DUI Blogger

Over the weekend, Oahu started a new program. All those arrested for DUI in Oahu will have their “mugshots” publicly displayed on the Honolulu Police Department’s website. This project is a first of its kind for those who have only been arrested for DUI…and another example of how those arrested for DUI are afforded less constitutional protection than those arrested for other offenses.

As a Los Angeles DUI defense attorney, I find it horrifying, yet all too believable that this is happening. I know of no other crime where we take people who have been arrested for a crime and treat them as if they’ve been convicted of the offense.

Why is public humiliation okay for an individual who has only been arrested for DUI…a crime which, I might add, is frequently wrongly charged? Who, other than MADD…the program’s number one proponent…could possibly think that this is a good idea?

There is no evidence that this type of punishment serves as a deterrent. There is, however, evidence that this type of treatment is simply another example of how DUI suspects aren’t presumed innocent until proven guilty, but are presumed guilty until proven otherwise.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , DUI Consequences , News & Information

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Officers will be participating in extra DUI patrols this holiday weekend. Don’t be surprised if you even run into a California DUI sobriety / driver’s license checkpoint as part of the state’s crackdown on driving under the influence.

As of now, there are at least three advertised California DUI sobriety / driver’s license checkpoints scheduled for this weekend.

On Friday, the California Highway Patrol and the El Dorado County Sheriff’s Department are teaming up to conduct a sobriety checkpoint on Friday somewhere on U.S. Highway 50 in Meyers. Traffic permitting, officers’ plan on stopping every vehicle that passes through the DUI roadblock.

Continue reading "Thanksgiving Weekend California DUI Sobriety Checkpoints" »

Posted by Neil Shouse | Permalink | Email This Post

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

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With every holiday comes increased California DUI patrols. Law enforcement beefs-up its patrol units to ensure that extra officers are visible to the public…both as a way of discouraging people from drinking and driving and to arrest those who they believe are DUI.

If you find yourself in the unfortunate position of being stopped for a California DUI investigation, try to keep the following tips in mind…they won’t necessarily get you out of a DUI arrest, but they will make it more difficult for the prosecution to convict you of DUI.

1. Be polite and respectful to the officer, no matter what.
2. Politely refuse the field sobriety tests (FSTs). Contrary to popular belief, these tests are not mandatory and rarely, if ever, help a DUI suspect.
3. Politely refuse to submit to a preliminary alcohol screening (PAS) test. Similar to FSTs, a PAS test is voluntary…unless you are under 21 or are currently on probation for a California DUI.
4. Do submit to a chemical DUI blood or breath test after you have been arrested…unless you don’t mind losing your California driver’s license for a minimum of one-year and spending at least 48 hours in a county jail. And finally,
5. Exercise your Constitutional right to remain silent. Although it’s contrary to human nature not to try to defend oneself, please resist all temptation to do so. Any statements you make can and will be used against you to incriminate you and/or attack your credibility.

Be safe everyone. Happy Thanksgiving!

Posted by Neil Shouse | Permalink | Email This Post

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

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In yesterday’s blog, I discussed the difference between misdemeanor driving without a license and the infraction driving without a license in your possession. In similar fashion, I’d like to address the difference between driving without a license and driving on a suspended or revoked license.

Driving without a license under California Vehicle Code 12500 refers to driving when you don’t have a validly issued California driver’s license. This offense is typically charged as a misdemeanor, but is frequently reduced to an infraction. As a misdemeanor, it carries a maximum six month county jail sentence and a maximum $1,000 fine.

By contrast, California Vehicle Code 14601 driving on a suspended or revoked license prohibits driving once your otherwise valid driver’s license has knowingly been revoked or suspended by the California DMV. This offense is much more serious that driving without a license.

Continue reading "More on California's Driving Laws...The Difference between Driving without a License and Driving on a Suspended or Revoked License" »

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Posted In: Driving on a Suspended License

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Although this difference seems obvious, people often mistake the non-criminal infraction of driving without a license in one’s possession for the more serious misdemeanor offense of driving without a valid license.

