DUI Blogger

As the weekend approaches, officers throughout California are placing themselves in “DUI mode”. DUI sobriety checkpoints, DUI saturation patrols, and DUI officers will be operating in full force, trying to make as many DUI arrests as possible.

But don’t assume that just because you’ve been arrested for drunk driving means that you must plead guilty to drunk driving.

Vehicle Code 23152(a) California’s “driving under the influence” law is very subjective. When an officer pulls someone over at night on the weekend, he/she already has a biased opinion that the driver will most likely be DUI. The officer then conducts a so-called “investigation” with that already in mind.

Regardless of the actual circumstances, they pretty much assume anyone who has been drinking any amount of alcohol is DUI…and that’s not the case. Vehicle Code 23152(a) California’s “driving under the influence” law only punishes driving under the influence. And just because you’ve been drinking does not mean that you are affected to the point that you can’t safely drive a car.

Fatigue, allergies, illness, intimidation, car troubles, distraction…the list is endless. Any of these factors can influence the way you drive and can mimic the effects of alcohol. And a skilled California DUI defense attorney knows the most effective ways to convince prosecutors, judges, and juries that just because an overzealous officer personally believed you were driving under the influence does not mean that you legally were.

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Vehicle Code 23152 VC California’s DUI law and Penal Code 148 PC California’s “resisting arrest” law are frequently charged in the same criminal complaint. Often times a person who is intoxicated may be less inhibited than a sober person and may therefore feel more comfortable resisting or otherwise obstructing the officer who is trying to arrest him.

But what if the person is so drunk that he doesn’t even realize what he is doing? Surely there is a legitimate case for a DUI under those circumstances, but is there for a resisting charge as well?

Penal Code 148 PC California’s “resisting arrest” law prohibits willfully delaying, obstructing, or otherwise resisting an officer who is engaged in the performance of his/her duties. If a drunk driver is legitimately drunk, is he necessarily willfully delaying an officer if he gives false information or could he simply be too drunk to recall the correct information? Does he necessarily willfully resist an officer who is trying to arrest him or could it be that he is so under the influence of drugs that he doesn’t realize what’s actually happening?

Certainly there is an argument to be made here when the charges coincide…

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Posted In: DUI , Resisting Arrest

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Here’s the most up-to-date DUI sobriety checkpoint information we have for California this 4th of July weekend.

DUI saturation patrols
Many agencies will be on roving DUI saturation patrols. This means that more cops will be on-duty specifically looking for drunk drivers. These DUI patrols are scheduled to begin tonight and end late Sunday night /early Monday morning. The following California cities will be participating in this tactic:

• Seaside, Soledad, Monterey, Greenfield, and Salinas;


• California State University Channel Islands, Camarillo, Fillmore, Moorpark, Ojai, Oxnard, Port Hueneme, Thousand Oaks, and Ventura; and


• Brea, Cypress, Garden Grove, La Habra, Los Alamitos, Orange, Placentia, Seal Beach as well as the Cal State Fullerton and UCI Police Departments.

Friday, July 2nd checkpoints
The California Highway Patrol will be conducting a DUI and driver's license checkpoint in Southern Santa Rosa from 6:30pm to midnight. The location of the checkpoint has not been disclosed.

The Oxnard Police Department will operate sobriety checkpoints at undisclosed locations in the city tonight and Saturday night between 6pm and 2am.

The LAPD Valley Traffic Division will conduct its DUI roadblock tonight between 6pm and 1am at Cahuenga Blvd. and Broadlawn Drive in North Hollywood.

The Orange County Sheriff’s Department will run a sobriety checkpoint from 6pm to 2am in the City of San Juan Capistrano at an undisclosed location.

The Victorville Police Department will be conducting a DUI/Drivers License checkpoint starting at 7:00pm in the City of Victorville.

The Redlands Police Department will conduct a sobriety and driver’s license checkpoint beginning at 10:00pm until 3:00am in the westbound lane of Redlands Boulevard, between Seventh and Ninth streets.

Saturday, July 3rd checkpoints
The Cypress Police Department will be conducting a DUI/Drivers License checkpoint from 7p.m. to 3a.m., on Lincoln west of Moody.

The Oxnard Police Department will operate sobriety checkpoints at undisclosed locations in the city Friday and Saturday night between 6pm and 2am.

The LAPD South Traffic Division will run its sobriety and driver’s license checkpoint between 6pm and 1am on Florence Ave. between Broadway and Main St. in Los Angeles.

The Buena Park Police Department will conduct a DUI checkpoint from 7pm to 3am at an undisclosed location in the city.

The Irvine Police Department will also be operating a DUI roadblock from 7pm to 3am at an undisclosed location in the city.

For the more “general” announcements, you can call the corresponding law enforcement agency a couple of hours before the scheduled DUI roadblock to find out more specific details.

And remember, just because you are arrested for DUI at a checkpoint doesn’t mean that you are automatically guilty as charged. California sobriety checkpoints must adhere to very strict requirements. If they don’t, your arrest and subsequent case may be dismissed. Be sure to consult with a California DUI attorney immediately following a sobriety checkpoint arrest.

Happy 4th everyone – drive safely!

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I recently spoke with someone who told me he was arrested for a Los Angeles DUI on his own street. He had been out drinking with some friends, one of whom was driving. Instead of having his friends drop him off at home, he had them take him to his car because it wasn’t too far from his place. He figured since he didn’t have too far to drive, he could make it home fine.

