DUI Blogger

As crazy as it sounds, you could in fact, be arrested for driving under the influence of Listerine, Nyquil, a few sips of a cocktail, or any other liquid or substance that contains alcohol. It’s not that you would necessarily be “under the influence” of any of these, but that they are all capable of producing an illegal blood alcohol concentration of 0.08% or greater.

The reason this is possible is due to a condition known as mouth alcohol. Mouth alcohol is alcohol that remains in the mouth. When present, mouth alcohol can fool a DUI breath testing instrument. And although it typically dissipates quickly, it can linger, depending on the circumstances.

For example, the limited amount of alcohol that could be “burped” into a “normal” mouth will probably dissolve quickly. But that same amount of alcohol burped up by someone with dentures, for example, may take longer to dissolve.

Similarly, if someone had a tiny piece of alcohol-saturated bread trapped in his/her dental work, that alcohol could remain in the mouth for quite some time.

Continue reading "Driving Under the Influence of Listerine?" »

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Posted In: DUI , DUI Consequences , Medical DUI Defenses , News & Information

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GERD (Gastroesophageal Reflux Disease) is quickly becoming one of the more popular California DUI defenses. This is likely because between 25-45% of our population is affected by this disease…and because it is receiving more public attention.

GERD, as well as acid reflux and heartburn, are all medical conditions that can cause any alcohol that is in your system to travel up from your stomach and into your mouth. If this happens just prior to or during a California DUI breath test, your blood alcohol concentration will report a false high result.

This means that GERD can negatively influence a DUI breath test for someone who chronically suffers from this condition. It also means that GERD can negatively influence a DUI breath test for someone who may have suffered a GERD-like reflux simply from eating a spicy, greasy, or gassy meal.

Continue reading "How GERD can Fool a DUI Breath Test" »

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Posted In: DUI , Medical DUI Defenses

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Yesterday’s Oprah show addressed mothers and drunk driving. Her show was most likely prompted by the recent tragedy involving Carmen Huertas who was allegedly driving with a 0.13% BAC when she lost control of her car, killing one of seven children who were passengers inside.

We coincidentally blogged that story on Monday (Mom Charged with Vehicular Manslaughter) and ended the article by stating that lobbyists would surely use it in their arsenal to pursue tougher DUI legislation.

Oprah’s show only increases that possibility.

Oprah’s guests included one of the girls who was thrown from Huertas’s car as well as the father of the child who was killed in the accident. She also used her national platform to call attention to some other recent heartbreaking accounts of mothers who drove drunk with children in the car…something she seems to believe is a more common phenomenon that we realize.

These events, coupled with the media’s attention to this issue, will undoubtedly prompt MADD and other anti-drinking groups to push for harsher DUI penalties.

Current California law holds that if you drive under the influence of alcohol and/or drugs with a child in the car, you will be charged with DUI and either Penal Code 273a child endangerment or an enhanced DUI sentence.

Continue reading "Oprah Addresses Mothers Who Have Been Accused of DUI" »

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Posted In: Child Endangerment , DUI , DUI Accidents , DUI Consequences , News & Information

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In California, we call it “driving under the influence” or DUI. In some states, they call it “driving while impaired” or DWI. Still others call it “driving while intoxicated” which is still DWI. And finally, some states call it “operating while intoxicated” or OWI.

The bottom line is that a DUI is a DWI is an OWI…which basically means that they’re all the same. Each state may have its own slight variation on what constitutes a DUI, but in reality, if you drive while under the influence of alcohol and/or drugs, you will be prosecuted for this offense.

Although each state prohibits driving with a blood alcohol level of 0.08% or greater (which is California’s Vehicle Code 23152b VC), most of the discrepancies lie in the exact definition of what it takes to be “under the influence” or “impaired by drugs and/or alcohol”.

Continue reading "A DUI is a DWI is an OWI..." »

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Last week, the Manhattan District Attorney’s Office filed manslaughter, vehicular manslaughter, assault, and DUI charges against 31-year old Carmen Huertas. Huertas piled eight children (including her own daughter and fourteen-month old son) into her car to have a sleep over at her house. This was after she reportedly left a party with a BAC of 0.13%.