California Vehicle Code 12951 penalizes driving without a license in your possession. As previously stated, this is a non-criminal infraction that prosecutors must dismiss if you later prove that you were validly licensed at the time of your offense.

California Vehicle Code 12500 VC driving without a valid license is typically charged as a misdemeanor. This offense is charged when…at the time you are caught driving…the California Department of Motor Vehicles -- or the DMV from another state -- hasn’t issued you a license.

Continue reading "California Driving Law - The Difference between Driving without a License and Driving without a License in Your Possession" »

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Posted In: Driving Without a License , News & Information

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Late Thursday night, early Friday morning, Alexandra Kerry (Sen. John Kerry’s 36-year old daughter) was arrested for DUI in Hollywood.

Kerry was reportedly pulled over because of expired registration tags. L.A.P.D. officers suspected her of driving under the influence and conducted a DUI investigation. After refusing an on-scene breathalyzer test (commonly known as a PAS test) and allegedly “failing” her FSTs, Kerry was arrested and booked into the Hollywood police station. Kerry then submitted to a DUI chemical blood test, the result of which revealed a BAC of 0.06%...0.02% lower than California’s illegal limit of 0.08%.

Although Kerry could technically face a charge for Vehicle Code 23152(a) which prohibits driving under the influence regardless of what her BAC was, it is more likely that the case will be dismissed or plea bargained down to a lesser charge.

Continue reading "Sen. John Kerry's Daughter Arrested for DUI Despite 0.06% BAC" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: Celebrity DUI Arrests , DUI , DUI Consequences , DUI Legislation , Field Sobriety Tests , News & Information

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Scott Caulfield faces up to fifteen-years in state prison and up to $100,000 in fines for felony charges of possessing a controlled substance and misdemeanor DUI…charges that were based on an anonymous caller’s tip.

The caller reported that Caulfield almost hit her and her husband head-on, causing them to swerve into a ditch to avoid the accident. The caller provided a description of Caulfield’s car as well as his location. With that, officers stopped Caulfield’s car and began a DUI investigation.

This type of investigation seems to go against the reasonable suspicion or probable cause standard that police must otherwise follow before they can initiate a traffic stop. The United States Supreme Court held long ago in Terry v. Ohio that an officer’s “good faith or inarticulate hunches” simply aren’t enough.

Continue reading "Anonymous DUI Tip Could Result in a 15-Year Sentence" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , DUI Consequences , DUI Legislation , DUI Stop Probable Cause , News & Information

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This weekend, there are at least four California DUI sobriety and driver’s license checkpoints scheduled to take place.

Typically, cops need a reasonable suspicion or probable cause before they can initiate a traffic stop. In order to get around this strict legal requirement, courts have classified DUI roadblock investigations as “administrative” rather than criminal.

Although our government is generally doing a good job of depriving suspected DUI drivers of their rights, sobriety checkpoints actually have quite a few legal rules that must be followed in order for any of their arrests to be upheld.

Because of this fact, it is critical for you or anyone you know who has been arrested at a DUI checkpoint to consult with a California DUI defense attorney. Unless a checkpoint strictly complies with the legal requirements imposed upon it, any DUI charges will have to be dismissed as unlawful.

Continue reading "Southern California DUI Sobriety Checkpoint Schedule for 11/20 & 11/21" »

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Posted In: Checkpoints , DUI

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It actually depends. Unless there is “pronounced weaving” for a “substantial” distance, witnesses by a “seasoned” officer, the answer will be no. Good news for many California DUI suspects.

This is because many officers will admittedly pull over suspected drunk drivers because they are weaving within their lanes. This, the police believe, is a DUI cue, warranting further investigation.

