Los Angeles DUI Attorney Blog

June 4, 2014

How Many Drinks Can You Have Before You’re Above the Los Angeles DUI Limit?

It’s a common question with a surprisingly subtle answer: How many alcoholic drinks can you consume before you’re over the Los Angeles DUI limit of 0.08% BAC – the cutoff point for misdemeanor DUI, as defined by the California Vehicle Code?

As you might remember from driver’s ed, you can roughly calculate the answer based on your gender and body weight. Key variables involved include your weight, the number of drinks you consume, and the time that elapses between drinking.

The following assumptions are usually correct:

•   The heavier you are, the more you’ll need to drink to become intoxicated;
•   The more drinks you consume, the more intoxicated you’ll be;
•   The more time that elapses after you start drinking, the less intoxicated you’ll be, since your liver will have more time to process the alcohol and clear it from your system.

As a general gauge, this system does a pretty good job. But these estimates are really just ballpark figures. You can follow the system to the letter and STILL wind up with a high blood alcohol concentration and a DUI on your record.

In some ways, this system is similar to the one that your doctor might use that shows the relationship between your BMI (body mass index) and health. In general, you want to avoid being obese – just like you want to avoid consuming massive amounts of alcohol and spiking your blood alcohol level above 0.30%.

But there is a lot of room in the middle. For instance, studies have shown that people who are moderately overweight may actually live longer than overly thin people. Likewise, a bodybuilder who has very low body fat and a lot of muscle may have the same BMI as someone who is very unmuscular but who has a lot of visceral adipose tissue (not a good thing). So just looking at BMI alone doesn’t give you enough good information. Likewise, just looking at the amount of alcohol you consume and the amount of time in between drinks may not give you enough good information. Other meaningful factors could include:

•   Whether you’re a man or woman (men and women process alcohol at different rates);
•   Your general alcohol metabolism;
•   Whether you’ve consumed other substances, such as prescription drugs or marijuana;
•   Whether you’re familiar with the vehicle that you’re driving and the roads that you’re driving on;
•   Whether you’ve consumed food or not;
•   Whether you’re sick or not;
•   Whether you’re fatigued, stressed, angry – or well-rested, calm, and in good spirits.

The moral is that trying to calibrate an ideal formula for everyone to prevent DUI driving is a bit silly and naïve; it ignores all the complexities of human biochemistry and the complex dynamics of safe driving.

For help dealing with your Los Angeles DUI arrest, look to the Harvard Law School educated Attorney Michael Kraut and his team at the Kraut Law Group Criminal & DUI Lawyers, Inc.. Mr. Kraut is an ex-prosecutor with tremendous experience – in his capacity as Deputy District Attorney for Los Angeles, he racked up a very impressive 99-plus percent success rate at jury trials.

June 2, 2014

Confused Woman Says “I’m So Sorry” After Getting Arrested Three Times for DUI… in One Week

by Michael Kraut

Forty-year-old Kimberly Micheloni had a very bad week earlier this month.

On May 13th, police pulled her over for driving under the influence with her 14-year-old daughter in the vehicle. In addition to being slapped with a DUI charge, Micheloni also faces a child abuse charge in connection with that stop.

Court records show that police arrested her again for DUI the very next day. And on May 20th, police caught her yet again for driving under the influence and proceed to hold her on a $225,000 bond. According to reports, Micheloni recently had to leave her job as an office manager for the Internal Revenue Service because of an illness.

She confided about her DUI arrests to a local TV news station, saying “I’m so sorry” for causing pain and potentially putting people’s lives in danger. She told reporters that her doctor had prescribed her a medication, which apparently made her unable to drive safely.

Normally, prescription medications like Vicodin come with warning labels urging patients to avoid driving. In Los Angeles, you can get arrested and charged per California Vehicle Code Section 23152 for a drug DUI. There are no breath tests for drug DUI; instead, police typically ask for a urine sample to test your blood for chemical residue of drugs. Depending on the circumstances, you may be able to challenge the results of this urine test.

For instance, you can argue that:

•   The police didn’t follow proper procedure;
•   The test was poorly done or badly calibrated;
•   The test failed to show that you hit the DUI threshold;
•   Perhaps there was an error in your prescription. Maybe the pharmacist accidently gave you double the amount of medication that you should have been taking;
•   Maybe there was some weird interaction between your medication another med.