Before she drove off, her son was taken out of the car by the child’s father, Eduardo Henriquez. Henriquez knew Huertas wasn’t fit to drive and tried to stop her. When she wouldn’t listen, he removed his son from the car…but unfortunately not the keys.

As a result, three of the remaining seven children were ejected from the car when Huertas lost control, allegedly travelling 20 miles-per-hour over the speed limit. Before one of these eleven-year-old girls was killed, Huertas was apparently taunting the girls, demanding that they raise their hands if they thought they would make it home without crashing. Five of the children were not wearing seatbelts, and the three who were ejected weren’t even in seats.

Continue reading "Mom Charged with Vehicular Manslaughter" »

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Posted In: DUI , DUI Accidents , DUI Consequences , Felony DUI , News & Information , Vehicular Manslaughter

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There seems to be a lot of confusion about the penalties imposed in connection with a California boating under the influence conviction. A majority of the information found on the Internet suggests that if you are convicted of BUI under California Harbors and Navigation Code 655, the DMV will suspend or revoke your vehicle driver’s license just as if you were convicted of a DUI.

We’re here to tell you that this isn’t the case…although it used to be.

Prior to 2008, the California DMV would automatically suspend/revoke your driver’s license if you were arrested for BUI. Just as is the case with a DUI, you would have to request a DMV administrative per se hearing in order to challenge the DMV’s order.

Continue reading "California BUIs and the DMV - Setting the Record Straight" »

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Posted In: Boating Under the Influence , DUI , News & Information

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On Tuesday, the U.S. Supreme Court upheld a Virginia case which held that officers will no longer be allowed to pull over suspected drunk drivers based solely on a caller’s tip. The court ruled that officers must personally observe suspicious behavior before stopping a driver for a DUI investigation. As the Los Angeles Times reported yesterday, this essentially means that impaired drivers are entitled to “one free swerve” before they can be pulled over by the police.

The Supreme Court’s ruling isn’t formal and doesn’t require other states to follow Virginia’s lead. It is, however, likely to invite more legal challenges to DUIs that are initiated by citizen tips.

Currently, Los Angeles and a host of other California cities, use electronic roadside message boards located on their freeways to tell drivers to “Call 911 to report drunk drivers”. Although California may still encourage its drivers to report suspected DUIs, a formal ruling on this case would make it so that those calls will not be enough to satisfy the Constitution’s requirement for a reasonable search.

Most states, including California, presently allow these types of searches, so long as the observed vehicle matches the description given by the caller.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , DUI Accidents , DUI Consequences , DUI Legislation , News & Information

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Last week, California Governor Arnold Schwarzenegger signed several new bills that will go into effect beginning January 1, 2010. One of them is known as Assembly Bill 808, the Ambriz Act.

This law will require every person who either applies for a new driver’s license or who wishes to renew his/her license to sign a statement acknowledging the dangers associated with drinking and driving. While that may not sound so harsh on its face, it sets the driver up for being prosecuted for second-degree murder if he/she is involved in a deadly DUI accident.

Until this bill goes into effect, only those who have suffered prior DUIs can be charged with California DUI second-degree murder, also called Watson murder…and even then, there must be additional facts to support a finding of malice. Without malice, there can be no murder.

Continue reading "Schwarzenegger's Targeting More than First-Time DUI Offenders" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , DUI Consequences , DUI Legislation , News & Information , Vehicular Manslaughter

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Last week, California’s Governor Arnold Schwarzenegger signed a new bill that will go into effect July of next year. Under this new law…known as Assembly Bill 91…first-time California DUI offenders will be required to install ignition interlock devices (IIDs) on every car they own or operate.

This legislation is starting out as a pilot project in Los Angeles, Sacramento, Tulare, and Alameda counties. If successful, it will ultimately go into effect statewide.

A California ignition interlock device is essentially a mini-breathalyzer machine that attaches to the steering column in your car. In order for your car to start, you must provide an alcohol-free breath sample.