But courts have held that this does not rise to the level of probable cause that is necessary to pull a driver over for suspected California DUI charges. “Probable cause” means a reasonable belief that criminal activity is or was taking place. With respect to driving, it means that the officer reasonably believes that a driver is or has committed a traffic infraction or violation.

Continue reading "Weaving within a Lane -- Probable Cause for a DUI Stop?" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , DUI Stop Probable Cause

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Texas…one of the states that currently permits officers to perform forced blood draws in DUI refusal cases…has become even more aggressive with respect to its alleged DUI offenders.

The state used to permit officers to perform warrantless DUI blood draws when someone was seriously injured by the suspected DUI driver. Now police are authorized to perform these warrantless DUI blood draws when there is a DUI chemical test refusal and in any of the following cases:

1. Someone was injured severely enough that they required immediate medical attention


2. There was a child in the car


3. It was the suspect’s third DUI.

This is just another example of how this nation is becoming more of a police-state with respect to driving under the influence. It’s one thing to toughen the laws for convicted repeat offenders (a policy that I’m not advocating, by the way), but to toughen the laws with respect to those who have only allegedly violated the law is inexcusable.

Continue reading "Texas Police Expanding Forced Blood Draws" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: Chemical Test Refusal , DUI , DUI Blood Testing , DUI Consequences

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Shayne Lamas, the former “Bachelor” winner and star of the new reality series “Leave it to Lamas” was arrested Saturday night at a DUI checkpoint in Venice, California. Shortly thereafter, she personally issued the following statement-

"Early Saturday morning, after consuming one drink, I willingly drove through a mandatory check point on my way home with complete confidence of passing. However, the breathalyzer indicated that I was over the legal limit of blood alcohol content and was arrested onsite."

What is the lesson here? As any California DUI defense attorney will tell you, don’t ever make any unnecessary statements...ever! In fact, this is one of the most important tips to reduce the likelihood of a California DUI conviction.

The reason that this is so important is because any statements that you make can and will be used against you…the prosecution will make sure of it. While Lamas’s statements seem innocent enough, they will undoubtedly be used to impeach her credibility during DUI plea bargaining or at trial.

Continue reading "Reality Series Actress Shayne Lamas Arrested at California DUI Checkpoint" »

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

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42-year-old Youn Lee will be sentenced on December 7, 2009 for California Vehicle Code 191.5a gross vehicular manslaughter while intoxicated. The sentence is based on a fatal hit and run DUI that Lee was involved in more than 4 years ago. He plead guilty to the charge on Tuesday.

Lee reportedly crashed his SUV into the center median of the 55 freeway in Santa Ana on October 18, 2005. Lee’s headlights were not on when 23-year-old Ryan Cook rear-ended him on his motorcycle. Cook was then thrown off his motorcycle where he was run over by several other vehicles. Lee left the scene before the police arrived.

The next morning, Lee, who was an executive at Hyundai, met with general counsel at Hyundai Motor America. After the meeting, he was driven to LAX by a colleague and supervisor where he flew to South Korea, leaving his wife and young child behind.

The Orange County District Attorney’s office filed charges against Lee in April 2007. In September 2008, the D.A. requested Lee be surrendered back to California for trial and/or punishment...a formal legal process known as extradition. In December 2008, Lee was arrested and returned to Orange County in January 2009.

Continue reading "2005 California Fatal Hit and Run DUI Offender Pleads Guilty" »

Posted by Neil Shouse | Permalink | Email This Post

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

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California DUI investigations almost always involve field sobriety tests (FSTs). FSTs are designed to help police determine whether an individual is too impaired by alcohol and/or drugs to drive safely. These tests are divided into two groups: California DUI standardized field sobriety tests (SFSTs) and California DUI non-standardized field sobriety tests.