For help getting to the bottom of your Los Angeles DUI drug defense, call experienced former prosecutor Michael Kraut of the Kraut Law Group Criminal & DUI Lawyers, Inc.. In addition to being a Harvard Law School educated attorney, Mr. Kraut retains excellent relationships with many people in the Los Angeles defense community, including judges, prosecutors, police officers, etc.
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May 30, 2014

Police Out in Full Force to Crack Down on Los Angeles DUIs Over Memorial Day Weekend

by Michael Kraut

Certain holidays seem to “breed” Los Angeles DUI driving behavior.

These include the big summer weekends – Memorial Day and Labor Day – as well as Thanksgiving, Halloween, Super Bowl Sunday, Cinco De Mayo and the 4th of July. Whether police busted you over Memorial Day weekend at a checkpoint or arrested you after a scary crash, you may have only been dimly aware of the vast scope of law enforcement’s push to contain DUI driving over the holiday.

A recent LA Weekly article explained the byzantine systems used to flag and contain DUI driving. For instance, on the 23rd, the LAPD set up DUI checkpoints at:

• Florence Avenue and Main Street in South L.A.;
• Highland and DeLongpre in Hollywood;
• Osborne and Laurel Canyon Boulevard in Pacoima;
• Ventura Boulevard and Big Oak Drive in Sherman Oaks;
• Undefined locations in Santa Clarita;
• Undefined locations in the Picos Rivera Area.

In addition, the Avoid the 100 DUI Task Force set up saturation patrols and checkpoints elsewhere in San Gabriel, Pamona, Arcadia, El Segundo, Pasadena, East LA, South LA, Lancaster, Hawthorne, Huntington Beach, Inglewood, Torrance, Vernon, Signal Hill, Palmdale, Azusa, Whittier, and beyond.

The “100” refers to the number of law enforcement agencies in Los Angeles County devoted to stopping DUIs in the Southland.

Remember: all that fuss and bother was just for Friday night!

On Saturday, Sunday and Monday, Avoid the 100 set up several dozen operations, some of which were publicized some of which weren’t. For instance, the Sheriff’s Department said that operations were set up in Manhattan Beach, Whittier, Antelope Valley, Baldwin Park, West Valley, Downey, San Gabriel, Alhambra, El Camino College, Azusa, Long Beach, Redondo Beach, Montebello, and beyond.

With so much law enforcement “buzz” going on over the Memorial Day weekend, it’s worthwhile to wonder what can be done to improve the system, so that police do not have to pull a code red every time a major holiday comes around.

Can citizens be taught to use designated drivers and/or to patrol themselves during the holidays? Can some of this process be automated or simplified? Maybe law enforcement officials have ideas. Maybe former DUI defendants have ideas. But right now, this process seems to consume so many resources and lead to so many arrests. It all seems profoundly wasteful.

Of course, if you wound up in the dragnet somehow, you are probably less concerned about fixing the system than you are with protecting your own rights and freedoms. To that end, call former Senior Deputy District Attorney Michael Kraut of the Kraut Law Group Criminal & DUI Lawyers, Inc. for insight and a free consultation about your case. Mr. Kraut is a renowned, respected Los Angeles DUI defense lawyer.
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May 28, 2014

Sad, Ironic Southern California DUI Fatality: Driver with History of DUI Killed by DUI Driver

by Michael Kraut

Thirty eight-year-old Haitham Gamal died on April 29th in a Southern California DUI accident, according to the Orange County register. Gamal had literally just pled guilty to a 2013 DUI charge at the Orange County Superior Court the previous day. He was “on the road to recovery,” according to his attorney. “He was doing the right, and somebody hit him that had been drinking.”

Authorities say that a 19-year-old man in an Acura hit Gamal and flipped him over. Both the 19-year-old driver and his 18-year-old passenger went to the hospital with injuries.

Gamal had been sentenced to 45 days behind bars as well as 5 years of probation the day before he was killed. The court allowed him to wait at home for a few months before he served his time. Gamal pled guilty to three DUIs – one in 2005, one in 2009 and one in 2013. He also pled guilty to a 2012 charge of misdemeanor public intoxication.

Sadly, he leaves behind young children and a wife. The tragic irony that a DUI driver took his life has not been lost on the popular press. But what you can learn from this awful news, if you or someone you love was recently arrested for driving under the influence in Los Angeles?

First off, appreciate that recovering from a DUI charge is no small task; it’s neither simple, nor easy to get effective help with things like addiction to fix core problems in your life caused or perpetuated by the DUI.

However, just because simple/easy solutions do not exist does not mean that you can’t move past what has happened to you, understand your habits and behaviors, and turn over a new leaf.

