DUI Chemical Test Refusal

January 16, 2013

Burbank DUI News: Will Supreme Court Allow Unwarranted Blood Test? What Effect Will SCOTUS’ Imminent Ruling Have On You?

Were you recently arrested for driving under the influence in Burbank, after being given a blood test by a police officer?

If so, some legal “goings on” at the United States Supreme Court may interest you.

Last Wednesday, the court heard arguments regarding a Missouri case. At issue: whether police should be allowed to compel DUI suspects to participate in DUI blood tests without a warrant. Prosecutors in this case had compelling arguments. Here’s how a Huffington Post article summarized the situation: “against the backdrop of a serious national problem of more than 10,000 deaths from crashes involving alcohol-impaired drivers in 2010…lawyers for Missouri and the Obama administration argued that dispensing with a warrant requirement would further the effort [to reduce the number of DUI injuries] because any delay in testing the suspect’s blood alcohol content allows alcohol to dissipate in the blood.”

A Justice Department lawyer argued that police in DUI situations might “face the certain destruction of blood alcohol evidence” eithout such tests. The SCOTUS Justices appeared skeptical of the prosecution’s case. On the one hand, they agreed that collecting blood samples should be a priority — a delayed collection could be a problem. On the other hand, they recognized that sticking someone with a needle to collect blood — without a judge’s approval! — is a highly intrusive act.

Justice Scalia, for instance, asked prosecutors “why shouldn’t that determination be made case by case?” Scalia’s point was that, if the test can be delayed, then it should be delayed until a warrant is acquired. If waiting would create a evidentiary problem, then “it’s okay.”

Tyler McNeely was arrested in rural Missouri after he failed multiple sobriety tests and appeared unsteady and presented with slurred speech – typical symptoms of Burbank DUI.

The officer had enough evidence to obtain a warrant to get a blood test — McNeely refused the breathalyzer. Instead, he took McNeely to the hospital, where a technician drew blood from him and found that his BAC was 0.154% — nearly twice the legal limit for driving under the influence in Burbank, Missouri, and elsewhere.

Both the lower court and the Supreme Court of Missouri said the blood test results should be thrown out because they violated the Constitution’s restrictions against unreasonable search and seizure. This legal fracas could redound to change how police, prosecutors, and Los Angeles DUI lawyers operate, albeit in a nuanced fashion. But if you’re facing a charge, you probably care less about obscure rulings out of Washington and more about your own situation. What should you do to manage your charges, protect your license and your rights, and avoid the harsh punishments that prosecutors may be bringing against you?

The Kraut Criminal & DUI Lawyers can help you make better decisions. Get in touch with Mr. Kraut and his team for a free, thorough and confidential consultation about your best next steps.

December 12, 2012

Nothing in the World Can Possibly Prepare You for Your Beverly Hill DUI Experience

by Michael Kraut

Whether you were pulled over for Beverly Hills DUI on the corner of Doheny and Wilshire near CVS or stopped on Beverly Drive right near where Islands used to be, you recognize that you’re in serious legal trouble. You need immediate assistance in diverse areas of your life.

Even if “all was well” in your world prior to your Beverly Hills DUI stop, your charges could wreak havoc on your life. You could lose your California driver’s license, get clobbered with massive fees and court costs, and find yourself serving a not-insubstantial amount of time behind bars. If you injured someone while driving DUI, prosecutors could ratchet up your charges pursuant to California Vehicle Code Section 23153(a) and 23153(b) — escalate your misdemeanor charges into felony counts. And we haven’t even begun to talk about the longer-term repercussions regarding your professional life, your intimate relationships, your risk for escalated penalties if you ever break the law again, and spikes in your auto insurance rates.

Unfortunately, there is no way to know how this experience will transform your life, career, and capacity to deal with challenges. However, you can take the first step towards transforming this difficult experience into one of growth, self-compassion, and learning. Consider the DUI as an obstacle to a better life as opposed to the end of the line. You survived the event. You have the mental capacity to understand these words. So you already need to consider yourself extremely lucky. Many people who drive DUI in Beverly Hills just like you did (or allegedly did) never survive to get a second chance, get rehabilitated, and make amends to people they hurt or repair the damage they caused.

Attorney Kraut of the Kraut Criminal & DUI Lawyers in Beverly Hills would be happy to talk to you about what you can do to start to construct a systematic, intelligent defense to the charges against you. Attorney Kraut is a former prosecutor with a long and detailed history of success. The Harvard Law School educated Kraut also has lots of connections as well as deep, empirically validated insights into how to solve tricky legal issues. Connect with his team today to understand your rights.