There are three standardized FSTs. These three SFSTs have been scientifically validated by the National Highway Traffic Safety Administration (NHTSA) as being a reliable indicator of impairment. The three tests that are endorsed by NHTSA…the federal agency who regulates DUI field sobriety testing…include:

1. The horizontal gaze nystagmus (HGN) FST


2. The walk-and-turn FST


3. The one-leg stand FST

However, even these “reliable” tests are only accurate at detecting alcohol and/or drug impairment between 65-77% of the time. What’s worse is that these statistics assume that these tests are being “precisely” administered according to NHTSA’s rules and regulations when the fact is that most officers never receive personal NHTSA instruction.

Continue reading "The Difference between California DUI Standardized Field Sobriety Tests and Non-Standardized Field Sobriety Tests" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , Field Sobriety Tests , News & Information

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While everyone knows about the great weight-loss benefits of the Atkins Diet, few people know about the diet’s other big advantage…it’s a possible California DUI defense.

This is because low-carbohydrate / high-protein Atkins-style diets can fool DUI breath testing instruments. This is because most California DUI breath testing machines aren’t equipped with the technology to distinguish between isopropyl alcohol (the type of alcohol that is auto-generated by a body that is deprived of carbohydrates) and ethyl alcohol (the type of alcohol that we drink).

And while a cop isn’t likely to believe that your BAC is above the legal limit simply because you plead this defense, a judge and/or jury just may…especially when it is supported by validated scientific evidence.

Continue reading "The Atkins Diet...Weight-loss Sensation and DUI Defense?" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , DUI Consequences , Medical DUI Defenses

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Title 17 of the California Code of Regulations governs how DUI blood, breath, and urine tests are administered, analyzed, and stored. Title 17 violations can result in dismissed California DUI charges…or at the very least, in significantly reduced DUI charges.

This California DUI law establishes the protocol that officers and medical personnel must follow if they want your blood alcohol concentration (BAC) level admitted into evidence. Some (but not all) of these requirements include:

• making sure that you do not eat, drink, smoke, vomit, or regurgitate for at least fifteen minutes prior to taking a breath test (so that your breath test results aren’t contaminated),


• making sure that your blood is drawn by a certified technician, and


• making sure that any testing equipment is properly maintained and calibrated on a routine basis.

Continue reading "How Title 17 Violations Can Help You Win a California DUI Case" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , DUI Accidents , DUI Blood Testing , DUI Legislation

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With respect to drinking and driving, this is the common question that, unfortunately, doesn’t have a clear answer. Anti-drinking, conservative groups suggest that you shouldn’t drive after having even one alcoholic beverage. Other, less extreme groups recognize that most people are fit to drive after having one or two drinks. And, depending on an individual’s tolerance to alcohol, there are many people who can have even more to drink and still drive safely.

The fact remains, however, that in California…as well as every other state…we have what is referred to as a per se DUI law. A “per se” DUI law is one which presumes that you are driving under the influence if you reach the state’s minimum blood alcohol concentration (BAC) level.

In order to help you understand your blood alcohol concentration (BAC) level as it relates to a California DUI, a variety of BAC calculators are available. You can find these BAC calculators both online and in print, as they are regularly mailed along with your California DMV auto registration.

Continue reading "How Much is Too Much?" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , DUI Blood Testing

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Many people incorrectly believe that if you are arrested for a California DUI…and the police don’t read you your “Miranda rights”…that your DUI charges will automatically be dismissed. The fact, however, is that absent very specific circumstances, Miranda rights are generally not required as a part of a California DUI investigation.

Miranda rights, which typically consist of something along the lines of “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney. If you cannot afford one, one will be appointed to you at no cost…” are only required when you (1) have been placed under arrest, and (2) are being interrogated.

The first requirement needs little explanation. The second, however, does. An interrogation is different from a casual conversation. If the officer isn’t asking you questions that are designed to elicit incriminating responses, he doesn’t need to advise you of your Miranda rights.

But keep in mind…the police aren’t your friends. Don’t get caught up in conversation…it may just be an officer’s way of tricking you into revealing information without him having to advise you of your rights. If he can successfully do this, any statements you make will be used against you. Remember -- Miranda rights are generally not required as a part of a California DUI investigation. So don’t allow yourself to make statements just because you think your DUI case will be thrown out of court since the officer never “read you your rights”.

