Los Angeles DUI Attorney Blog

February 2, 2011

Glendale DUI Smorgasbord: A Bevy of Athletes Arrested for DUI

Sports celebrities arrested for driving under the influence in Glendale often don’t get as much press as DUI actor celebrities, like Nick Nolte, Lindsay Lohan, Mel Gibson, and the like. But you might be surprised by the sheer number of sports stars recently been pulled over for DUI in Los Angeles and elsewhere. This post will take a look at four different athlete DUI arrests… that happened just last week!

If somebody you care about was recently charged with Los Angeles DUI, Burbank DUI, Glendale DUI, or Pasadena DUI, this post may help you in an additional way by giving you a resource to defend against charges.

First, let’s set our sites on Oklahoma, where wide receiver Kenny Stills and safety Tony Jefferson (both football players for Oklahoma) got arrested last Saturday morning within 20 minutes of each other. The WR Stills set several records as a freshman last year – including 61 passes caught, five touchdowns, and 687 yards. Jefferson was less decorated but certainly a good player last year – he got two interceptions, two sacks and 65 tackles.

Meanwhile, elsewhere in OK — in Tulsa County, more precisely — the boys basketball coach for Booker T. Washington, Shea Seals, got arrested last Sunday for driving under the influence. His team, the Hornets, are 11-0. Seals himself was named State Coach of the Year in 2010. Coach Seals has been suspended from both coaching and teaching pursuant to his DUI arrest.

Lastly, in Florida, Ozzie Canseco was arrested on the 15th of January for DUI in Florida. Like his twin brother Jose, Ozzie was a Havana-born baseball phenom. He appeared in the Surreal Life as “his brother’s double” and has also been arrested prior on charges of driving on a suspended license, steroid possession, and aggravated battery.

So with all these arrests, you might have questions about how police look for symptoms of Glendale DUI and DUI elsewhere – among sports star suspects and others.

Essentially, during and after a stop, an officer will search for symptoms such as: smell of alcohol around you, incoherent or slurred speech, falling over, fumbling with your wallet, bad driving or motor skills, disheveled appearance, slow or incoherent responses to questions from the officer, and eyes that are bloodshot or watery.

On the surface, identifying DUI suspects based on the aforementioned list of symptoms makes total sense. The problem is that these “symptoms” may mislead. For instance, say you are an overweight and unkempt person. You may appear to the police officer to look disheveled and uncoordinated, even if you are nothing of the kind. Likewise, say you had spent a long night studying at the library. Now your eyes are glazed over and bloodshot from reading books or your laptop. A police officer might not know this and might just think that you’re under the influence.

The problems get highlighted when people are borderline DUI. For instance, maybe you had two or three drinks at a party and then got behind the wheel and then got stopped by a police officer. While in fact you were not DUI, you did consume some alcohol. So if you exhibit any “symptoms,” the officer may just automatically assume that you are DUI.

By the way, conversely, you can be DUI and not exhibit DUI symptoms. For instance, someone who has had a lot of “practice” drinking may be able to maintain his balance relatively well or recite the alphabet backwards or touch his fingers to his nose. But just because he passes a field sobriety test or doesn’t exhibit “symptoms” does not necessarily mean he is not DUI.

All of this is to say that things can get very complicated very quickly. A Los Angeles criminal defense attorney like Mr. Michael Kraut can be a tremendous ally and strategic resource. Mr. Kraut’s Glendale offices are located at 121 W Lexington Dr, Glendale, CA 91203 Phone: (818) 507-9123.

January 31, 2011

Burbank DUI Nightmare Tragedy Avoided by Sheer Chance

by Michael Kraut

What could have been a horrifically bloody Los Angeles DUI story fortunately ended with just a minor fender-bender and an arrest. Last week, a man apparently under the influence of alcohol pulled his car onto some railroad tracks parallel to San Fernando Road and fell asleep – literally with his car striding the tracks. Sure enough, at around 1:15 in the morning, a Union Pacific freight train came barreling along and smashed into the vehicle. Fortunately for the unconscious driver, the freight train hit the car at such an angle that it spun off the tracks and whipped around. Local Sergeant Jim Reed (of Foothill Station) noted that “(the driver) wasn’t injured at all.” Amazing.