November 19, 2012

Expect More Pasadena DUI Arrests: CA Office of Traffic Safety gets $450,000 Grant for 100 DUI Task Force

by Michael Kraut

The California Office of Traffic Safety recently received a grant of $450,000 to enforce DUI laws in Pasadena and elsewhere.

The 100 DUI Task Force, as it’s known, has been charged with a litany of tasks, including conducting DUI checkpoints and saturation patrols and running programs to target repeat offenders. The Task Force is very active during holidays known to be flashpoints for DUI activity in Pasadena and elsewhere, such as New Year’s Eve, Cinco de Mayo, Saint Patrick’s Day, and Super Bowl Sunday.

On the one hand, we should applaud the work of this Task Force and be grateful that police officers are out there, putting their lives on the line, searching for ways to improve public safety and get dangerous drivers off the road.

October 22, 2012

Failed A Beverly Hills DUI Breathalyzer Test? Maybe It Wasn’t the Alcohol That Did It! (Wait Till’ You See What This Woman Drank…)

by Michael Kraut

As someone who recently failed a breathalyzer test for driving under the influence in Beverly Hills, you are probably feeling ashamed, humiliated, and terrified about the potential legal consequences.

Even if you didn’t cause any damage or hurt anyone – and thus you cannot be subjected to punishments per California Vehicle Code section 23153(a) or 23153(b) – you no doubt fear going to jail, having your license stripped, and paying potentially thousands of dollars in fines and fees (and that’s the tip of the iceberg).

On the other hand, you may be prematurely judging yourself as “guilty.”

In fact, a surprising amount of research suggests that many breathalyzer tests for Beverly Hills DUI and DUI elsewhere, can be flawed and potentially extremely misleading. A variety of factors can lead to false positives. For instance, if you are diabetic, you may wind up in a pathological metabolic state known as ketoacidosis, in which you produce compound known as ketones; these can cause a “positive” to register on a Beverly Hills DUI breath test.

A similar “skewing towards the DUI positive” can happen if you’re on a restricted carbohydrate diet. Low carb dieters often enter a metabolic state known as ketosis, during which they produce similar compounds to the compounds that diabetics produce when they are in ketoacidosis. In fact, one of the big (and misguided) criticisms of low carb diets has to do with confusion over healthy ketosis and unhealthy ketoacidosis. These are actually two very different metabolic states.

Getting back to the point… many different things can throw off a breathalyzer reading, including what you have recently eaten, how the officer calibrated the machine, how deeply you blow into the machine, and so forth.

Sometimes people do really weird things that can ALSO influence BAC readings.

Consider, for instance, a crazy story reported out of Middletown, Connecticut, where a local woman nearly crashed her car on October 5th after losing control. Local police put her through the paces of a field sobriety test and also gave her a blood alcohol test. They found that she had a BAC of 0.17% — which, as regular readers of our Beverly Hills DUI lawyer blog know, is over twice the legal limit for DUI here in Southern California, per CVC 23152(b).

What’s interesting about this woman is that she drank half a bottle of hand sanitizer before getting behind the wheel.

You read that right: half a bottle of hand sanitizer. Yikes!

According to reports, the amount of alcohol she consumed was equal to 32 shots of vodka. No wonder she had a BAC of 0.17%! One wonders whether the woman suffered from a condition known as Pica, which is a disorder characterized by a craving to eat nonfood items, such as sand, dirt, plastic, metal, and all sorts of other crazy stuff.

In any event, if you need help dealing with your Beverly Hills DUI case, get in touch with attorney Michael Kraut today to set up a free and thorough case consultation.

July 12, 2012

Just How Dangerous is it to Drive DUI in Los Angeles on the 4th of July?

by Michael Kraut

Independence Day has come and gone – and whether you or someone you love got arrested for DUI in Los Angeles over the holiday or after all the celebrations died down – you may find it useful to understand your situation in a broader context, so you can put forward the most effective and appropriate defense.

To that end, did you know that 4th of July is single most deadly holiday of the year with respect to driving under the influence? July 4th “beats out” New Year’s Day, Memorial Day, Christmas, Thanksgiving, Labor Day, President’s Day, you name it, according to 25 years of statistics parsed by the wonks at the National Highway Traffic Safety Administration (NHTSA). More than half of fatal July 4th crashes, on average, are related to alcohol.