Not only did he get pulled over and arrested, the cops also impounded his car, instead of simply allowing it to remain parked on his own street.

Make no mistake about it, cops are ruthless, looking for any sign of impaired driving. Even if they pull someone over who isn’t DUI, they can always cite for the alleged driving violation, so they’re more than happy to pull you over to “investigate”.

It doesn’t matter how far you are from your destination. California cops are engaging in increased DUI saturation patrols and are on the lookout, so drive safely.

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It doesn’t matter if you’re arrested for DUI, drug possession, carrying a concealed weapon, or even murder…there is almost always at least one legal defense that a California criminal defense attorney can present on your behalf to fight your criminal charges.

Even if you think that you have an “open and shut” case, an attorney might see it differently. This is because of the wide variety of California legal defenses that are available to so many different types of crimes…defenses that you may not even realize are relevant to your case.

Let’s say, for example, that LAPD stops you for speeding as you leave a bar in the San Fernando Valley. The officer conducts a DUI investigation but determines that you are okay to drive. But before he lets you drive away, he searches your car, finds a handgun concealed under your seat, and arrests your for carrying a concealed weapon.

Despite the fact that you are technically guilty of carrying a concealed weapon, a criminal defense attorney would tell you that the weapon was discovered during an illegal search and seizure…a legal defense that would in all likelihood result in the dismissal of your weapons’ charge.

Don’t ever assume you can’t fight your charge, because there are an infinite number of California legal defenses that could absolve you of any criminal liability.

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Many California illegal weapons charges, such as Penal Code 12020 PC, California’s law against possessing dangerous weapons, stem from police investigations that have little or nothing to do with weapons. This is because many firearms and other weapons are discovered during searches that are incident to lawful…and sometimes unlawful…arrests.

When the police stop people for DUI or other traffic violations, they typically scan the car, looking for any evidence of contraband…drug paraphernalia, weapons, alcohol, etc. If they ultimately let the individual go, that’s usually the extent of the “search”. But if the cops arrest the individual or detain the individual based on a “reasonable suspicion” that the suspect is or was engaged in criminal activity, they might conduct a full blown search of the car and its contents.

If the cops find an illegal weapon under either scenario, they will likely arrest you for violating one of California’s many gun or weapons laws. Penal Code 12020 PC, California’s law against possessing dangerous weapons is one of the broadest of these laws, making it illegal to possess a weapon or an instrument that is capable of being used as a weapon.

So when this type of situation presents itself, you and your California criminal defense lawyer must ask two questions: 1) was the weapon you possessed illegal, and 2) was it discovered during a legal search and seizure? If either of these answers is no, it is very likely that your weapons charges…and possibly any additional charges…will be dismissed.

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According to the California Highway Patrol, David “Puck” Rainey was arrested in San Diego last week on suspicion of DUI, driving without a license, and child endangerment. This was after an accident where his car was found upside down in an embankment. He reportedly broke both of his feet, his right hand, and his neck. His 8-year-old son, Bogart, was also injured, suffering bruised internal organs and damage to his liver.

Prosecutors haven’t officially charged the former reality series star (who remains in the hospital). And details about the arrest and about why the CHP believes that “Puck” was driving in violation of Penal Code 23152 VC, California’s DUI law haven’t yet been released.

Depending on what the evidence reveals, prosecutors could charge “Puck” with either DUI or the more serious charge “DUI causing injury”, since he allegedly injured his son in the accident. They could also choose to file child endangerment as a sentencing enhancement (which would likely add a 48-hour jail sentence to the DUI charge) or as a crime in-and-of itself, which would subject him to up to a year in jail (if charged with a misdemeanor), or up to six years in the California State Prison if charged with a felony).

Once Puck is released from the hospital, more details will surely emerge.

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Posted In: Celebrity DUI Arrests , DUI

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California criminal law excuses accidental acts that result in injury...sometimes. We say “sometimes” because in order for an accident to qualify as a California legal defense, it must occur during an otherwise lawful act.

If you are engaged in unlawful activity and “accidentally” injure someone, California criminal law will not excuse your conduct. This is why prosecutors can charge you with a sentencing enhancement…or even a more serious charge alleging DUI with injury…when you are involved in or cause an accident while you are driving under the influence.

DUI is a crime. It therefore follows that any acts that you perform while DUI are criminal as well. This means that if you are DUI and cause an “accident” in the exact same manner as someone who is sober, you will likely be punished for the accident, whereas your sober counterpart will not.

“Accident” only qualifies as a California legal defense under three circumstances:

1. you didn’t intend any harm,


2. you weren’t acting negligent at the time, and


3. you were engaged in lawful conduct.

If even one of these elements isn’t satisfied, your accidental conduct will subject you to criminal prosecution.

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Posted In: Accident Legal Defense , DUI

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Here’s the most recent information on this weekends’ California’s DUI sobriety checkpoints.

Friday - March 26, 2010

The Sheriff’s Department will conduct a sobriety checkpoint Friday night between 6pm and 12am in the city of Loma Linda.

The Sacramento Police Department will operate a DUI sobriety / driver’s license checkpoint Friday night at an undisclosed area in the north part of the city.

