Los Angeles DUI Attorney Blog

March 19, 2018

A Brief History of DUI and What We Can Learn

For as long as mankind has been using vehicles to get around, some people have been unfortunately operating those vehicles while under the influence of some substance—mostly alcohol. At first, no laws were on the books to address the issue, but, as the roads became more crowded, public pressure eventually prompted lawmakers to set standards as to what constitutes driving under the influence (DUI)—also known as driving while intoxicated (DWI)—and what the penalties would be for violating those rules.

If you’ve ever been arrested for DUI—especially if you believe you tested “false positive”—you might feel like the laws and standards of intoxication are too strict. Looking into the past often helps give us perspective as to where we are now and where we’re headed. So let’s look back at a few milestones in the history of DUI, and see what we can learn.

First Known DUI Arrest: 1897

March 3, 2018

What Happens When My DUI Results in Someone’s Death?

by Michael Kraut

It’s the scenario we all hope never happens—and one that in truth should never happen. Someone has a lapse in judgment, gets behind the wheel while under the influence of alcohol or another substance, gets into an accident—and another person dies as a result. Aside from the overwhelming sense of loss and guilt of knowing his actions have caused this death, now that person may be facing more serious criminal charges on top of the DUI.

In a perfect world, you should never find yourself in this situation, but if you are charged in California with a DUI incident involving a fatality, what can you expect? What, exactly, are you facing?

Three Possible Charges

February 19, 2018

8 Ways to Make your DUI Arrest Vastly More Complicated and Painful than Necessary

by Michael Kraut

You’re driving along a California highway, minding your own business, when you get pulled over by a police officer on suspicion of DUI. It can happen to anyone, even drivers who have had nothing to drink—but how you respond in this situation can make things far more difficult for you or, in some cases, much easier. To give you a better chance at the latter, we’ve compiled a list of “don’ts”—eight things you should only do if you are a glutton for punishment or hell-bent on making your DUI arrest more difficult than it needs to be.

1. Don’t be rude to the police.

In this situation, the ancient proverb applies: “A soft answer turns away wrath.”

February 10, 2018

Lessons Real People Learned from Their DUIs

by Michael Kraut

There’s a lesson to be learned from every experience, good or bad—even being arrested for DUI. However, we can save ourselves a lot of pain by learning, whenever possible, from others’ negative experiences. No one can better explain what happens with a DUI arrest than someone who has gone through it, so let’s take a look at a few stories of real people and their experiences with DUI, and what they learned in the process.

***

“If I’m going to drink at all, just don’t plan on driving. Or don’t drink.”

January 15, 2018

Celebrity DUIs and Other Misdeeds: Why Are We Obsessed with Them?

by Michael Kraut

Justin Bieber. Lindsey Lohan. Paris Hilton. Kevin Hart. Chris Pine. Reese Witherspoon. Bella Hadid. This list represents a mere handful of known names who have been charged with DUI in Los Angeles (and elsewhere) over the past 10 years, with many others right alongside. It seems so commonplace that, as HuffPost reports, during an appearance on, Jason Priestly joked with Chelsea Handler on her show Chelsea Lately about his own DUI. “What self-respecting Los Angeleno doesn’t have a DUI under their belt?” he said. The joke was accompanied by high-fives with Handler, who, not surprisingly, also has a DUI on her record.

Aside from the controversy of famous people downplaying the seriousness of impaired driving, salacious reports of celebrity wrongdoing have been the guilty pleasure of millions of people for as long as anyone can remember. These impulses of ours are what keep websites like TMZ and The National Enquirer in business.

The question is: Why?