Drivers arrested for Burbank DUI, Glendale DUI, DUI in Pasadena, or DUI in Los Angeles are often lucky to be stopped before they get into a crash or hurt themselves or others. And sometimes, sheer luck prevents tragedies.

When many people imagine a driver falling asleep on a train track, they perhaps conjure up images of someone who has consumed bucket-loads of pills and alcohol. This brings up an interesting issue. Many people realize that driving under the influence of alcohol is wrong. But did you know that driving under the influence of drugs — including prescription pain medications and OTC drugs – can not only be as dangerous as (or even more dangerous than) driving under the influence of alcohol but that California Vehicle Code Section 23152 (a) considers such action a criminal offense? Even if you have a doctor’s order to take a medication – or you are taking an over-the-counter drug – you can be arrested and charged for a DUI drug crime. Officers may not use a breathalyzer test on you. You might be subjected to a blood or urine test, however.

The good news, from a defendant’s point of view, is that a Burbank DUI drug charge is actually harder to prove than a DUI alcohol charge. But a conviction can result in a jail time, major fines, license suspension, loss of security clearance at your job, points on your license, and indirect but substantial problems, such as a likely hike in your insurance rates.

To respond smartly and efficiently to these charges, you should almost certainly talk to an experienced Los Angeles criminal defense attorney. Burbank DUI attorney Michael Kraut (located at 2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) has the knowledge, wherewithal, record of success, and in-house resources to provide you with a peerless defense. Mr. Kraut is no stranger to drug and DUI cases. Prior to becoming a criminal defense lawyer, he served as a prosecutor for the City of Los Angeles – more than 14 years as a Deputy DA – and he also brings his Harvard Law School education and high level connections to bear to help defendants get their best possible outcomes.

January 26, 2011

Glendale DUI Sports News: Astros’s Big Draft Pick Nailed with DUI in Georgia

by Michael Kraut

A week ago Sunday, Delino DeShields Jr., the Houston Astros’s 2010 first-round draft pick, got arrested for a traffic violation and DUI in Georgia, prompting many sports analysts who cover celebrity news, like incidents of sports stars driving DUI in Southern California, to debate furiously about what the 18-year old’s future might hold.

Whether you were tagged for underage DUI in Glendale, Burbank DUI, DUI in Pasadena, or DUI in Los Angeles; or you were recently arrested on a complicated charge, such as DUI with injury, the tribulations of DeShields Jr., may be quite instructive.

The Astros’ GM, Ed Wade, told MLB.com: “our position is it’s a private, police matter, and we don’t have any comment on it.” DeShields Jr., is the son of Delino DeShields, an ex-major leaguer who now works in the Cincinnati Reds organization.

According to news reports, the outfielder was pulled over for a traffic violation and arrested not only for DUI but also for possession of alcohol by a minor. He made a $2,500 bond, according to Athens-Clarke County police records. (For comparison: consider that the Astros signed DeShields Jr. to a bonus of $2.15 million last year.)

When a famous ballplayer — or anyone else, for that matter — gets pulled over for driving under the influence in Glendale, they can face a smorgasbord of DUI penalties, depending on how over the limit they were, whether they hurt someone or not, and other factors. Typically, a first time misdemeanor DUI offender will get penalties along the lines of 48 hours mandatory jail time, tough probation terms, mandatory DUI alcohol school and license suspension, and serious court costs and fines. In Los Angeles, the court may also order you to get an interlock device for your automobile. This is a contraption that will prevent you from running your car if you have alcohol on your breath (essentially, you have to blow into a tube to get a “sober” reading before you can drive the vehicle.)

Designing an effective defense to a charge of Glendale DUI is no small task. Criminal defendants are often confused, frustrated, and undereducated about their rights; this combination of factors leads to poor decisions that only compound problems. If you or someone you care about faces such charges, start making better decisions right now. Get in touch with the Kraut Law Group Criminal & DUI Lawyers, Inc. at: 121 W Lexington Dr, Glendale, CA 91203 phone 818-507-9123.