Saturday – March 27, 2010

The Los Angeles Police Department will stop motorists on Saturday night between 7pm and 2am on Cahuenga Blvd. near Broadlawn Ave.

The Costa Mesa Police Department will operate its sobriety / driver’s license checkpoint Saturday night between 8pm and 2am at the intersection of Harbor Blvd. and Peterson Pl.

The Cypress Police Department will conduct a DUI checkpoint Saturday night between 7pm and 3am on Lincoln Ave. at Sumner Pl.

The Norco Office of the Riverside County Sheriff’s Department will operate a sobriety and driver’s license checkpoint on Saturday night from 7pm to 3am at an undisclosed location in the city of Norco.

The San Jose Police Department will conduct a DUI / driver’s license roadblock Saturday night between 9pm and 3am at an undisclosed location in the city of San Jose.

The California Highway Patrol will stop drivers at its DUI / license checkpoint on Saturday night between 9:30pm and 3:30am in an unincorporated area of San Bernardino County between Chino and Montclair.

**You can typically contact the local law enforcement agency the evening of the scheduled DUI checkpoint to learn more details about the checkpoint’s exact time and location.

Drive safely!

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St. Patrick’s Day is almost synonymous with alcohol. Make no mistake about it, the bars will be packed, the green beer will flow freely, and the cops will be out on DUI saturation patrol. Here’s the skinny on the California DUI sobriety checkpoints that have been announced for tonight, following into the weekend.

Orange County will be conducting countywide DUI roving patrols for the holiday. This means that even if law enforcement doesn’t set up actual DUI roadblocks, Orange County officers will be on the lookout for drunk drivers.

Riverside County will be deploying additional DUI patrols tonight into the cities of Beaumont, Blythe, Corona, Coachella, Lake Elsinore, Moreno Valley, Murrieta, Norco, Palm Springs, Riverside, San Jacinto, and Temecula.

The City of Sacramento will also be on heightened DUI alert tonight.

The Los Angeles Police Department will conduct a DUI checkpoint in the Wilshire area tonight at an undisclosed location.

The Santa Monica Police Department will run a DUI roadblock tonight in the 300 block of Pico Blvd. in the city of Santa Monica.

The Redwood Police Department will operate its sobriety / license checkpoint tonight on Eastbound Woodside Road at Sequoia Ave.

The Fullerton Police Department will conduct a sobriety checkpoint Friday night at an undisclosed location in the city of Fullerton between 8pm and 2am.

The Riverside Sheriff’s Department will conduct a DUI checkpoint in the city of Lake Elsinore at an undisclosed location Friday night.

The LAPD will also be operating a DUI roadblock on Friday night at an undisclosed location in the North Hollywood area.

The LAPD’s Southwest Division will operate its DUI sobriety / driver’s license checkpoint on Saturday night between 6pm and 1am on Manchester Ave. between Hoover St. and Figueroa St.

The LAPD’s will also set up DUI saturation patrols on Sunday, March 21st in the areas served by their Harbor and Central Community police stations.

For more information, you can typically contact the local law enforcement agency a couple of hours prior to the DUI checkpoint’s start time to learn more details about the checkpoint’s exact location.

Happy St. Patrick’s Day – drive safely!!!

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Posted In: Checkpoints , DUI , News & Information

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Although it may not seem like a DUI has much in common with a child endangerment charge, the two are actually very closely related under California law. This is because any individual who is arrested for DUI (and who has a child under the age of 14 in his/her car at the time) is subject to a penalty enhancement. Depending on the circumstances, this enhancement could add between 48 hours to 90 days of additional jail time to the DUI sentence.

If the circumstances surrounding the DUI were particularly egregious, prosecutors could charge the defendant with a DUI and Penal Code 273a, California’s child endangerment law.

Penal Code 273a, California’s child endangerment law prohibits placing a child in a potentially dangerous situation. California courts have ruled that this includes placing a child in a car with an intoxicated driver. A child endangerment charge subjects an offender to up to six years in the California state prison.

The best way to avoid these severe penalties is to fight the underlying DUI charge. If you aren’t convicted of DUI, there is no criminal act to support the California child endangerment allegation.

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

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Although California DUI murder cases a.k.a. “Watson murder” cases used to be quite rare, they seem to be on the rise. Last week, an Orange County jury convicted Suzanne Amelia Carlson, 27, of second-degree murder after she killed her passenger by crashing into an 18-wheeler Fed-Ex truck while she was intoxicated back in 2007.

Within an hour of the accident, Carlson submitted to a DUI breath test that revealed a blood alcohol concentration (BAC) of .22%. Carlson had previously been convicted of three DUIs, one in 2001, and two in 2007.

In order for a prosecutor to get a murder conviction in a DUI death case, he/she must prove that the defendant had first-hand knowledge about the dangers of drinking and driving, yet acted with complete and reckless disregard for that fact. Prosecutors were apparently able to prove that in this case, as well as two other recent California DUI murder or “Watson” murder cases.

Carlson, as well as the other defendants recently convicted of DUI murder, face fifteen years-to-life in the California State Prison for their acts. This is one reason why it is critical to consult with an experienced California DUI defense attorney immediately upon arrest if your DUI involved an accident where someone was injured or killed.

