DUI Blogger

Tawny Kitaen, the former actress, most commonly known for her sultry appearances in Whitesnake music videos from the 80’s, was arrested in California Saturday on suspicion of DUI. Although not too many details were released, the Newport Beach police reported that she was arrested at about 3 p.m. for driving her Range Rover under the influence of alcohol or drugs.

Kitaen was most recently featured on season two of the VH1 reality series “Celebrity Rehab with Dr. Drew”. Based on the time of day that she was arrested, and on the fact that Kitaen was previously convicted of felony cocaine possession, and is an admitted abuser of various prescription meds, it’s very likely that the DUI was drug related.

While DUIs typically involve alcohol, driving under the influence of drugs (DUID) is very common, too. California law draws no distinction between the two…if you drive under the influence of drugs and/or alcohol, you will be prosecuted under Vehicle Code 23152a.

In similar fashion, the state makes no distinction between illegal, prescription, or even over the counter drugs. If a drug, any drug, impairs your mental and/or physical abilities to such a degree that you “no longer have the ability to drive with the caution characteristic of a sober person of ordinary prudence under the same or similar circumstances", you can be arrested and convicted for a California DUI.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: Celebrity DUI Arrests , DUI , DUI of Prescription Drugs , News & Information

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Prosecutors and Judges have an enormous amount of discretion when it comes to imposing California DUI penalties. If you’re sentenced for a DUI, your punishment can range anywhere from spending no time in jail to spending up to ten years in the California State Prison, depending on whether (1) it’s your first, second, or subsequent offense, (2) you’re charged with misdemeanor or felony DUI, (3) anyone was injured as a result of your DUI…and the list goes on and on.

And if you’re charged with a DUI that resulted in another’s death, you could ultimately be charged with murder.

Regardless of whether you are charged with misdemeanor or felony drunk driving, California courts consider a host of other questions that may include:

• Was there a child in the car?


• What was your BAC?


• Did you refuse to submit to a chemical blood or breath test?


• How fast were you driving?

Continue reading "The Extreme Range of California DUI Penalties" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , DUI Consequences

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Despite common misperception, California DUI law does not require you to submit to field sobriety tests (FSTs) while under investigation for drunk driving. These tests are completely voluntary, even though the officer conducting them may conveniently forget to mention that fact…or, at best, may simply gloss right over it.

Unfortunately, many people don’t realize that these tests are not required and submit to them under the false belief that they must do so. The problem -- which you know if you’ve been convicted of a DUI -- is that these tests simply set you up for failure.

Each California FST is designed to test your “divided attention”. Simply put, this means that the officer will be watching to see if you can follow several instructions at the same time.

When the officer who arrested you testifies as to your performance, I promise the jury will hear that you “didn’t perform the tests as explained and demonstrated”. The officer will go out of his/her way to point out all of the things that you did wrong, painting a picture of what the jury will see as a falling down drunk.

Continue reading "The Truth about Field Sobriety Tests" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , Field Sobriety Tests

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DUI penalties are always a hot topic. Recently, there is one area in particular receiving quite a bit of buzz.

Several states, including Ohio, Minnesota, and Iowa currently require DUI offenders to display unique license plates to draw attention to their convictions. These states believe this type of punishment not only serves as a DUI deterrent, but also signals law enforcement to pay particular attention to the driving patterns of the individuals driving these cars.

While this may, in fact, serve as a public deterrent, I can only imagine what the ACLU and other civil liberties organizations have to say about this…

It will be interesting to see which, and how many, other states will follow suit.

In any event, the best way to avoid this embarrassing (and possibly illegal) DUI penalty is obviously to avoid drinking and driving. That said, the next best alternative is to know the most useful tips to avoid a California DUI conviction.

If you have the misfortune of being stopped for a California DUI investigation, the most important things to remember are to remain calm and be polite.

Continue reading "Will California DUI Offenders Soon Be Branded By a Scarlet Letter?" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , DUI Consequences , News & Information

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Jacoby Jones pled guilty to a DUI charge stemming from an incident last year. When arrested, Jones had a blood alcohol concentration of 0.13% and was found asleep in his car (with his foot on the brake while the car was in drive).

Jones is receiving a first time DUI “diversion” sentence which basically means that if he completes his probation terms, the case will be dismissed and the conviction erased from his record. These terms include appearing in several public service announcements, attending a year-long alcohol class, and installing an ignition interlock device (which is a mini-breathalyzer instrument) in his car.

California offers no similar first time DUI penalty.