Attorney Kraut has been featured by trusted media organizations like CNN and New York Times as an expert in Los Angeles DUI law.

Connect with attorney Kraut today to explore your options to battle back against your charges.

January 24, 2011

Long Beach DUI and Huntington Beach Dilemma: Should Busted Drivers be Outed on Facebook?

by Michael Kraut

One of the biggest debates roiling the Southern California DUI community today concerns whether or not Huntington Beach was correct in rejecting a proposal that would have allowed police to post mug shots of DUI offenders on Facebook. Last Tuesday, the Huntington City Council voted down this “shaming proposal” proposed by city council member Devin Dwyer.

If you or someone you care about has recently gotten a Padadena DUI, Burbank DUI, Glendale DUI, or Los Angeles DUI, you are almost certainly at least peripherally aware of the Huntington Beach City Council debate. Indeed, Time Magazine did a major story on the Facebook shaming proposal last week. As Time journalist Allie Townsend reports, “Huntington Beach does have a serious problem: drunk driving is something of a community epidemic… where more than 1,600 of the 200,000 people (in Huntington Beach) were arrested in 2010, according to the AP.”

Townsend argues eloquently that the kind of public humiliation proposed by Dwyer would not be a good idea. It’s not that she has excessive sympathy for people who willfully break the law; rather, she fears (rightly so) that Facebook DUI mug shots could be passed around. They could haunt not only the offender but also the offender’s family and children for years to come. For instance, a middle schooler may face long-term taunting if his dad’s DUI mug shot winds up on Facebook.

Moreover, when you are arrested for DUI, you are often quickly judged “guilty” in the minds of colleagues, friends and family. Deeper analyses of Long Beach DUI arrests, however, reveal that DUI busts are often far from justified and far from conclusive.

Consider the following. A Long Beach breathalyzer test – commonly referred to as a preliminary alcohol screening (PAS) test – indirectly quantifies how much alcohol you have in your system. If you are above a certain amount – typically 0.08% BAC – you can be arrested and charged pursuant to California Vehicle Code Section 23152 (b).

Breath tests seem like they should work. But they are far less accurate than most people – including most police officers – realize. Men and women process alcohol at different rates. Diabetics produce unusual chemicals on their breath; these chemicals can interfere with test results. And if you blow too deeply into the machine, you may wind up with a Long Beach DUI reading without actually being DUI. And it goes on and on like this.

So what’s the best response?

In short, defendants should equip themselves with excellent information and consult immediately with a qualified Los Angeles criminal defense attorney. In Long Beach, you can connect with the Kraut Law Group Criminal & DUI Lawyers, Inc. at 444 West Ocean, Suite 800 Long Beach, California 90802 phone 562-531-7454.

Attorney Kraut stands out among Los Angeles DUI attorneys because he is a former prosecutor, because he is a respected maven in the LA DUI community; and because he has demonstrated superlative results for his clients again and again, often in highly technical and complicated cases.

January 21, 2011

Burbank DUI News Eclipsed by Bizarre Bicycle Arrests in Baldwin Hills

by Michael Kraut

Often, the most bizarre Los Angeles DUI news items come out of the valley (places like Burbank and Glendale). But last week, Baldwin Hills had the honor of being the site of a super-strange DUI bust in the Southland.

If you or a coworker or family member was arrested recently under suspicion of Los Angeles DUI, DUI in Pasadena, driving under the influence in Glendale, or Burbank DUI, take note at how seriously Southern California police took the dangerous behavior of a gaggle of Baldwin Hills bicyclists:

According to the AP, around 1:30 in the morning, California Highway Patrol got a call saying that a bicyclist had careered into the pavement and hurt himself. Officer Travis Ruiz came to the scene and found 15 bicyclists gathered around their fallen comrade. Many bikers lacked helmets and reflective clothing or gear. The bikers had alcohol on their breath. After taking field sobriety tests, five different bikers – including the one who got hurt – were found to have blood alcohol levels that constituted DUI. These five were arrested – even though they were driving bicycles and not motorcycles, cars or trucks.