The IID also periodically requires “rolling” samples while you are driving. This is one way to help ensure that the driver is the person blowing into the instrument. It should be noted that asking someone else to blow into your IID…and blowing into someone else’s IID…are both crimes.

California ignition interlock devices are costly. Some companies charge as much as $100 to install the devices and then another $2.50 a day to maintain them. Under this new law, those who are unable to afford the device may only be required to pay a portion of its cost.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , DUI Consequences , News & Information

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A court-ordered alcohol/drug education program (otherwise known as California DUI school) is a mandatory condition of a DUI probation sentence.

Depending on whether it is your first, second, or subsequent DUI conviction…or even your first or second California wet reckless conviction…the judge will sentence you to between 12 hours and 30 months of DUI school.

The length of the programs, the curriculum of the programs, and the fees of the programs are all drastically different. However, all DUI programs do share several common characteristics.
First, you must enroll in a California DUI school within 21 days of your DUI sentence.

Second, you must provide proof of enrollment and completion by the dates that the judge orders you to do so. Failure to abide by these terms could result in a California bench warrant and/or a DUI probation violation.

Continue reading "California DUI School" »

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Posted In: DUI , DUI Consequences , DUI Probation , DUI School

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At first glance, there is nothing remarkable about Craig Jackson’s DUI. The arresting officer’s account started off as most DUI arrests do…Jackson had the “strong odor of alcohol on his breath, his speech was slurred, his eyes were bloodshot and watery, and his balance was poor.”

The story turned, however, when Jackson offered the Missouri Deputy Sheriff $5,000 to just “take him home and forget the DUI”. As a result of this proposal which, by the way, Mr. Jackson offered not just once, but twice, he not only faces DUI charges but felony bribery charges as well.

One of the very first things that a criminal defense attorney will tell you if you are ever investigated for a crime is to keep quiet. Exercise your Constitutional right to remain silent and politely refrain from engaging in a conversation or interrogation. This is the best way to avoid further criminal culpability.

Continue reading "Why We Tell You to Remain Silent..." »

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Posted In: DUI , News & Information

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Last week, Minnesota Viking’s Cedric Griffin pled guilty to misdemeanor DUI. There are a couple of things that are interesting about this case.

The first is that Griffin was arrested after he voluntarily pulled over…apparently because he believed he was too impaired to drive. The second is that the judge must have taken that into consideration when he sentenced Griffin for driving with a blood alcohol concentration (BAC) of 0.08% or greater.

The plea stems from incidents that took place last August when Griffin and others all parked their cars at a hotel…which was only about five minutes from Griffin’s home…and hired a limousine to pick them up to take them out. After they returned to their cars, Griffin began driving home. After a couple of minutes, he pulled over, reportedly because he didn’t feel it was safe to continue. Moments later, he was approached by a police officer who subsequently arrested him for DUI.

Continue reading "Minnesota Viking's Cedric Griffin Pleads Guilty to DUI" »

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

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Every year, the California legislature introduces new laws that relate to driving. In 2009, several of these new laws directly related to driving under the influence.

One of the newer California DUI laws deals with DUI probation violations. California’s zero-tolerance law states that you will automatically lose your driver’s license if you are on probation for a DUI and are caught driving with any measureable amount of alcohol in your system, or refuse to submit to a chemical blood or breath test to determine your blood alcohol concentration (BAC).

Another 2009 California DUI law pertains to DUI school. Prior to this year, if you suffered a second wet reckless conviction, there was no requirement that you attend DUI school. However, since 2009, if you find yourself in this situation…or in a situation where you are convicted of a “wet” and have a prior DUI conviction…you must attend a minimum nine-month drug/alcohol education program.

Continue reading "2009 California DUI Laws" »

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

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Marcos Barbosa Costa, a commercial truck driver was charged with murder when his runaway big rig killed a man and his 12-year-old daughter in La Cañada, Flintridge last April. Last week, those charges were dismissed.

The Pasadena Superior Court judge who dismissed the charges did so because she did not believe there was sufficient evidence to prove implied malice…a fact which must be proven before a judge/jury can convict a defendant of murder.