Continue reading "Houston Texan Jacoby Jones Pleads Guilty to DUI" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , DUI Consequences , News & Information

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Last Thursday in New York, 41 year-old Melonie Lender, a middle school assistant principal, was arrested for DUI. Not only was it 6:40 in the morning, but she was on her way to work and had her 10-month old son in the backseat. In addition, Lender reportedly has two prior alcohol-related driving convictions.

In California, if you are caught driving under the influence and have a child under the age of 14 in your car, you will likely be charged with Penal Code 273 (a) child endangerment in addition to the underlying DUI.

Depending on the circumstances surrounding your California DUI arrest, such as your driving pattern, whether you were involved in an accident, your blood alcohol concentration (BAC), and your prior criminal history, you may face up to one year in the county jail or up to six years in the California State Prison…and you could also potentially lose custody of your child(ren). Keep in mind these are just the penalties for the child endangerment charge. In addition to these penalties, you still face sentencing for your DUI.

Lender, like so many others, has an alcohol addiction, or at least an alcohol problem, which is revealed by her actions. If any of her conduct sounds all too familiar…or like the life of someone you care about…know that help is available.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: Child Endangerment , DUI , DUI Accidents , DUI Consequences , DUI Legislation

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It never ceases to amaze me. Before I even hear the arresting officer’s testimony in a California DUI trial, I can almost predict verbatim what he/she’s going to say…

“The defendant had red/watery eyes, slurred speech, and the odor of an alcoholic beverage emitting from his breath. He fumbled his driver’s license, had an unsteady gait, and failed to perform his FSTs as demonstrated.”

It’s as if every California driving under the influence case involves the same suspect, the same officer, and the same facts. But we know that’s not the case.

Officers are trained to look for what are known as the “objective signs and symptoms of alcohol impairment” and are also trained on how to testify about those symptoms. In a California Vehicle Code 23152a DUI trial, this is the typical testimony.

Continue reading "Typical Testimony in a California Vehicle Code 23152a DUI Trial" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , DUI Legislation

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It was reported last week that the former teen idol, now 67, is facing charges for driving under the influence when his 1969 Bentley jumped a curb and swiped a pole, shrubbery, and a landscape wall outside a yoga salon in Pennsylvania. He is set to appear in court on November 19, 2009 to answer for the DUI charges.

Although he reports only having “a couple of cocktails” at lunch earlier in the day, his blood alcohol concentration was 0.17% - more than twice the legal limit.

Rydell claims that the reason he lost control is because he was trying to avoid a car that was tailing too close. He also maintains that the reason he couldn’t lift his leg during one of the field sobriety tests (FSTs) was due to a hip transplant.

While it would appear that the evidence is overwhelming against him, that’s never the case. Rydell’s charges were based on a chemical blood test result. This means that his DUI defense attorney can possibly challenge the results of that test.

For example, in California, chemical blood tests must be obtained, stored, and analyzed under very strict conditions. Any violations of these procedures could compromise the accuracy of the test, which could result in reduced, or even dismissed, charges.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: Celebrity DUI Arrests , DUI , News & Information

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As summer ends and school begins, underage drinking becomes more prevalent. Students in college -- and even high school -- are returning to the party scene…which means that underage drinking will be on the rise.

Underage drinking is nothing new and, for many, is the norm. Students living in dorms, fraternity and sorority houses, in off-campus apartments, and even with their parents frequently get drunk and/or high. Oh…to be young again.

However, with age comes wisdom, and with wisdom comes the recognition that we aren’t invincible. So if you’re under 21 listen up! Not only is it possible for the police to arrest you for drunk driving, it’s possible for them to arrest you for driving with any measurable amount of alcohol in your body. This is what’s known as California’s zero tolerance policy.

Continue reading "College Students Beware...If You're Under 21 and Arrested for a California DUI, You Can and Will be Prosecuted" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , DUI Consequences , DUIs and Minors , Underage DUI

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The Orange County District Attorney’s Office is now accepting your DNA…and, in exchange, will drop your criminal charges.

According to The Los Angeles Times, which reported on this subject in today’s edition, if you are arrested for a nonviolent misdemeanor (which include most DUIs, petty theft, and trespassing) or a low-level drug possession felony and agree to give a DNA sample, the DA won’t file charges.

Currently, Orange County has one of the most aggressive programs for collecting DNA samples from convicts in the nation. This, however, is the nation’s first program where samples will be collected by those who have only been arrested for such a crime.

What’s interesting is that police and defense attorneys both oppose the program…but for very different reasons. Cops argue that those arrested shouldn’t be released before they go through the criminal court process. Defense attorneys object to prosecutors pressuring those who haven’t been convicted of a crime to give the government a DNA sample.