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Posted In: DUI , DUI Second Degree Murder , News & Information , Vehicular Manslaughter

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Energy drinks and alcohol have been popular for years (perhaps the most common being a “Red Bull and vodka” cocktail, otherwise known as a “birch”). But as more studies are emerging, we’re learning that the combination of caffeine and alcohol can lead to a host of dangers.

One of the largest societal risks is that the caffeine masks the feeling of intoxication. As a result, those who have consumed energy drinks mixed with alcohol feel pretty comfortable getting behind the wheel. In fact, it was reported that those who drank these mixed drinks were four times as likely to drive drunk thank those who were drinking alcohol exclusively. It therefore goes without say that in areas where these types of drinks are frequently served, DUI arrests are up.

Young adults flock to these types of drinks, as do many underage drinkers at bars, on college campuses, and at house parties throughout California. In Thousand Oaks, California, the City Council even adopted a new ordinance, requiring all retailers who sell products containing caffeine and alcohol to clearly post signs inside their establishments warning consumers about the potential dangers of mixing the drugs.

The bottom line is, as always, drink responsibly.

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The following are the California DUI sobriety / driver’s license checkpoints that are set to operate tonight and this weekend:

Thursday, March 4th
The Salinas Police Department will conduct a DUI / license checkpoint sometime tonight at an undisclosed location within the city limits. Weather permitting, all vehicles will be checked.

Friday, March 5th
The Valley Division of the LAPD will operate its DUI sobriety / driver’s license checkpoint on Friday night between 8pm and 3am at the intersection of Cahuenga Blvd. and West Broadlawn Ave. in North Hollywood.

The Atwater Police Department will operate a DUI roadblock at an undisclosed location in the city Friday night.

Saturday, March 6th
The Lake Elsinore Police Department will conduct its sobriety / driver’s license checkpoint Saturday night at an undisclosed location within the city.

With respect to the above California DUI checkpoints that aren’t too descriptive, you can directly contact the police department in the late afternoon to find out more details about their operation and location.

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A Portland judge sentenced Zoe Hoeltzel to over three months in jail, probation, and 160 hours of community service. Hoeltzel’s privilege to drive was also taken away for a full five years. This was after she crashed into a sidewalk full of pedestrians, seriously injuring two people, one of whom lost her leg as a result of the accident. Hoeltzel had a blood alcohol concentration of .10%.

Based on these facts, it appears that Hoeltzel could have been convicted of a DUI causing injury. California Vehicle Code 23153 punishes DUI drivers who cause another person to suffer an injury. However, she was not charged with her local DUI with injury statute (which essentially reads the same as California’s), most likely because the accident wasn’t entirely her fault.

Just prior to hitting the pedestrians, Hoeltzel’s car was hit by another driver (who was also allegedly DUI). That driver immediately jumped out of his car to help the injured victims, expressed remorse, and pleaded guilty to his charges. Hoeltzel remained in her car, maintained her innocence throughout, and didn’t apologize to the victims until just prior to sentencing. It was these facts that angered the public and led to the controversy surrounding this case.

A DUI driver who causes another person to suffer an injury typically faces felony DUI charges. If convicted, such an individual faces incarceration in a state prison and substantial fines.

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Posted In: DUI , News & Information , Reckless Driving

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The Timberwolves’ center Al Jefferson was arrested this weekend on suspicion of DUI. Cops pulled him over after they allegedly saw him speeding and changing lanes without signaling. Jefferson then reportedly “failed” his field sobriety tests and submitted to a blood test before being arrested for driving under the influence.

As a Los Angeles DUI defense attorney, I immediately see two red flags: the first is that speeding is not indicative of drunk driving. And while the police seem to think it is, the National Highway Traffic Safety Administration (the nation’s leading authority on DUIs) does not.
The second problem is that Jefferson missed the last two and a half months of last season after injuring his right knee and undergoing surgery. This type of injury could easily (and innocently) explain a poor performance on any of the field sobriety tests (which should more appropriately be called field balance tests).

This is simply another example of why I always say that every DUI is worth fighting! It doesn’t matter how overwhelming the evidence appears, a good DUI defense lawyer can always find at least one legitimate issue to challenge.

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Posted In: Celebrity DUI Arrests , DUI , Exhibition of Speed , News & Information

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Here’s a list of the California DUI sobriety checkpoints that are scheduled for this weekend. Unfortunately, some aren’t too specific, but if you check with the police/sheriff stations a couple of hours before the checkpoints are set to begin, you can usually find out more information about their specific locations.

The Santa Ana Police Department will operate its DUI checkpoint from 7:30pm until1am Friday night. They will be stopping cars in the area of 1000 N. Newhope St. near Rosita Park.

The San Bernardino County Sheriff’s Victorville station will conduct a DUI / license checkpoint on Friday from 7pm until 3am at an undisclosed location in Victorville.

The Escondido Police Department will conduct its DUI sobriety / driver’s license checkpoint Friday night between 6pm and 1am at an undisclosed location in the city. Weather permitting, all vehicles will be stopped.

The Oxnard Police Department will operate a DUI roadblock between 6pm and 2am on Friday at an undisclosed location.

Police will be conducting a sobriety / driver’s license checkpoint between 6pm and 2am on Friday at an undisclosed location in the city of Highland. Weather permitting, all vehicles will be checked.