To make effective progress, find a Los Angeles DUI defense attorney who has the skill, track record, connections and resources to represent you adequately. Attorney Michael Kraut of the Kraut Law Group Criminal & DUI Lawyers, Inc. is a regular DUI commentator for Good Morning America, The New York Times, Los Angeles Times and KTLA. He is a Harvard Law School educated former prosecutor who maintains great relationships with his former colleagues. Continue reading

May 26, 2014

James R. Fischer’s 12th DUI Sparks National Conversation about What to Do with DUI Recidivists

by Michael Kraut

For years, our Los Angeles DUI defense blog has reported on strange cases of DUI recidivists. These people — for one reason or another — keep getting arrested for DUI, despite harsh punishments, license suspensions, increasingly heavy fines, and so forth.

To wit, consider the outlandish case of a Delaware man, James R. Fischer, who was arrested back in March for his 12th DUI since 1991. The 55-year-old had gone to jail in 2009 on a DUI charge and had gotten out about a year ago. How could this man have been allowed to get 12 DUIs? How has the system broken down? And what can be done about it?

Department of Homeland Safety & Homeland Security statistical analyses report that around 37% of the 5,400 or so people busted for DUI in Delaware in 2012 were recidivists. Similar statistics hold for California and other states. Cases like Fischer’s have confounded lawmakers, police officers and others in the DUI community. What should be done?

DE Democratic State Representative, Helene Keeley, voiced her consternation and confusion: “do we say, lock them up and throw away the key? Maybe we do… but honestly right now I don’t know the answer to that question.” For now, Fischer is being held on cash bail of nearly $20,000 at Sussex Correctional Institution.

DUI recidivism may be high in Delaware, but national figures compiled by the National Highway Traffic & Safety Administration (NHTSA) in March found that DUI recidivism has actually plummeted from a level of 31% in 1995 to 25% today. Who knows what’s caused that? Maybe we’re just seeing statistical noise. Maybe DUI recidivism education is working better.

When analyzing solutions to the recidivism problem, we need to take into account a critical idea called the Pareto Principle or “80-20 rule.” This concept — developed by a 19th Century Italian economist — hypothesizes that, in certain systems, natural imbalances form. 20% of DUI drivers, for instance, will be responsible for 80% of DUI arrests. Likewise, 80% of the wealth in any country or state will be owned by 20% of the people. 20% of people who get divorced will account for 80% of divorces, and so forth.

These super recidivists may need to be treated like an entirely separate cohort. The law does distinguish between people who are serial recidivists and people who are not. But it certainly does not take a fine-grained approach to the problem. The law generally just punishes recidivists harder and longer.

But perhaps an entirely different treatment/prevention approach is necessary for these people. After all, the goal is not necessarily to punish people but rather to make the roads safer. If current punishment/rehabilitation strategies aren’t working for some drivers, it’s worth our collective while to contemplate why and to come up with better policy/legal solutions.

This debate notwithstanding, you probably have very specific questions about your Los Angeles DUI defense options. Call Michael Kraut of the Kraut Law Group Criminal & DUI Lawyers, Inc. right now to set up a consultation with a former Harvard Law School educated former city prosecutor about various strategic options.

May 23, 2014

Los Angeles Celebrity DUI Reflection: Chelsea Handler and Jason Priestley Reminisce About Their DUIs

by Michael Kraut

What lessons do celebrities learn after getting arrested for DUI in Los Angeles?

TV personality Chelsea Handler and actor Jason Priestley (of Beverly Hills 90210 fame) discussed their respective DUI arrests recently on Handler’s talk show, Chelsea Lately. Priestley got arrested in 1999, as a young actor. Handler also got arrested for DUI young — at the tender age of just 21.

So what did they learn from their experiences? Here’s a transcript of their exchange:

Priestley: “what self-respecting Los Angeleno doesn’t have a DUI under their belt? I mean, come on.”

Handler and Priestley then high-fived.

Handler: “The important thing is not to get two.”

Priestley: “You get one. Lesson learned.”

Priestley recounted his experience of meeting a bunch of Russian men in jail, after being arrested. First, they seemed stunned to see the actor — who was quite famous at the time, since Beverly Hills 90210 was a hit show. Then one rough man came up and “grabbed me and hugged me… he picked me and he carried over me over to the table and he put me down, and I just sat down and started playing cards with these guys. I played cards with them for five days. I had no idea what the game was … I got out of there in one piece … that’s all I care about.”