Continue reading "The Myth Surrounding Miranda Rights and California DUI Investigations" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI Consequences , Miranda Rights

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Tomorrow night, November 6, 2009, four Southern California DUI sobriety checkpoints are set to operate.

With respect to the first, the Palm Springs Police Department will reportedly conduct a sobriety checkpoint at an undisclosed location within in the city. The location and exact time will be announced just prior to the DUI checkpoint’s operation.

With respect to the second, the Escondido Police Department will operate a DUI / driver’s license checkpoint between 6:00pm and 1:00am.

As for the third, the Lake Elsinore Police Department will conduct a DUI checkpoint between 6:00pm and midnight.

Continue reading "November 6, 2009 Southern California DUI Sobriety Checkpoint Schedule" »

Posted by Neil Shouse | Permalink | Email This Post

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

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Thomas Dekker, who played John Connor on the Terminator television show, was arrested in California for DUI after hitting a 17-year old who was riding his bike in the San Fernando Valley. The Los Angeles City Attorney’s Office charged Dekker with two counts of misdemeanor DUI…Vehicle Code 23152a VC driving under the influence and Vehicle Code 23152b VC driving with a BAC of 0.08% or greater.

Despite the fact that the cyclist was knocked off his bike and taken to the hospital for minor injuries, Dekker is still being charged with a “typical” DUI charge instead of a DUI causing injury.

Vehicle Code 23153 DUI with injury is generally reserved for situations where the defendant acted negligently in addition to driving under the influence. If, for example, Dekker was DUI and sped or otherwise committed another traffic violation…and injured the cyclist as a result…he would be more likely to face charges under VC 23153. There are, however, no reports of any negligent driving in connection with this DUI case.

Dekker was released from the Van Nuys Jail on $100,000 bail.

Posted by Neil Shouse | Permalink | Email This Post

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

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Despite the fact that it is inherently more reliable than DUI breath testing (and certainly more reliable than DUI urine testing), DUI blood testing still has its share of evidentiary problems. Contamination and error frequently contribute to faulty California DUI blood test results, leaving innocent victims to face wrongful charges for Vehicle Code 23152b VC driving under the influence with a BAC of 0.08% or greater.

Although DUI blood testing directly measures the amount of alcohol in one’s bloodstream, there are a variety of external factors that can lead to false California DUI blood test results.

Who drew the blood…whether the injection site was properly sterilized…whether the blood sample was properly mixed with sufficient amounts of anticoagulant and preservative (used to prevent fermentation or clotting)…and, for that matter, whether the anticoagulant and preservatives had expired, are all issues that could compromise the integrity and accuracy of your DUI blood test.

Continue reading "Don't Ever Assume You Shouldn't Fight the Results of a DUI Blood Test" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI Blood Testing , DUI Legislation

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California Vehicle Code 23152b penalizes driving with a blood alcohol concentration (BAC) of 0.08% or greater. Unlike Vehicle Code 23152a “driving under the influence” people aren’t charged with this offense until after they’ve submitted to a chemical DUI blood or breath test that resulted in a BAC of at least a 0.08%.

The problem with this scenario is that, depending on the circumstances, the BAC that is reported could actually be the person’s BAC at the time of the DUI blood or breath test as opposed to his/her BAC at the time of driving. This theory is based on the scientifically validated rising blood alcohol DUI defense.

The rising blood alcohol DUI defense, also known as the on the rise DUI defense, acknowledges the fact that alcohol doesn’t enter your bloodstream immediately following consumption. On average, alcohol takes about 50 minutes to “absorb” into your bloodstream and may even take as long as three hours. So what does this mean?

Continue reading "Rising Blood Alcohol -- Understanding this California DUI Defense" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , DUI Consequences , DUI Legislation , Medical DUI Defenses

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