI in Tampa and taken to Hillsborough County Jail, according to the AP. He allegedly did not take a blood alcohol test and got released after posting a $500 bail. An AP reporter left a message on Newman’s cell phone, which the executive did not return.

The Yankees have been working overtime to do damage control. The organization released this short statement 24 hours after the stop: “the team is taking the situation seriously and is looking into the matter.”

With so many incidents of athlete Los Angeles DUI in the news lately – just scroll through this blog, for instance, to see a veritable roster of A-List athletes in trouble – many bloggers and sports commentators are not satisfied with the dearth of information about Newman’s arrest. Here you have the Senior VP of Operations for the Yankees bustled for DUI, and yet the press only prints half a paragraph about the story.

Have we become so inured to stories about celebrities being busted for driving under the influence in Burbank (and elsewhere) that we no longer have the patience to track all the different instances of athlete DUI? What can be done to slow the flood of DUI arrests -- not just among athletes and celebrities but also among “common” citizens?

We believe that if people understood the law clearer, we would likely see fewer instances of DUI in Burbank (and elsewhere) and better driving in general. After all, studies show that simply attending to information can change behavior. Monitor the amount of power your home uses, for instance, and you will cut back on your energy uses subconsciously. So, if people spent more time just thinking about Southern California DUI laws, perhaps this could alter behavior in a positive way. And that’s partly what we are trying to do here with this blog.

To that end, let’s take another look at California Vehicle Code Sections 23152(a) and 23152(b). These laws spell out precisely what it means to drive DUI in Burbank and elsewhere in Southern California. They also stipulate the punishments that convicted offenders could get – these range from jail time to fines and court costs to strict probationary terms to mandatory installation of Interlock Ignition Devices (IIDs).

23152(b) stipulates a blood alcohol concentration (BAC) at or above 0.08% as the so-called “legal limit.” If you drive with a BAC of 0.08% or higher, that means that you are driving DUI.

Responding to charge of Los Angeles DUI

Continue reading "Sports Reporters and Celebrity Los Angeles DUI Bloggers Demand More Information about Yankees Executive’s Arrest" »

A Southern California DUI arrest has the national media buzzing with its political implications. Early last Wednesday morning in Sacramento, State Senator Roy Ashburn from Bakersfield (R), was pulled over by the California Highway Patrol for driving erratically. Unidentified sources reported that the Senator had been partying at a local gay hotspot called Faces, and he had a male companion with him in his car. Ashburn has been a vociferous opponent of gay rights in California. For instance, he pushed hard for California’s Proposition 8, which passed in 2008, banning gay marriages in the state.

It is uncertain whether the 55-year-old Senator’s male companion (who was with him at the time of the arrest) was in any way linked with the Senator romantically.

Following his DUI arrest, Ashburn issued the following statement: “I am deeply sorry for my actions and offer no excuse for my poor judgment. I accept complete responsibility for my conduct and I am prepared to accept the consequences for what I did.”

Ashburn faces a primary challenge from another Republican for re-election to State Senate. According to various news reports, Ashburn has been charged with driving under the influence in Southern California as well as driving with a BAC above the state’s legal limit of 0.08%.

The News in Depth

Whether you are stopped for driving under the influence in Long Beach, Pasadena, Bakersfield, or Sacramento, two applicable laws are California Vehicle Code Sections 23152(a) and 23152(b).

The first section, 23152(a), defines what it means to be under the influence and talks about what might happen to you if you get convicted of the crime. The law stipulates that you could:

o lose your California drivers license
o be forced to pay restitution, court costs and other fees
o be jailed for a period of time
o receive points on your DMV record

California Vehicle Code Section 23152(b) stipulates that if you drive with a blood alcohol concentration of 0.08% or higher, this constitutes DUI, and you could receive the same punishments stipulated in Section 23152(a). In the case of Senator Roy Ashburn, from the news reports, it sounds like both of these Vehicle Code Sections might be applicable.

So what should you do if you have been arrested for DUI in Long Beach, Burbank, Beverly Hills, Sacramento, or elsewhere in the state?

Most defendants should connect with a credentialed, highly regarded Southern California DUI defense attorney ASAP.

Continue reading "Southern California DUI NewsFlash -- Anti-gay lawmaker busted for driving under the influence after speeding away from a gay bar in Sacramento!" »

Last Wednesday, Chargers wide receiver Vincent Jackson pled guilty to driving under the influence in Southern California in January 2009, and prosecutors set the terms of his sentencing.