DUIs are certainly no laughing matter, and it’s perhaps a bit disrespectful to chortle about them and high-five about DUI defenses on national TV. But both celebrities have remained out of harm’s way and avoided driving DUI since their arrests — and that’s also important. According to the stereotype, DUI defendants are grizzled and incorrigible. They are doomed to commit other offenses and hurt people on the road.

But most people who get arrested for minor offenses manage to get themselves together, rehabilitate their image, deal with their prison sentence, etc. Even if you caused minor injury to someone — and now face charges per the felony DUI code, 23153, instead of 23152 — with the appropriate strategy, you can rebuild your life and leave your DUI behind you.

The first step is to connect with an experienced, effective Los Angeles DUI defense attorney. To that end, call the Kraut Law Group Criminal & DUI Lawyers, Inc. right now to speak with attorney Michael Kraut about your defense possibilities, so that you can make smarter decisions and get results.

May 21, 2014

When an Officer Asks for Your License After a Los Angeles DUI Stop, Don’t Give Him a Receipt for Vodka [Like This Woman Did]

by Michael Kraut

Quick quiz: let’s say an officer stops you on suspicion of driving under the influence in Los Angeles and asks to see your license and registration. Should you:

A) Give him or her your license and registration?

B) Give him or her a receipt for a bottle of vodka that you just bought?

If you answered A, you are correct.

If you answered B, you might want to reexamine your beliefs, in light of what happened to 60-year-old Brenda Drinkwater (her real name), of Revere, Massachusetts.

According to reports, officers said that Drinkwater had been driving the wrong way on Summer Street late Monday afternoon, forcing other cars off the road. Police Chief, Fredrick Ryan, pulled her over and asked to see her license and registration… which is when she handed him a receipt for a bottle of vodka she had just purchased.

Per news reports: “[Ryan] then saw an open bottle of vodka in her passenger seat and could clearly smell the odor of liquor on her breath.” He put her through the paces of field sobriety tests, which she allegedly failed, and arrested her for driving under the influence – her 7th lifetime DUI.

Drinkwater also faces charges of not keeping to the right, drinking alcohol from an open container, and negligently operating her vehicle with endangerment. She was held without bail until a hearing on Friday.

It’s easy for the general public to laugh or scoff at someone for getting 7 DUI arrests. And no one — not even the most staunch DUI defense advocate — wants to see driver who have been convicted six or seven times for DUI driving wildly all over the roads. There needs to be a balance.

That said, most people want the punitive solution for recidivists. They labor under the impression that these people “can’t help themselves” and “are hardened criminals” who “don’t care about themselves or the society.” These judgments are hurtful, and they don’t necessarily stop the problem. Obviously, we need to keep the roads safe and prevent DUI drivers from hurting people and themselves. But we also owe it to ourselves to find more compassionate, inventive and successful ways of keeping the streets safe.

For help developing a smart, effective defense to your charges – and to rebuild your life following your arrest – contact a Los Angeles DUI defense lawyer with the Kraut Law Group Criminal & DUI Lawyers, Inc. right now. Schedule a free consultation with Harvard Law School educated attorney Kraut.
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May 19, 2014

Guidance Counselor Busted for DUI

by Michael Kraut

Most Los Angeles DUI stories that get serious play in the media are often tinged with irony somehow.

For instance, as we covered several months ago, authorities recently stopped one unfortunate young man and busted him for DUI while he wore a t-shirt proclaiming that he was “Drunk As Sh*t.”

People who make their living promoting sobriety or safe driving – e.g. Los Angeles DUI attorneys, lawmakers and police officers — tend to be held to higher standards of behavior behind the wheel. When these folks falter (and sometimes they do), the irony of their arrests motivates media coverage.

Along those lines, consider the sad story of Angela Mazzocco, a woman from Jupiter, Florida, who works as a guidance counselor for the Palm Beach County School District.

Local highway patrol officers arrested her on the morning of May 9th, when troopers allegedly saw her vehicle weaving on the southbound lanes of Florida’s Turnpike, unable to confine her vehicle to just one lane.

Per the Florida Highway Patrol report, Mazzocco’s vehicle “came within inches” of hitting another car and left the road multiple times. Authorities stopped her and tested her blood alcohol concentration. They found that she had a 0.20% BAC. For those of you at home keeping score, that’s exactly 2.5 times the legal limit for DUI in Southern California, as defined by California Vehicle Code Section 23152.