Redlands Police will operate their DUI sobriety roadblock Saturday night from 10:30 to 3:30 in the southbound lane of Alabama Street between Park and Orange Avenues.

Remember, if you are pulled over for a DUI, whether on the road or at a California DUI sobriety checkpoint, please remain polite at all times, invoke your right to remain silent, and do not submit to any field sobriety tests.

…And, above all else, be safe!

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

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California law enforcement officers have called 2010 the “year of the checkpoint”. What they really should have called it is “year of the cash cow”.

A recent report from the University of California at Berkeley found that in 2009, DUI checkpoints generated approximately $40 million in revenue…money which is split between local law enforcement agencies and their local towing companies. Why the towing companies, you ask?

Because DUI checkpoints aren’t really set up to catch drunk drivers…that’s just the pretext. Rarely do cops arrest even a handful of drunk drivers as a result of these roadblocks…and for that matter, it’s not even that uncommon for the police to close shop on a checkpoint without making any DUI arrests.

Who the police are really after are drivers who are driving on suspended/expired driver’s licenses and those driving without a license. When the police stop these individuals, they immediately impound the driver’s car for 30 days, which costs the driver between $1,000-$4,000 to get it back. That money is split between the city and the towing company who tows and stores the car.

Let’s look at the trend -- last year, about 24,000 cars were seized at California DUI checkpoints, up from just fewer than 18,000 in 2008 and just fewer than 16,000 in 2007. Just know that as long as we are suffering a budget crisis, these alleged DUI checkpoints aren’t going anywhere.

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

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Although many people think that a DUI conviction necessarily means a jail sentence, that’s not always the case. In fact, there are a variety of penalties…penalties called “alternative sentencing”…that the judge can impose in lieu of jail.

One of the less well-known types of DUI alternative sentencing is the SCRAM device (Secure Continuous Remote Alcohol Monitor). The SCRAM device is a tamper-resistant ankle bracelet that tests the DUI offender’s sweat for alcohol concentration. This is done at least once an hour. Attempts to tamper with the SCRAM device are electronically reported to the regional monitoring center.

Some of the more common DUI alternative sentences include: community service, community labor (such as Cal-Trans roadside work), house arrest or electronic monitoring, and attendance at AA meetings.

It never hurts to ask for DUI alternative sentencing, and it always pays to have a DUI attorney who knows the most effective ways to convince the prosecutor and judge that these alternatives best serve the interests of justice.

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Posted In: DUI , DUI Consequences , SCRAM Device

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Typically when you take a test, you at least have the opportunity to pass. DUI field sobriety “tests”, however, automatically set you up for failure.

Take, for example, the finger count DUI field sobriety test. This “test” supposedly tells a cop whether you’re too drunk to drive. While you’re engaged in this FST, the officer is evaluating everything you’re doing…everything you’re doing wrong, that is.

He’s not taking note of the fact that you’re actually doing things right. He’s been trained only to observe the bad…this is how he gathers evidence to prove that you were driving under the influence. And forget the fact that illness, fatigue, nerves, or countless other innocent factors could cause anything other than a stellar performance.

Let’s just call these field sobriety tests what they really are – “exercises to give officers more ammunition against you”. Doesn’t roll off the tongue quite as easily as the “finger count DUI field sobriety test” but it’s certainly a lot more accurate.

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Posted In: DUI , Field Sobriety Tests

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We recently explained that the Romberg balance DUI field sobriety test was not an FST at all, but rather a neurological test used by doctors to detect disorders. Well the same goes for the “finger to nose” DUI field sobriety test as well.

The “finger to nose” test is a neurological test, not an original FST. When performed in a doctor’s office, it is precisely administered and evaluated. When performed on the side of the road or in a police station, precision goes out the window.

Since it isn’t one of the National Highway Traffic Safety Administration’s “standardized” DUI field sobriety tests, there is no scientific data to support its use as a reliable FST. Officers are not only free to administer it as they wish, but are also free to evaluate a suspect’s performance as they wish.

Nerves, intimidation, and one’s personal coordination make this test…and, for that matter, pretty much all field sobriety tests…poor indicators of drug and/or alcohol impairment.

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Posted In: DUI , Field Sobriety Tests

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Many law enforcement agencies routinely include the Romberg balance DUI field sobriety test in their FST arsenal. The problem is that it was never intended to be used as a field sobriety test. As a result, it provides little if any indication as to whether an individual was, in fact, driving under the influence.

Originally developed by a 19th century ear doctor, Moritz Romberg, it is a neurological test designed to test someone’s balance. Today, doctors find it particularly useful in detecting multiple sclerosis, as well as a variety of other neurological and inner-ear disorders.

Somewhere along the road, police agencies decided to expand this test to apply it to drug and/or alcohol impairment. They also added a couple of requirements to the test: the DUI suspect must tilt his/her head back and estimate time (neither of which are necessarily indicative of impairment).

Furthermore, sober people who suffer from M.S., neurological problems, poor balance, or who have been injured will certainly experience difficulty “properly” performing this test.

These are just a few of the reasons why the results of a Romberg balance DUI field sobriety test should always be challenged.

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Posted In: DUI , Field Sobriety Tests

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Let’s first address the fact that the hand-pat DUI field sobriety test is not scientifically validated. Neither the National Highway Traffic Safety Administration (the national agency that issues police protocols for field sobriety testing), nor any other reputable agency has concluded that the hand-pat DUI field sobriety test is a good indicator of alcohol and/or drug impairment.