The latest NHTSA statistics, which date back to 2010, found that during the three-day 4th of July weekend that year, 491 people died in auto accidents – 42% of fatalities were suspected DUI related. Meanwhile, during a four-day New Year’s period that same year, only 423 people died – a similar percentage, 41%, were suspected DUI related.

NHTSA statistics show that nights and weekends are the most dangerous times to drive. Researchers suspect that the reason why more 4th of July fatalities happen is that people know that New Year’s is a dangerous time to drive, so they know to stay off the roads; whereas the 4th of July is kind of a hidden danger – not many people realize that it’s a bad time to be on the roads.

All these statistics aside, you and your family need accurate and strategic guidance designing your Los Angeles DUI defense (Local: (323) 464-6453 Toll Free: (888) 334-6344). Connect immediately with the Kraut Criminal & DUI Lawyers for a confidential and thorough case evaluation. Attorney Kraut is very well-known and highly respected Los Angeles criminal defense attorney who spends a lot of time on DUI cases, and he can help you make better decisions and maximize your chances for getting good results.

April 4, 2012

Busted for DUI in UCLA or USC? The Consequences May Not Be Pretty…

by Michael Kraut

Getting arrested for DUI in UCLA or USC – or any other local Log Angeles school – can be an exquisitely unpleasant experience, whether you are a student or not. As any Los Angeles DUI attorney will tell you, if you’re convicted for a standard misdemeanor DUI — a violation of California Vehicle Code Section 23152(a), for instance — your possible penalties could pack a wallop: mandatory jail time, mandatory alcohol school, mandatory installation of an IID device in your car, strict probation, one year driver’s license suspension, heaping fees and court costs, long-term spikes on your insurance rates, and a big fat logistical headache. And that’s if you are an adult who didn’t hurt anyone while driving DUI and you had no prior criminal record!

If you’re underage and you get convicted for DUI near UCLA as well as possession of a fraudulent ID, your legal crisis can be escalated. And if you caused property damage or injuries (even minor ones) to other drivers, passengers, or pedestrians… let’s just say the punishments could be life-changing. An injury DUI in Los Angeles, for instance, might be charged per California Vehicle Code Section 23153 instead of CVC 23152. That may not be seen like a big switch. But the change empowers prosecutors to charge what would normally be a misdemeanor DUI as a felony. This means that, if you are convicted, you could face more than a year behind bars – and that’s for starters.

A UCLA DUI can also, unsurprisingly, cause you horrific academic fallout. If you’re on an athletic team, you could be kicked off the squad. You could also get into serious trouble with the school itself, depending on the nature of your crime. And even if you manage to sort everything out correctly, it wasn’t like you had “nothing to do” before the DUI. You could face time and money consuming headaches for weeks or months or even years to come. For instance, UCLA is pretty “get aroundable” for pedestrians. But what if you have a job or internship off campus? You used to drive to the job, but now what will you do? Will you take the bus? What if the bus doesn’t go to where you want to go? These questions and hundreds more like them can plague you and cause you uncertainty, stress, and anxiety.

Fortunately, the team here at the Kraut Criminal & DUI Lawyers (6255 Sunset Boulevard, Suite 1520, Los Angeles, California 90028) can help you understand what you are up against and deal resourcefully and strategically with the charges. Attorney Michael Kraut is a Harvard Law School educated former prosecutor (he spent 14 plus years as one of the city’s top district attorneys). He has been a featured Los Angeles DUI expert for KTLA News, the New York Times, and the Los Angeles Times.

March 21, 2012

Beverly Hills DUI Education: Should Our Educators Take a Hint From Folks Up In Sacramento?

by Michael Kraut

Getting caught for driving under the influence (DUI) in Beverly Hills can be a big, big deal, not only because it can lead to life-changing legal repercussions, like prison time and loss of your driver’s license, but also to massive spikes in your insurance rates that can persist for years and cost you thousands of dollars. And that’s if you are convicted of a standard misdemeanor as opposed to a more severe charge, like a felony. But how can we, as a community, figure out why people tend to drive under the influence and what we might be able to do to collectively to change the behaviors and minimize the risks involved.

It’s easy to take a casual glance at the problem and begin moralizing. It’s easy to fall into an “us versus them” mentality:

• “That DUI driver is a careless or negligent individual.”
• “What really needs to happen is we need to punish people more”
• “The person who drove DUI was (insert label or judgment here: lazy, uncaring, selfish, etc)”

As any Los Angeles DUI attorney will tell you, the pool of defendants is far more diverse than many people realize. It’s not just “irresponsible teenagers” or “club-hopping twenty-somethings” that get nabbed for this crime.