As this blog has cataloged in the past – specifically with lawnmower DUIs – Long Beach DUI law is very strict. If a California Highway Patrol officer stops you for operating a motor vehicle under the influence of drugs or alcohol, you will face stiff charges according to either California Vehicle Code Section 23152 (a) or 23152 (b). If convicted, you face a plethora of unpleasant penalties, from harsh probation to a full year driver license suspension to forced installation of a device in your car that won’t allow you to drive unless you blow a sober breath into it. And of course serious jail time always lurks as a possibility.

Your best line of defense is to connect immediately with a talented Los Angeles criminal defense attorney. One of the reasons why many Burbank DUI defendants choose the Kraut Law Group Criminal & DUI Lawyers, Inc. — (located at 2600 West Olive Avenue, 5th Floor, Burbank, California 91505, Phone 818-563-9810) — is that Attorney Michael Kraut and his team deeply understand the concerns that DUI defendants have. With more than a decade-and-a-half experience in the system – including 14 years as a local prosecutor – Attorney Kraut can help answer those nagging questions that have been keeping you up since the night (or day) of your Burbank DUI arrest.

January 19, 2011

Long Beach DUI Madness: News Roundup Yields DUI Goat, a 12 Time DUI offender, and More Weirdness.

by Michael Kraut

Rarely do Southern California DUI stops play like something out of a bad 1980’s cop movie (or episode of Reno 911!). But last Wednesday, the California Highway Patrol pulled over a goat – yes, a goat – during a routine DUI stop in Riverside County. (Well, actually the goat wasn’t driving – the goat was a passenger in a car. But the story is nevertheless quite comical.)

Most defendants struggling with charges of DUI in Glendale, DUI in Los Angeles, Pasadena DUI, or Burbank DUI are fortunate, in that their cases are relatively straightforward – or at least not embarrassingly absurd enough to merit a “news of the weird” mention in the paper.

In any event, when the CHP officer approached the truck near Mayberry Avenue in the town of Hemet, a (human) passenger fled the vehicle and almost immediately “fell flat on his face.” The female goat was likely stolen, according to a local animal services representative. By Thursday, the goat was “comfortably” at a local animal shelter in Riverside.

Meanwhile, across the country in Miami, 52-year-old David Hodge was arrested last Thursday for his 12th – yes, 12th – DUI. He remains in jail, at least as of this post, on a bail of $100,000. Yikes.

Often, police officers won’t see something as obvious as a goat in your truck to alert their suspicions. They thus look for subtler symptoms of DUI in Long Beach, including:

• Inconsistent stories about where you have been and where you are going;
• Erratic driving (e.g. swerving out all over the road);
• You smell like alcohol or there are open containers of alcohol in your car;
• You don’t respond naturally to officer’s questions;
• Your eyes are bloodshot or watery;
• Your speech is slurred;
• You lack coordination;
• You have difficulty following officer instructions.

Not everyone who exhibits these Long Beach DUI symptoms should be classified as actually DUI – for instance, you might have bloodshot eyes because you haven’t slept in two days (still not a good idea to be driving). Conversely, you can be DUI and NOT exhibit any of these signs.

This simple logical observation suggests that suspect should consult with a proven and results-oriented Los Angeles criminal defense attorney to combat charges. Someone like Michael Kraut of the Kraut Law Group Criminal & DUI Lawyers, Inc. — (444 West Ocean, Suite 800 Long Beach, California 90802, Phone 562-531-7454) — can provide superior service for defendants.

Attorney Kraut attended Harvard Law School, one of the top law schools in the country, and spent 14 years as a city prosecutor for L.A., during which time he sought (and got!) stiff penalties against DUI drivers. In short, Attorney Kraut understands how the system works from both sides, and this makes him a potent criminal defense lawyer – not only trusted by clients and feared by prosecutors but also respected by impartial arbitrators, such as media organizations like CNN and the New York Times, who call upon him for expert advice on breaking DUI news stories.