The 27-year old Jackson had been arrested in January with a BAC of 0.17% (California’s legal limit is 0.08%). The January ’09 arrest was actually his second Southern California DUI. He was busted in June 2006 and convicted for that DUI -- netting him a $1,750 fine and five years of probation. This time, he did not get off so easily. In addition to a concomitant fine (of $2,408) and another five years probation, the wide receiver will have to do 15 days of community service and will likely be suspended by the National Football League for at least two games.

In light of recent comments Jackson made in the radio interview, during which he taunted his prosecutors, many analysts are saying that Jackson is getting off pretty easy. For a comparison, the City Attorney’s Office had requested the Judge to give Jackson 180 days in jail -- also known as “substantial custody.” City attorneys were also miffed because Jackson managed to pull off a string of continuances that allowed him to delay his Southern California DUI sentencing until after the NFL season. (Nevertheless, San Diego’s City Attorney did not oppose the two continuances when they were filed.)

The Jackson sentence may or may not be an aberration, depending on who you speak to. But how do the sentencing guidelines differ for first and second time Burbank DUI offenses?

Sentencing can depend on a host of factors, including the context of the DUI arrest, whether or not the defendant cooperates with prosecutors, whether anyone was injured during, and so forth.

That said, typical first time penalties for Southern California DUI include:

• 48 hours in jail with six months maximum imprisonment
• Mandatory installation of Interlock Ignition Device (IID) -- this is a new punishment that went into effect in January 2010
• Six weeks minimum DUI alcohol school (nine months maximum)
• A suspension of California driver’s license for a full year
• $1,000 fine
• Court costs (often can be significantly higher than $1,000)
• Strict terms of formal probation for misdemeanor DUI offenders

Second time DUI offenders typically can get the following penalties:

• Jail time of four to ten days (minimum); maximum six months
• Two year suspension of California drivers’ license
• 18 months minimum DUI alcohol school (30 months maximum)
• Imposed installation of IID
• Fines and court costs which can be much higher than first time DUI fines
• Probation terms which can be much stricter than terms for first time violators

For help analyzing your Burbank DUI defense, you may need to turn to an experienced attorney.

Continue reading "“Guilty” Verdict Handed Down in Southern California DUI Case for Pro Bowl Wide Receiver" »

Many DUI in Beverly Hills cases begin when an intoxicated celebrity drives way over the speed limit in a fancy car and gets nabbed by the police for his or her hubris. Well, All Star NHL Goalie Nikolai Khabibulin was arrested last week for doing just that, when he was cuffed near Scottsdale, Arizona. Here is the story:

On February 8th, the goaltender blasted his red Ferrari down a Scottsdale road at 70 miles per hour -- more than 25 miles per hour over the speed limit. Local police pulled over the 37-year-old and gave him a field sobriety test after noticing the odor of alcohol on him. Khabibulin was subsequently arrested and charged with DUI and speeding. According to the General Manager of the Oilers, “Nikolai has been fully cooperative with the authorities.”

Khabibulin, who signed a $15 million contract with the Edmonton Oilers in 2009, has been out since mid November thanks to a lower back injury. The Oilers have struggled without his finesse -- racking up the worst record in the league (19-36-6). (For comparison, Khabibulin’s record was 7-2-9 with just over three goals scored against on average for the '09-'10 hockey season.)

When police officers make DUI stops -- whether they do so in Scottsdale or Southern California -- what kinds of tests do they conduct?

Beverly Hills DUI police typically handle roadside stops ritualistically. In other words, they adhere tightly to a pre-scripted procedure:

The first kind of Southern California DUI field sobriety test usually given is the horizontal gaze nystagmus test. This is an eye exam designed to see whether the driver can track an object across a field of view. If the eye bounces around, this might indicate that the suspect is DUI.

The following test is the walk the line test. This is a balance test. A suspect must step nine paces in two directions over a line (such as a yellow dividing line). If she falls over, that might indicate she has been driving under the influence in Beverly Hills.

The next test is the one-leg stand test. This is another balance test. The driver stands on one foot for half a minute. Again, if he or she loses balance, this might indicate DUI.

The next test is the Rhomberg test, in which a driver tilts his head back and counts from 1 to 30. Again, a loss of balance might indicate DUI.
Officers can also employ coordination tests, such as the finger to the nose test.

Finally, mental coordination tests may be employed as well -- such as reverse counting tests.

Just because you fail a Beverly Hills DUI field sobriety test doesn't necessarily mean that you will be convicted. But you may need solid legal representation to help you build a good defense.

Continue reading "NHL All Star Goalie Slapped with DUI Charge: Not a Beverly Hills DUI, But Arrest Has Nevertheless Attracted Tons of Media Attention" »