“Implied malice” is a state of mind which, in essence, means that you perform an act with a complete disregard for human life.

What’s interesting about this case is that an off-duty firefighter testified that he was behind Costa prior to the accident when he warned Costa that “the road was steep, he was travelling too fast, and that his brakes were smoking”. Prosecutors believe that Costa therefore had sufficient information to avoid the accident but acted with implied malice when he continued driving in an unsafe manner.

Continue reading "Murder Charges Dropped" »

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Posted In: News & Information , Vehicular Manslaughter

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Last week, a Malibu judge agreed to expunge Mel Gibson’s now infamous 2006 DUI. That was the incident where Gibson not only threatened the Los Angeles County Sheriff who stopped him but also blamed the Jews for all the world’s wars.

Despite Gibson’s anti-Semitic rant and other bizarre behavior, the judge granted his California DUI expungement because he completed his court-ordered probation.

You are eligible for an expungement under California’s DUI expungement laws if:

1. you were placed on probation,


2. you successfully completed that probation,


3. you aren’t currently serving a sentence for another crime,


4. and you have no other pending criminal charges.

Continue reading "Mel Gibson's Infamous DUI Expunged" »

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Posted In: Celebrity DUI Arrests , DUI , DUI Accidents , DUI Consequences , DUI Expungement , News & Information

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A common question that those who have recently suffered a California DUI ask is, “How is my DUI going to affect my car insurance?” Although this is a difficult question to answer without knowing the specific facts of your case, there are a few things that we know for sure.
The first is that California insurance law prohibits your auto insurance carrier from taking any action against you midterm. This means that even if you suffer a DUI the day after your new policy goes into effect, your car insurance company can’t drop you or raise your premium until your policy is up for renewal.

The second is that California law mandates that all DUI convictions are visible to auto insurance companies for ten years following your California DUI arrest. Perhaps the most significant part of this law is the fact that you are ineligible for a “good driver” discount for the duration of that period.

Continue reading "How is My DUI Going to Affect My Car Insurance?" »

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Posted In: DUI , DUI Consequences

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Most people think they have a pretty good understanding of California’s DUI penalties. Lose your license for a year or so…possibly go to jail…pay a fine…attend DUI school…

While these punishments do, in fact, comprise the bulk of a California DUI sentence, they do not include perhaps, one of the most burdensome penalties of them all…obtaining an SR 22.

A California SR 22 is a form that you must request from your auto insurance carrier. It verifies that you meet California’s minimum requirements for auto liability insurance. It also alerts your insurance company to the fact that you just suffered a DUI.

The California Department of Motor Vehicles requires you to provide an SR 22 in order to (1) get a restricted license following a license suspension / revocation, or (2) fully reinstate your driving privilege.

Obtaining a California SR 22 can be quite costly. You must pay to file your SR 22…you must pay DMV fees to reinstate your license…you may have to switch insurance carriers if your current carrier won’t issue an SR 22 (and many won’t)…and, following a DUI conviction, you will not qualify for a good driver discount for ten years following your arrest.

Continue reading "And You Thought a Jail Sentence Was Bad..." »

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Posted In: DUI , DUI Consequences , DUI Legislation

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31-year old William Sommer was sentenced to two years in jail following his third DUI conviction. What makes this story somewhat unusual is that he was driving a snow machine at the time.

Cases like these remind me that it is good to reiterate that the crime is driving under the influence. “Driving” -- in the legal world -- is pretty synonymous with “controlling”. This means that you can be convicted of a DUI while you’re riding a bicycle, boating, flying, riding a tractor, or even a toy scooter, depending on the laws of the state in which you live.

Sometimes driving doesn’t even mean driving…it simply means being able to control a vehicle. Take, for example, the case where someone is sleeping in his/her car, with the engine running, car in park. If you are in a position where you could ultimately, hypothetically control the car…and drive away…you could be prosecuted for a California DUI.