Continue reading "Your DNA -- Orange County's "Get out of Jail Free" Card" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , News & Information

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California Vehicle Code 23152b is what’s known as the “per se” law. This means that if your blood or breath test revealed a blood alcohol concentration of 0.08% or greater, you are presumably guilty of driving under the influence.

A common defense in a 23152b DUI prosecution in what’s known as the “on the rise” defense. This defense is the essence of having “one for the road”.

Many people consume one last drink when they know they’re about to drive, figuring that they’ll be safely at home, the party, the bar, etc. before they feel the “buzz” from that last drink. And while that may not sound too bright, it’s actually a scientifically valid theory.

Alcohol takes a certain amount of time to absorb into your system, depending on a number of factors. These include (but are not limited to) your weight, what you’ve previously eaten, and your tolerance to alcohol (that is, how much and how often you drink).

Continue reading "One for the Road…" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , DUI Legislation , News & Information

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Jack Alvord, 61, was sentenced to 22 months in prison by a Portland judge when he plead guilty to DUI, reckless driving, and to third degree assault. Alvord, who was driving with a BAC of 0.30%, hit a blind man who was walking on the sidewalk (pining him between the car and a utility pole) before driving off. Alvord was then chased by fourteen people who caught him less than a mile away.

What’s noteworthy about this case is the fact that Alvord and the man whom he left with a broken pelvis and two broken legs are now friends.

Alvord was extremely remorseful for his actions. He voluntarily checked himself into a 30-day residential alcohol treatment center, urged his insurance company to pay a $1.25 million settlement, and has pledged that once he completes his prison sentence, he will speak to others in an effort to educate them about the dangers of drinking and driving.

Continue reading "Defendant’s Remorse Gets Him a Lighter Sentence" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , DUI Accidents , DUI Consequences , News & Information , Reckless Driving

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Chemical test refusals in California DUI cases are commonplace. In fact, many California DUI defense attorneys will “suggest” that if you are pulled over for a DUI…and can live without your license for one year…politely refuse to perform any FSTs and politely refuse to submit to a chemical blood or breath test.

If the National Highway Traffic and Safety Administration (NHTSA) has its way, the option of refusing a California DUI chemical test will soon cease to exist.

NHTSA is eagerly awaiting the results of a one-to-two year study currently being conducted in Idaho and Texas where police officers are being trained to draw blood from DUI suspects who refuse to submit to chemical testing. Arizona, who has been employing this tactic for almost 15 years, has seen its DUI refusal rate drop by more than 50%.

Although the U.S. Supreme court held that forced blood draws are constitutional in DUI refusal cases…can the same be said for their reliability? Absolutely not.

Continue reading "Chemical Test Refusals in California DUI Cases...A Thing of the Past?" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: Chemical Test Refusal , DUI , DUI Consequences , News & Information

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The Los Angeles Times reported yesterday that Roger Walsh, 57, was sentenced to life in prison for killing a woman in a wheelchair while he was DUI. Neither the fact that the woman was in a wheelchair nor the fact that she was killed is what makes this case remarkable.
What does make this case remarkable is the fact that this was Walsh’s 19th drunk driving conviction.

This is clearly an extreme case, but it begs the question…what are the appropriate methods of punishment and/or rehabilitation for repeat DUI offenders who have an obvious addiction to alcohol?

California DUI school is one component of a DUI sentence, regardless of whether it’s an individual’s first, second, or third drunk driving conviction. For repeat DUI offenders with a true addiction, these classes aren’t the answer.

Continue reading "Canadian Man Receives Life Sentence for DUI" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , DUI Consequences , DUI School , Felony DUI , Multiple DUI , News & Information

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Labor Day 2009 yielded fewer California DUI arrests…and fewer DUI fatalities…compared to last year’s totals. According to the California Highway Patrol, there were about half as many DUI-related fatalities as there were during the 2008 Labor Day weekend, and arrests fell by approximately 11%.

What’s responsible for this trend? It could be the recent increased publicity about drunk driving, the California Highway Patrol’s holiday “crackdown”, the economy, high gas prices driving down traffic in general, or just the simple fact that people are becoming more fearful of increasing California DUI penalties.

Since January 2009, if you’re on probation for driving under the influence, you now face an automatic driver’s license suspension if caught driving with any measurable amount of alcohol in your system.

Similarly, if you’re convicted of a second “wet reckless” (a common DUI reduction), you must now attend a nine-month DUI school…a requirement that didn’t exist prior to this year.

Continue reading "California DUI Arrests Down this Labor Day" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: Checkpoints , DUI , DUI School , News & Information

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