January 5, 2018

3 Great Driving Habits to Adopt in 2018 (Especially If You Just Got a DUI)

by Michael Kraut

As the New Year gets underway, millions of people are trying to keep those resolutions they made over the holidays. Some of the most common resolutions are health related (e.g., get in shape, quit smoking, lose weight, eat healthy). However, let me propose an alternative resolution if you haven’t picked one yet: What about learning better driving habits (especially if police recently stopped you for a Los Angeles DUI)? Becoming a safer driver could be the healthiest choice of all—because it affects not just you, but everyone around you. Here in California where good driving habits seem scarce, why not become the exception to the rule? Let’s take a look at three smart driving habits you should consider adopting this year.

1. Know When Not to Drive

Ironically, one of the most important decisions you can make as a driver is the decision to let someone else get behind the wheel. If you’ve ever been arrested for DUI, this issue should be top-of-mind. However, avoiding DUI begins long before you find yourself in a bad situation. It starts with a quality decision not to drive if you indulge in alcohol or drugs, and moves forward from there.

December 26, 2017

Everything You Need to Know About Holiday DUIs

by Michael Kraut

For many of us, the holiday season is intended to be a time for celebrating with family and friends, a time of joy and merriment. However, few things can put a bigger damper on the celebrations quicker than a DUI arrest—and DUI incidents spike considerably over the holidays, compared to the rest of the year.

Here in Southern California, the Los Angeles Police Department has already announced an increased number of sobriety checkpoints throughout L.A., from December 15 through January 1, as part of their “Drive Sober or Get Pulled Over” campaign. Officer Inman of the Traffic Coordination Section explained:

“This holiday season, drivers will notice increased enforcement watching closely for anyone who is driving impaired.… With extra travelers on the roads and people celebrating, we will likely see an uptick in impaired driving. The LAPD will be arresting anyone caught driving impaired.”

December 11, 2017

How Different Prescription Drugs Can Screw Up the Way We Drive

by Michael Kraut

Under California law, “driving under the influence” (DUI) doesn’t just apply to alcohol. It also encompasses the use of any drug that may impair your ability to operate a vehicle. That includes illegal drugs, prescription drugs or over-the-counter medications. In other words, if an officer pulls you over and suspects you are impaired due to the use of drugs—even those you’re legally allowed to take—he can still arrest you under suspicion of DUI.

Most of us understand the dangers of combining alcohol with driving, but statistically, far fewer people understand or recognize prescription drugs’ effects on our ability to drive. Let’s look at a few startling numbers, courtesy of AAA:

• Nearly 50 percent of Americans say they have taken prescription drugs within the past 30 days. Thirty-one percent take at least two prescriptions.

November 20, 2017

Crazy DUI Stories Involving Non-Standard Vehicles

by Michael Kraut

Fact: You don’t have to be driving a car, truck or motorcycle to be charged with DUI. In fact, people across the world have faced DUI charges for driving all sorts of non-standard vehicles, from boats to riding mowers to…well, let’s not spoil it here. Just take a look at the following crazy DUI stories we scoured from the web recently.

Incident on a Bridge: Motorized Wheelchair

According to Florida law, drivers under the influence can be charged for operating any type of motorized vehicle—including, as one man discovered, a motorized wheelchair.

November 9, 2017

Will Self-Driving Cars Really Spell the End of DUIs?

by Michael Kraut

Few people these days would dispute the idea that fully autonomous vehicles are in our future, probably sooner than we think. Many of our cars are already parking for us, many are equipped to brake automatically to avoid collisions, and many self-driving prototypes are already in development. But what will these advancements do to our current DUI laws? Will our cars truly be so autonomous that intoxicated drivers will be able to use them as taxis? Will DUI laws become obsolete?

Not so fast.

At the annual meeting of the Governors Highway Safety Association, which took place in Louisville, KY in September, autonomous vehicles dominated the conversation, particularly in the context of open container laws. “Autonomous vehicles can be a designated driver,” said Russ Martin, director of government relations for the GHSA in comments after the meeting. “But at a certain point the law is going to have to draw a line somewhere as when it’s safe to do so…Right now, in most states it’s illegal to have an open container of alcohol while you’re driving…What about open container laws? Do they need to be modified or qualified, depending on the level of automation?”