January 17, 2011

Beverly Hills DUI Insanity: Actor Gary Busey’s Bogus DUI Arrest in Malibu Sends Bloggers into a Froth.

by Michael Kraut

Last Thursday, actor Gary Busey got pulled over on the Pacific Coast Highway under suspicion of a Los Angeles DUI, after two “reporters” told police that Busey had been driving his Mercedes erratically on the PCH. When Busey got stopped, the couple, Mark Abel and Patrice Karst, began snapping up photos – perhaps to try to sell to the tabloids for a pretty penny.

As anyone who has been pulled over for Burbank DUI, Glendale DUI, Los Angeles DUI, or Pasadena DUI can tell you, getting stopped by a police officer is both a harrowing and embarrassing ordeal. Although Mr. Busey himself was found to be “perfectly sober,” according to reports, both Karst and Abel got arrested at the scene for interfering with a DUI investigation. Furthermore, Karst got charged with illegal possession of marijuana.

Obstructing a police officer investigation is a criminal offence. It remains to be seen whether these two wannabe paparazzi will be prosecuted harshly. Gary Busey, meanwhile, must surely be traumatized by the incident. Several years ago, Busey was involved in a near fatal motorcycle accident. He has since devoted much time to speaking to motor safety groups.

Let’s take a deeper look at how a typical Beverly Hills DUI investigation actually works.

#1. Officer sees a sign that you might be intoxicated and pulls you over.

Perhaps you drove erratically, swerved out of a lane, or operated a vehicle with a broken taillight.

#2. Field sobriety tests administered.

The officer will administer field sobriety tests – FSTs – to determine whether you are under the influence or not. The FSTs include balancing tests, mental tests, tests of physical co-ordination, and a general “sizing up” of your demeanor, behavior and attitude.

#3. Chemical test given.

Depending on circumstances – for instance, if the officer smells alcohol on your breath or if you fail an FST – you may be asked to take a PAS (“Preliminary Alcohol Screening”) test, which will give a guesstimate as to your BAC level (Blood Alcohol Concentration).

#4. Arrest.

Depending on how you do on your tests, the officer may determine that you are in fact under the influence of alcohol or other intoxicants and place you under arrest.

A smart, experienced, and educated Los Angeles criminal defense attorney can provide much needed guidance if/when you or a loved one gets charged with a Beverly Hills DUI. LA criminal law is exceptionally complicated, and the penalties for conviction can include not just jail time but also license suspension, strict probation, steep fines, and many other unfortunate short and long-term consequences.

To protect yourself, connect with Attorney Michael Kraut immediately at the Kraut Law Group Criminal & DUI Lawyers, Inc.. His local Beverly Hills offices are located at: 9107 Wilshire Boulevard, Suite 450, Beverly Hills, California 90210. Phone Number 310-550-6935.

Get solid help from a former Deputy District Attorney (city prosecutor) to forge your best defense today.

January 12, 2011

Long Beach DUI Defendants Pay Attention! Seattle Politico’s Reduced Sentence May Be Instructive

by Michael Kraut

When police arrest a driver for driving under the influence in Southern California, most people just assume that the driver must have failed a breathalyzer test or otherwise demonstrated a total lack of sobriety. But a hefty percentage of DUI cases involve surprisingly murky and grey situations. To wit, consider the case of Democratic representative Sharon Tomiko Santos, a Washington state senator arrested on I-5 in Seattle on July 2010 for DUI. Last week, she pled guilty to negligent driving charges coming off that arrest.

If you or a relative or a close friend faces scary charges of DUI in Glendale, DUI in Los Angeles, DUI in Burbank or Pasadena DUI, the trials and tribulations of representative Santos may be quite instructive to examine.

Let’s first look at the facts. According to both the Seattle Times and the Associated Press, Santos drifted out of her lane on I-5 in Seattle. An officer pulled her over. She admitted to having had three drinks. She did not do well on field sobriety tests. After having trouble with her FSTs, Santos took a breathalyzer test and blew a 0.77% — a little bit under the Southern California DUI limit (and Seattle limit) of 0.08%.