Despite this fact, it is a very common FST. Many law enforcement officers continue to administer this field sobriety, claiming that it helps them detect impairment. This, however, is nonsense.

During this test, the suspect essentially plays “patty cake” with him/herself while counting aloud. If the suspect counts too fast, he/she fails. If the suspect counts beyond “one, two, one, two” he/she fails. If the suspect becomes too nervous and flips his/her hands too quickly, he/she fails.

There are too many factors that make this so-called “test” unreliable. Nerves, intimidation, one’s natural coordination, and the fact that there is no uniform standard or consensus that the hand-pat FST is even applicable to detecting intoxication renders this test an easy one to challenge.

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Posted In: DUI , Field Sobriety Tests

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Just consider this a follow-up to yesterday’s blog “The Problems with the So-Called ‘Reliable’ DUI Walk-and-Turn Field Sobriety Test” as we turn to the even less reliable one leg stand.

Just like the walk-and-turn FST, the one leg stand DUI field sobriety test has its fair share of problems. In fact, they are the same problems as the walk-and-turn presents: (1) the accuracy rate (or should we say “inaccuracy” rate), and (2) it is an unfair test for a large percentage of the population. Let’s address these in order.

First, if precisely administered and evaluated according to the National Highway Traffic Safety Administration’s standards (which is rarely if ever the case), the one leg stand FST only has a 65% accuracy rate at determining alcohol and/or drug impairment.This means that at best, one out of every three people is falsely arrested for DUI based on this field sobriety test.

Second, people over 50, people who are overweight, those with physical injuries, and those wearing shoes with any type of heels will be unfairly disadvantaged by this “balance” test…a fact which is typically ignored by arresting officers who are committed to meeting their DUI quotas.

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Posted In: DUI , Field Sobriety Tests

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The walk-and-turn test is one of the National Highway Traffic Safety Administration’s “standardized” DUI field sobriety tests. This means that it is deemed “reliable” as an accurate measure of one’s alcohol and/or drug impairment. There are two problems with this.

The first problem is that the walk-and-turn DUI field sobriety test is only 68% accurate. Although...by DUI standards…this percentage is considered high, I can’t think of another scientific forum where a 68% accuracy rate would be considered even close to reliable. This basically means that one out of every three people is falsely arrested for DUI based on this field sobriety test.

The second problem with the walk-and-turn DUI field sobriety test is that there is a significant portion of our population that can’t perform this test well, even while sober. This includes people who are overweight, people over 60 years old, people who have suffered any type of injury, and those wearing shoes with heels over two inches high.

Unfortunately, these people are rarely, if ever, excused from taking this FST, adding to the inaccurate results of this so-called “reliable” DUI field sobriety test.

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Posted In: DUI , Field Sobriety Tests

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The horizontal gaze nystagmus test is one of the three “standardized” DUI field sobriety tests. This test (otherwise known as the HGN test) is actually an eye exam. Since most (if not all) police, sheriff, and other local law enforcement officers typically aren’t ophthalmologists…or, for that matter, any type of doctor…they really have no business administering this type of test.

The fact is that a large percentage of the population naturally displays nystagmus, which is nothing more than the “jerking” of the eye. This poses a significant problem, since, when present, officers believe that horizontal gaze nystagmus is an indicator of drug and/or alcohol impairment. Without medical training, it could be difficult to distinguish between naturally occurring horizontal gaze nystagmus with horizontal gaze nystagmus due to impairment.

Add to this the fact that when properly administered and evaluated, the HGN test is only 77% accurate. This means that about one in every four people will be falsely arrested for DUI based on this so called “reliable” field sobriety test.

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Posted In: DUI , Field Sobriety Tests , Horizontal Gaze Nystagmus Test

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No doubt, Sunday’s Super Bowl yielded more DUI arrests than an ordinary Sunday would have. Even though California didn’t have a team playing in the big game, police were still on the lookout for people returning home from watching the game at parties and bars who appeared to be driving under the influence. But just because an individual unfortunately suffered a DUI arrest doesn’t mean he must accept a DUI charge.

Fighting a California DUI…any California DUI…is always worthwhile!

• Technical difficulties with the DUI breath or blood testing/analyzing equipment,
• physiological factors such as your diet and/or medical conditions, and even
• environmental factors such as radio frequency interference

can all adversely affect the accuracy of a DUI chemical test, which can result in a false high blood alcohol concentration (BAC) level.

This is just a very brief sample of why fighting a California DUI should never be overlooked. Don’t ever assume that just because you were arrested for DUI means that you have to be convicted of DUI…it’s simply not the case.

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Despite common misperception…due in large part to the fact that cops don’t often share this information…neither California nor Nevada DUI field sobriety tests or “FSTs” are mandatory tests. You have the absolute right to refuse to take these tests and most DUI defense attorneys will advise you to do just that.

This is because DUI field sobriety tests or “FSTs” are highly subjective, used by officers to determine that you are driving under the influence. The problem is that even the “scientifically validated” FSTs are only between 65-77% accurate at detecting alcohol and/or drug impairment. The remaining tests (which comprise the bulk of DUI field sobriety tests) have absolutely no data to support their reliability.