Rather than focus just on punishing, dissuading, or stopping individuals from driving under the influence, it might be useful to address some of the underlying social causes.

To change the mentality, we may need different and more sophisticated educational tools. In Sacramento, students at Kennedy High School recently witnessed the real life sentencing of a DUI offender. The defendant, 25-year old Kristyna Robinson, got caught driving with a BAC level of 0.13%. The legal limit for DUI in Beverly Hills is 0.08%, as defined by California Vehicle Code Section 20152 (b). After drinking four beers and some whisky, she got pulled over and spent hours in jail. Her sentence included two more days in jail, informal probation, and fines totaling $2,300. The students witnessed her being led off in handcuffs with her head lowered. A sobering and emotionally-charged portrait of the potential consequences of DUI in Beverly Hills.

If we can make DUI more unacceptable to groups (as opposed to targeting individuals only), we might be able to find new points of leverage that will aid us in keeping our city and our streets safer… and in treating offenders with more compassion and respect.

If you or someone else needs the services of a Beverly Hills DUI criminal defense attorney, consider connecting today with the Kraut Criminal & DUI Lawyers (9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935). As a graduate of Harvard Law School and a former senior deputy district attorney for Los Angeles, Mr. Kraut has a wealth of experience, a terrific record at jury trials, and the resources and investigative tools to get you results.

March 14, 2012

Pasadena DUI Breathalyzer News: Hundreds of San Francisco DUIs Could Be Tossed Due to Breathalyzer Test Issues

by Michael Kraut

If you’ve recently been arrested and convicted of a Pasadena DUI due to a breathalyzer test, some breaking news should be of profound interest for you. This knowledge could be crucial, if you want to understand what defenses might be available to protect you from penalties like jail, alcohol school, driver’s license suspension, and the rest of the works.

San Francisco police are investigating up to 1,000 local DUI convictions due to problems revealed with 20 local breathalyzer machines. For about a decade, these machines were poorly calibrated and maintained. Police did not test these machines effectively. According to a local public defender, the breath tests needed to be inspected every 10 days, “and that wasn’t happening.”

As a Los Angeles DUI attorney will tell you, breath tests work by measuring the alcohol exhaled from the lungs. Even under the best of conditions, breath tests can be problematic. Different people process alcohol differently. A heavy set man on a diabetes medication might absorb alcohol vastly differently than might a healthy slim 20 something year old woman. The amount of air you exhale into your Pasadena DUI breathalyzer test can radically affect your reading, too. This is the reason why police tell you to take a “deep breath” before you blow into one. We could (and in previous blog posts, have) go on and on and on about all the different possible problems with breath tests. And that’s IF the tests function perfectly.

So what’s happening in San Francisco? How might it impact you?

First off, the 20 bad breath test machines have been taken off out of operation. The consequences of the police negligence could linger, however. In some cases, massive damage may have already been done. As Trent Copeland, a legal analyst for CBS News, put it “when [a breathalyzer] fails, when the computer-generated technology simply isn’t maintained properly, then suddenly the whole system is thrown into chaos and we can’t rely on anything in terms of the results.”

An amazing situation, isn’t it? But here is what’s even MORE amazing…
According to another legal analyst for CBS News, Jack Ford, the San Francisco case may inspire other police departments across the United States – including here in Southern California – to reassess how their breath systems work (or do not work). That’s crucial. If it turns out that your Pasadena DUI breathalyzer was flawed, you might have extra leverage to defend yourself.

Of course, your choice of Los Angeles DUI lawyer can make a huge impact — either positive or negative — for your case. An inexperienced attorney – or someone who doesn’t really understand the diversity and magnitude of potential breathalyzer test flaws – may not be able to develop the most strategic case for you.

Fortunately, you can turn to the Kraut Criminal & DUI Lawyers (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899 ) for guidance. Attorney Michael Kraut is a Harvard Law School educated Pasadena DUI criminal lawyer who served as a prosecutor before becoming a criminal defense attorney. As such, he understands what prosecutors look for, and he knows how to poke holes in the cases that they build against defendants.

March 12, 2012

Interlock Ignition Device after Los Angeles DUI? Insurance Institute for Highway Safety Jumps into the Fray

by Michael Kraut

Should someone who has been convicted of a Los Angeles DUI be forced to install an interlock ignition device on his (or her) vehicle?