The officer who arrested Santos said that she had not blown hard enough into the machine. Santos’ attorney, William Kirk, retorted that “even though Ms. Santos blew under the legal limit, she was still arrested.”

As part of her plea deal, Santos must serve 20 hours of community service and pay approximately $15,000 in court fees and fines.

It’s very common for police officers to use breathalyzer tests on Long Beach DUI suspects. The breathalyzer is a simple machine with a better reputation in the general public than it has in the legal and judicial community. In fact, the sheer flimsyness of breathalyzer results may surprise you.

For instance, let’s say you blew a positive for DUI result. Your Los Angeles criminal defense attorney may be able to get the test results thrown out and the charges dropped or at least reduced significantly.

Curiously, neither the Seattle Times nor the AP article asked this key question: “what would have happened had Santos blown too hard into the machine?” Both studies and anecdotal evidence suggest that blowing too hard in a breathalyzer can yield a “false positive.” In other words, if you blow softly, you will get a wrong result one way; if you blow too hard, you will get a wrong result in the other way.

This is but one of the many serious flaws with breath testing. Good testing requires extremely delicate calibration. It demands near perfection from both the administrator and the administratee, which in practical terms almost never occurs.

Also note that breathalyzer tests don’t discriminate between men and women; don’t discriminate between diabetics and non-diabetics (diabetics produce chemicals on their breath that can change their BAC readings); and don’t discriminate between ethanol (the active compound in alcoholic drinks) and many other organic chemical compounds.

The long and short of it is that, if you have been charged with the serious crime of Los Angeles DUI, you need an attorney who understands the law and understands how to negotiate and deal with prosecutors. The Kraut Law Group Criminal & DUI Lawyers, Inc., located at 444 West Ocean, Suite 800 Long Beach, California 90802 (phone 562-531-7454) can provide crucial and timely assistance with your defense. Attorney Michael Kraut is a former Los Angeles Deputy District Attorney (high level prosecutor), and he uses his more than 14 years of experience as a former prosecutor – as well as the connections he formed — to provide his clients with truly top caliber help.

January 10, 2011

Major Beverly Hills DUI News: “My Name is Earl “Actress Arrested and Held on $15,000 Bail

by Michael Kraut

Last Wednesday evening, Jaime Pressly, a 33-year old actress best known for her role on the sitcom My Name Is Earl, got pulled over for a Los Angeles DUI in Santa Monica after police witnessed her committing a traffic violation. According to reports by TMZ.com, Pressly failed a field sobriety test and got taken to jail in Santa Monica. She was ultimately released on a $15,000 bail. Based on her high bail amount, some pundits speculated that — since Pressly had not been driving with minors and had not been involved an accident — she likely had an extremely high BAC level (over 0.15%). Police have not yet confirmed or denied this rumor.

If someone you care about has been similarly pulled over for Beverly Hills DUI (or DUI in Pasadena, DUI in Glendale, DUI in Burbank, DUI in Los Angeles, or anywhere else in the Southland region) — likely, you feel some empathy with the actress, who appears clearly fatigued in her mug shot (see adjacent picture).

This is the first DUI charge Pressly has ever faced – and it marks a distinct downturn in her career from 2007, when she won an Emmy for Best Supporting Actress. After the 2009 cancelation of My Name is Earl, Pressly appeared in commercials for Axe as well as Rules of Engagement on CBS (as a guest star).

Let’s learn a bit more about Beverly Hills DUI field sobriety tests — tests similar to the ones that Pressly allegedly failed. Almost inevitably, your first test will be something called the horizontal gaze nystagmus test. This is a pupil reaction examination. An officer will flash a light in your eyes to determine whether your pupils respond normally. DUI drivers will tend to have a lagging reaction.

Next up on your docket, you will face mental and physical coordination tests. These include the “famous” FSTs you’ve likely seen on movies and cop shows. They include balancing on one leg (the one leg stand test), walk the line (where you pace back and forth across a line) and of course the finger to the nose test — where you close your eyes, stick out your hands and attempt to touch your nose with the tips of your fingers. Police may also make you do things like count backwards or say the alphabet backwards.