Even a teetotaler (someone who completely abstains from drinking alcohol) would likely “fail” the FST regimen, as officers can find fault with almost anyone’s performance on these “balance and coordination” tests.

So the bottom line is this…don’t help the police arrest you for DUI. If you politely refuse to submit to the FSTs, you are well within your rights to do so and will make it more difficult for the prosecution to prove that you were guilty of drunk driving.

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In the March 2010 issue of Men’s Health, the magazine posted a list of America’s “drunkest” cities. Fresno leads the pack, and four other California cities (Riverside, Bakersfield, Modesto, and Sacramento) round out the top 20.

The poll was based on a number of factors:

1. the number of alcohol-related liver disease deaths,


2. the number of binge drinkers in each city,


3. each city’s DUI arrest rates,


4. the number of fatal alcohol-related accidents, and


5. how Mothers Against Drunk Driving rates each city.

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During a recent interview, an anonymous 20-year police veteran disclosed some “secrets” on catching drunk drivers. One of these related to observations about driving. “Some people hang on the white lines on the road in an attempt to drive straight. Others drive too aggressively, and many drive too cautiously or slowly. We’re trained to watch for all the obvious signs of drunk driving, and believe me, if you’re looking, it’s easy to spot someone who’s intoxicated.”

The problem with this is that DUI isn’t the only explanation for bad driving. Officer, please tell me which of those observations isn’t also indicative of a driver who is distracted? Who is tired? Who is in a rush? Who is young and reckless? Or who is simply just a good driver (referring to the observation about “cautious” driving)?

DUI isn’t the only explanation for bad driving, it’s just not. As a Los Angeles DUI defense lawyer, I’ve come across plenty of California Highway Patrol Officers, LAPD, and other local cops who still subscribe to this way of thinking…and every time I still love cross-examining them on this very issue, enjoying the immense satisfaction when they concede my point.

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Early Sunday morning, a Rochester woman allegedly rolled her car, hit a mailbox, and then drove away. Police later arrested her back at her apartment for leaving the scene of an accident and DUI. The police wouldn’t say why they suspected that the woman was guilty of drunk driving.

And therein lies the problem. Unless this woman told the cops she had been drinking prior to the accident…and not just drinking, but drinking to the point of intoxication…the police had no business arresting her for DUI.

In all states, the crime is driving under the influence. This means that unless the cops can prove that the woman was drunk before the accident, she must be acquitted of the DUI charge. As a Los Angeles DUI defense attorney, I encounter this problem on a regular basis. People have accidents (especially hit and runs), get nervous, go home, and start drinking.

Clues from the accident lead the police to the suspect…who is by then oftentimes drunk…when the police then jump to the conclusion that the individual must have been drinking prior to the accident. This assumption frequently results in a false DUI arrest and wrongful DUI charges for the suspect.

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Last month authorities arrested a Philadelphia man for his eighth DUI after he killed a man and seriously injured the man’s wife and daughter while driving his car on the wrong side of the highway. He reportedly had a blood alcohol concentration (BAC) of .229 at the time.

The man was indicted on charges of aggravated manslaughter. Lucky for him, he wasn’t driving in California at the time, or he surely would have been charged with murder.

This is because California courts permit prosecutors to convict repeat DUI offenders for second degree murder under certain circumstances. Known as “Watson” murder or DUI second degree murder, this charge is alleged when prosecutors believe that an individual has special knowledge about the dangers of drinking and driving…and knowingly acts with disregard for that fact.

In theory, these charges could be filed against an individual who suffered at least one prior DUI. The fact that this man was involved in seven prior DUI incidents would surely make him a candidate for this charge.

Unlike typical California DUI manslaughter charges, “Watson” murder or DUI second degree murder charges carry a potential lifetime prison sentence.

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Former USC linebacker Rey Maualuga was arrested over the weekend for DUI. He reportedly blew a .157 on the breathalyzer, over twice the legal limit. He was stopped after allegedly hitting a parking meter and two parked cars.

While there’s nothing particularly noteworthy about these facts, it brings up an important point. If you find yourself in the unfortunate position of ever hitting a parking meter, bus bench, or other public property, you must report the incident or face possible charges for Vehicle Code 20002 hit and run.

California Vehicle Code 20002 hit and run charges may be filed anytime you hit public property and don’t immediately report the incident to your local law enforcement agency. You don’t have to leave a note like you would if you hit private property (someone’s car, for example), but you must inform the police.

While the details surrounding Maualuga’s arrest are somewhat scarce, we do know that he was charged with DUI and reckless driving. We can assume that he was either witnessed hitting the meter and cars or that he stopped after doing so, since he wasn’t additionally charged with a hit and run.

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Posted In: Celebrity DUI Arrests , DUI , DUI Accidents , DUI Expungement , DUI Legislation , Hit & Run , News & Information

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Adrian Pasdar, one of the stars of the show “Heroes” was arrested early Wednesday morning on suspicion of DUI. Although he refused to submit to a chemical blood or breath test, he allegedly smelled of alcohol, “failed” his field sobriety tests (FSTs), and was driving erratically. Because of these facts, Pasdar faces increased California DUI penalties.

The California Highway Patrol observed Pasdar on the 405 San Diego Freeway driving over 90 miles per hour and straddling two lanes. When they pulled him over, they smelled the alcohol within the car.