The best advice is to refrain from operating anything that could possibly be construed as a moving vehicle if you’ve been drinking. Silly as it sounds, it could be best free legal advice you’ll ever get.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , DUI Consequences , News & Information

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Roger Avary, the Oscar-winning co-writer of “Pulp Fiction”, was sentenced last week in the Ventura Superior Court to one-year in a county jail, five years formal probation, and over $5,000 in fines for a California DUI he suffered early last year. Avary was driving his Mercedes over 100 mph when he crashed into a telephone poll. The accident ejected his wife from the car and killed his passenger.

Avary pled guilty to Penal Code 191.5a gross vehicular manslaughter and DUI causing injury. He also admitted allegations that he caused multiple victims to suffer great bodily injury during the commission of the crime. A “great bodily injury” is a significant or substantial injury…if inflicted, the defendant usually suffers an enhanced jail or prison sentence.

Just based on the great bodily injury allegations alone, Avary could have been sentenced to five years in the California State Prison. The gross vehicular manslaughter charge (which is typically a felony) invites a four, six, or ten-year prison sentence. This means that Avary could have been sentenced to a prison term of between nine and fifteen-years if you add up all of his exposure.

Continue reading "Pulp Fiction Writer Convicted of Misdemeanor Gross Vehicular Manslaughter" »

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

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Last week Robert Moran, 43, a former deputy with the Los Angeles County Sheriff’s Department was officially sentenced to three years of informal probation and to six months in a county jail for his June 2008 DUI. He was arrested for that DUI when he crashed his department-issued SUV into another car after he ran a red light, and injured the people in the other car.

Moran has already almost completed his jail sentence by serving his time on house arrest, which is also commonly referred to as electronic monitoring. House arrest is a DUI penalty that enables you to serve a jail sentence at home, rather than in jail. This DUI penalty is not available under all circumstances…you must specifically request it and the judge must approve it.

So let me get this straight. An L.A. sheriff who injured two people when he drove a department issued car while under the influence, after running a red light gets a break on his sentence? Someone who, no doubt, has used his “special training” to detain, arrest, and help convict others of the same offense?

Gotta love the hypocrisy embedded in the California justice system…

Posted by Neil Shouse | Permalink | Email This Post

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

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Kim Fullenwider, 53, was arrested in Ojai, California, on suspicion of drunk driving after making a U-turn in front of an approaching pick-up. Although there were no reported injuries, Fullenwider was driving a school bus full of children at the time of the 7:30 a.m. incident.

The 19-year bus driving veteran was booked into the Ventura County Jail on misdemeanor charges of (1) California Vehicle Code 23152a Driving under the Influence, (2) California Vehicle Code 23152b Driving with a Blood Alcohol Concentration (BAC) of 0.08% or above, and (3) Penal Code 273a Child Endangerment.

Lucky for the 25+ kids on board that no one was hurt. Even luckier for Fullenwider was the fact that none of those kids (nor the driver of the truck who hit her) were injured or even killed.

If the scenario had been different and any or all of those individuals suffered injuries or were killed, Fullenwider could have been charged under California Vehicle Code 23153 DUI with Injury, or under California Penal Code 191.5(b) Vehicular Manslaughter while Intoxicated.

Continue reading "Ojai School Bus Driver Arrested for DUI" »

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Posted In: DUI , DUI Consequences , DUI Legislation , News & Information

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Comedian Artie Lange pled guilty to DUI in a New Jersey Court yesterday. Lange was arrested back in July following a minor traffic accident. A regular on the Howard Stern show, Lange claims that at the time of the incident, he was under the influence of prescribed sleeping pills he had taken the night before.

This news falls on the heels of yesterday’s blog, where I specifically addressed driving under the influence of drugs (DUID) as a fairly common trend. While Tawny Kitaen’s arrest (the topic of yesterday’s blog) was likely (though not necessarily) drug-related, Lange’s was admittedly due to a prescription sleep aid.

If you are unable to drive your car in the same manner as a sober driver would under the same circumstances, California will prosecute you for driving under the influence of drugs, regardless of whether the drugs were illegal, prescription, or over-the-counter.

Continue reading "Comedian Artie Lange Pleads Guilty to DUI" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: Celebrity DUI Arrests , DUI , DUI of Prescription Drugs , Driving Under the Influence of Drugs , News & Information

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