Police will also be looking for symptoms of Beverly Hills DUI, such as odor of alcohol on your breath or general discombobulation or uncoordination. Police may also ask you to submit to a preliminary alcohol screening (PAS) test. The breathalyzer is a machine that uses chemical analytics to determine your so-called blood alcohol concentration (BAC). If this number is greater than 0.08%, you can be arrested and charged with DUI in Southern California.

Whether you have been arrested for the first time in your life — like Jaime Pressly was – or you are facing a second, third, or other multiple charge, you need and deserve superior legal representation. Connect immediately with a Los Angeles criminal defense attorney to get a free consultation. Attorney Michael Kraut of the Kraut Law Group Criminal & DUI Lawyers, Inc. is at your service. Attorney Kraut is an experienced, Harvard Law School educated former prosecutor who has tremendous connections with those in Los Angeles DUI community and who has an excellent track record and compassionate, systematic approach to client defense.

Attorney Kraut’s Beverly Hills offices are located at 9107 Wilshire Boulevard, Suite 450, Beverly Hills, California 90212 (phone number 310-550-6935).

January 7, 2011

Burbank DUI Analysts and Sports Fans Alike Flummoxed by Former Bucs QB’s Tampa Arrest

by Michael Kraut

Outlets that cover stories of sports stars busted for driving under the influence in Burbank (and elsewhere) have been spilling a lot of ink over the Sunday morning arrest of Shaun King, a former quarterback for the Tampa Bay Buccaneers. The 33 year-old got pulled over on US 301; after King refused to take a blood alcohol test, he was arrested and held until the morning, when he made a bail of $500.

Those of you who’ve recently been arrested for Burbank DUI, driving under the influence in Pasadena, Glendale DUI, or Los Angeles DUI may have a visceral sense for the emotional challenges that the QB went through as he spent the night at jail. King played for both the Bucs and the Arizona Cardinals over 7 seasons and currently serves as an analyst for Bright House Sports Network and co-hosts a local Tampa Radio sports show. He actually appeared on his radio show the day after his DUI bust and issued thanks to supporters. He didn’t comment explicitly on his case and referred to it only as “a very unfortunate circumstance over the weekend.”

Shaun King’s reticence to discuss his charges publicly may seem “haughty” to fans who like to see celebrities air their dirty laundry as a kind of penance. But the practice of not saying too much during and after a DUI arrest is a savvy one. Providing too much unnecessary disclosure can actually hamper your ability to construct a top level defense.

Analysts should also note that King refused his blood alcohol test. In some senses, this is unsurprising. Burbank DUI breathalyzer tests are notoriously unreliable. The breathalyzer machine ostensibly uses sophisticated chemical methods to determine your blood alcohol concentration (BAC) level and thus give police officers information about whether you’re DUI or not. A BAC reading of 0.08% or greater is enough to get you tagged with DUI, although you can still be arrested in certain circumstances even if your BAC is below this cut off.

Why is the breathalyzer a less than an ideal method of “sussing out” BAC levels? Here are seven quick reasons:

1. Breathalyzer tests do not discriminate between men and women.
2. Diabetics can blow “false positives” on breathalyzers because chemicals in their breath interfere with the sensors.
3. Calibration errors can lead to false positives.
4. If you blow extra deep into the machine (like the officer might ask you to), you can actually register a higher BAC than you really have.
5. Improper care of breathalyzer can cause it to malfunction.
6. Poor administration of the machine can also lead to false readings.
7. Other chemicals aside from alcohol can influence the breathalyzer.

To construct an appropriate Burbank DUI defense, connect immediately with an experienced Los Angeles criminal defense attorney. Mr. Michael Kraut of the Kraut Law Group Criminal & DUI Lawyers, Inc. can provide immediate assistance for Burbank DUI defendants at 818-563-9810. His offices are conveniently located at 2600 West Olive Avenue, 5th Floor, Burbank, California 91505. Mr. Kraut is a former prosecutor who boasts a Harvard Law School education and a nearly perfect record at jury trials.