This seems like a straightforward question. But the debate over the effectiveness and ethics of IIDs is roiling the blogosphere. Last week, the Insurance Institute for Highway Safety (IIHS), a national group dedicated to improving road safety, weighed in on the matter. Based on studies that suggest that interlock devices can reduce crimes like Los Angeles DUI by up to 12%, the IIHS now recommends that ALL DUI offenders be compelled to install these devices. As the Vice President of Research for the IIHS put it “we found that the higher the rate of interlock installations, the lower recidivism would be.”

That interlock devices can prevent recidivism is pretty well established. But, as an advocate for the American Beverage Institute recently put it, “as soon as you take [the IID] off, recidivism goes back up.” Unsurprisingly, Mothers Against Drunk Driving (MADD) supported the IIHS position. The American Probation and Parole Association, on the other hand, argued that mandating IIDs for all offenders is not necessary and could cost nearly $500 million to states to supervise people. In many cases, a DUI offender only suffers the IID consequence if he or she tests at a very high BAC level (0.015% or above) or demonstrates recidivism – that is, gets convicted more than once for DUI within a decade.

Thanks to a 2010 law, even misdemeanor first time Los Angeles DUI offenders can be burdened with the IID requirement. As anyone who ever dealt with one of these devices can tell you, keeping an IID in your car can be unpleasant, embarrassing, inconvenient, and a constant reminder of your past failings.

Can a Los Angeles DUI defense attorney build you a strategic case to help you escape punishments like a mandatory IID (as well as even more scary penalties like jail time and huge fines and fees and probation)? The answer obviously depends on the details of your case.

An effective response can be the difference between jail time/harsh penalties and a more favorable plea bargain or even a dismissal of the charges. Even if you did make a mistake (perhaps a significant mistake) on the night of your DUI arrest, you don’t have to KEEP making mistakes that jeopardize your rights, your freedom, and your capacity to rebuild your life.

Connect with a Los Angeles DUI lawyer at the Kraut Criminal & DUI Lawyers (6255 Sunset Boulevard, Suite 1520, Los Angeles, California 90028) right now to discover the best strategy for your situation. Attorney Michael Kraut is a Harvard Law School educated former district attorney (prosecutor) who has terrific relationships in the legal community and a long and diverse track record of success – even in tough cases.

November 21, 2011

Long Beach DUI Enforcement Gets a Boost with $300,000 Traffic Safety Grant

by Michael Kraut

Last Tuesday, Long Beach DUI checkpoints, patrols, and enforcement got a financial shot in the arm, when the LBPD received a California Office of Traffic Safety grant of $300,000, courtesy of the National Highway Traffic Safety Administration.

According to a special report in the Long Beach Press Telegram, these funds will be used to sponsor “motorcycle safety patrols, DUI and drivers license checkpoints, DUI saturation patrols, red light enforcement and speed enforcement.”

The grant will fuel additional Long Beach DUI checkpoints in a bid to deter DUI drivers from getting behind the wheel and violating California Vehicle Code Section 23152(a) or 23152(b).

According to NHTSA figures, Long Beach DUI checkpoints (and checkpoints throughout the country) “have provided the most effective documented results of any of the DUI enforcement strategies, while yielding considerable cost savings of $6 for every $1 spent.

The Long Beach DUI enforcement grant will pay 10 officers to identify drivers who are DUI or drug DUI in Long Beach. On top of that, the grant will fund four additional motorcycle safety enforcement operations.

On the one hand, these increased patrols and special enforcement operations could help keep Southern California residents safer and, ideally, deter people from even thinking about committing a crime like Long Beach DUI. All that said, the law of unintended consequences can rear its head in the strangest of places and times.

While the saturation patrols could protect the public, they could also sweep innocent drivers into the dragnet and create hassles for those innocents and their families.

Challenges abound for those who want to ensure fairness in Long Beach DUI cases. If you or someone you care about has recently been stopped for driving under the influence in Long Beach, a Long Beach criminal defense attorney with the Kraut Criminal & DUI Lawyers can help you understand your rights, resources, and responsibilities and make judicious and strategic decisions in a going forward.

Depending on the circumstance of what happened, you may be able to escape harsh punishments, such as jail time, license suspension, mandatory alcohol school, strict probation, annoying court costs and fees, and long-term indirect consequences, like trouble getting work and high insurance rates. Connect with Harvard Law School educated, former prosecutor Attorney Kraut now to understand your best Long Beach DUI defense options.