Mazzocco also relayed to investigators that she had consumed the drugs Lexapro and Xanax prior to getting behind the vehicle on her way to school. The 46-year-old faces charges of DUI under drugs and alcohol and will be back at Palm Beach County North Courthouse on June 9th to face her charges.

Mazzocco initially denied to the officer that she had consumed alcohol (per WPTV). But what if she had refused to take a chemical test at the scene?

There are different rules for different folks. If you are under 21 years old — or if you are on probation for some other offense — you need to take your PAS test, even before police arrest you. California law changed in 2008 — now it’s a crime for someone on probation to refuse a chemical test at a DUI stop.

Meanwhile, ANY driver arrested for Los Angeles DUI must submit to a breath test or blood test. If police suspect that you consumed substances like Xanax or narcotics, you also have to submit to a urine-based drug test.

The police must warn you about the legal consequences of refusal, if prosecutors later want to use the refusal against you in court.

What’s the best way to respond?

The facts can be critical to your defense. Perhaps the police delayed the breath test or misunderstood your response. Your attorney may be able to get the refusal related charges dismissed. But rather than puzzling this out on your own, contact an experienced Los Angeles DUI defense attorney with the Kraut Law Group Criminal & DUI Lawyers, Inc. immediately for a free consultation.
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May 14, 2014

Why Does Everyone Seem to Have Advice For You About Your Los Angeles DUI?

by Michael Kraut

Getting a DUI in Los Angeles – and announcing it to the world – is a lot like getting pregnant or going on a diet. Everyone seems to have tons of advice for you, even if they have never experienced the situation themselves. Think about all the ridiculous advice non-parents give parents on airplanes about how to keep their kids quiet.

•   “Feed him some popcorn”
•   “Give him another bottle”
•   “Give him a toy”
•   “Take away that other toy”
•   “Don’t listen to that jerk”
•   “They are ready to fly at Y months, not X months… so you shouldn’t be on the plane”

And so it goes with many things in our life – we are forced to take unsolicited advice from people who don’t know what they are talking about. It can get frustrating.

In the case of your Los Angeles DUI defense, this random noise can be pretty destructive as well as distracting. For instance, there are certain myths about DUI defense that just will not die, such as the idea that chewing on a penny or drinking mouthwash will substantially change your breath test results.

There is no need to rehash the science (again) that refutes such myth. But they persist. If you take advice from the wrong people, you could make your situation worse and simultaneously miss out on more effective solutions.

The moral is this: leave the nuts and bolts of your defense up to experienced people. Attorney Michael Kraut of the Kraut Law Group Criminal & DUI Lawyers, Inc. can explain your Los Angeles DUI defense options and build you a sound and reasonable defense.

May 12, 2014

What Your Los Angeles DUI Defense Attorney CAN’T Do for You

by Michael Kraut

A competent, motivated Los Angeles DUI defense lawyer can do a lot to help you fight your charges and help you get your life back together. For instance, he or she can:

•   Contest evidence in your case;
•   Challenge the Constitutionality of your stop or arrest;
•   Nitpick (to your benefit) the documentation or procedures that the police used before, during, or after your arrest;
•   Engage in sensitive but effective negotiations with prosecutors to reduce your sentence and potentially get you into an alternative program, so that you can avoid the most nasty types of punishments, such as license suspensions, long jail sentences, mandatory IID installation in your car, and the like;
•   Connect you with resources to manage congruent problems in your life that might have caused you to drive DUI;
•   Act as a coach and mentor and answer your questions throughout your case, so that you feel in control and ready for whatever the prosecution throws your way.

But although a properly equipped Los Angeles DUI defense attorney can do a lot for you, he or she is ultimately limited. For instance, if you have a serious problem with alcohol or drugs — and, for whatever reason, you do not respond well to therapy or treatment — your attorney can’t compel you to make smart decisions and avoid putting yourself in harm’s way.

If you’ve “gotten in with a bad crowd” — If your boyfriend or girlfriend breaks up with you — if your boss fires you — if your school expels you — your attorney can’t do much. And if your auto insurance company takes a look at your DUI conviction and decides to double your rates, unless the insurance company violated the law… again, there is little that your attorney can do.

The point in highlighting these limitations is not to dissuade you from getting in touch with somebody but rather to hammer home that you need to take responsibility for your situation.

That said, you can benefit hugely from connecting with Harvard Law School educated ex-prosecutor Michael Kraut of the Los Angeles’s Kraut Law Group Criminal & DUI Lawyers, Inc. today for a free consultation about your Los Angeles DUI defense.