If Los Angeles Prosecutors convict Pasdar of DUI, he will likely face at least 96 hours in a county jail. This is because factors such as excessive speed and refusing to submit to a blood or breath test are considered aggravating circumstances. Each aggravating circumstance typically results in a minimum 48-hour jail sentence in addition to whatever other DUI penalties are imposed.

As a practical matter, DUI defense attorneys oftentimes are able to negotiate DUI diversion sentences that eliminate these jail requirements.

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Late last week, police arrested a Tennessee man for his third DUI. While there’s nothing particularly noteworthy about that, what is interesting is that he was driving home from DUI school at the time.

DUI school (otherwise referred to as alcohol and drug education programs) are required when an individual is convicted of DUI charges. It is supposed to educate participants on the dangers of drinking and driving.

In California, these DUI schools range in length from 12 hours to 30 months, depending on:

1. how many DUIs you have suffered within a ten-year period, and


2. whether your blood alcohol concentration (BAC) was particularly high (California considers a .20 an “aggravating” factor that increases the length of the DUI program).

Many argue that DUI school is a waste of time…that true alcoholics need more help than DUI school offers and that even first-time offenders don’t always take the classes seriously. If the instructor realizes that you are under the influence during the class, he/she will excuse you from the program and violate your probation.

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As a Los Angeles DUI defense attorney, people frequently ask me the following question: If I’m stopped for DUI, should I take a blood/breath test or refuse to do so? And here’s how I respond: It depends.

If you can live without your driver’s license for a year, then politely refusing to submit to a chemical blood or breath test is a good choice. I say this because the California DMV will automatically suspend your driver’s license for a minimum of one year (more if it’s your second or subsequent DUI arrest) if you refuse to submit to a blood/breath test.

But if you can suffer that consequence because either (1) you can rely on friends/family to drive you, or (2) have a good public transportation system, prosecutors have a difficult time proving refusal cases. Often times the arresting officer can’t articulate exactly why he/she believed you were DUI. And even when he/she can, a good drunk driving defense lawyer can usually challenge those observations.

If you can’t give up your driving privilege, then take a test…but only at the station, not a hand-held test in the field. And opt for the breath test, as it’s much easier to effectively dispute the accuracy of breath test results over blood test results.

Hope this helps!

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Posted In: Chemical Test Refusal , DUI , DUI Blood Testing , DUI Consequences , Field Sobriety Tests

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Since California has designated 2010 the “year of the DUI checkpoint”, California DUI arrests will undoubtedly be on the rise. And with DUI arrests come DMV driver’s license suspensions. This is a friendly reminder that you only have ten days to request a DMV DUI hearing in order to keep your driver’s license.

When you are arrested, the cop takes your driver’s license and replaces it with a pink paper. This pink paper acts as a temporary driver’s license, valid for 30 days beyond your arrest. Your driver’s license will automatically be suspended at that time if you don’t request a California DMV DUI hearing.

You only have ten days from the date of your drunk driving arrest to request this hearing. If you contact the DMV within this timeframe, your suspension will be postponed until your hearing. Typically your California DUI defense attorney will represent you at this hearing to explain to the DMV hearing officer why you were falsely arrested for DUI…and therefore should have your driving privilege reinstated.

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Here are a few of this weekend’s upcoming California DUI sobriety checkpoints that have already been publicized:

The Los Angeles Police Department will operate a DUI checkpoint on Saturday, January 23rd between 6:00pm and 1:00am on Manchester Avenue between Hoover and Figueroa Streets.

The Placentia Police Department will conduct a sobriety checkpoint on Saturday, January 23rd from 6:00pm until 1:00am. Placentia P.D. have announced that they will arrest drivers who are DUI and that unlicensed drivers’ cars will be impounded for 30 days.

Continue reading "California DUI Sobriety Checkpoint Schedule: 1/22-1/24" »

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California DUI sobriety checkpoints aren’t “criminal investigations”, they’re simply tools to help deter drunk drivers…at least that’s what the California Supreme Court said when it held that sobriety checkpoints are legal despite the fact that people are being stopped without probable cause.

The court got around that issue by requiring that California DUI checkpoints must adhere to certain guidelines in order to be legally valid. One of the guidelines that regulate these California DUI checkpoints is that their location be publicly advertised.

Why then are the police so upset that people are “tweeting” and “texting” each other to spread the word about a checkpoint’s location? Public awareness is, after all, important in “deterring” DUIs…

Continue reading "The Outrageous Hypocrisy behind DUI Sobriety Checkpoints" »

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In an effort to combat underage drinking and DUI, Arizona will set up DUI sobriety checkpoints to target underage drinkers returning from Mexico. If successful, other states will no doubt quickly follow suit. The legal drinking age is 18 in Mexico, although local establishments rarely, if ever, ask for anyone’s ID. This makes cities like Tijuana, Mexicali, Tecate, and Juarez popular hangouts for the “under 21” American crowd.

Teens from California, Arizona, Texas, and New Mexico frequent these Mexican cities to party, drink, and then drive home. If caught driving, these underage drinkers face a variety of penalties.

Continue reading "State Agencies Step Up Underage DUI Enforcement" »

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And we’re not talking about any ordinary cop…we’re talking a DUI / sobriety checkpoint officer and a trained drug recognition expert. And to top it off, he had an open container of alcohol in his car. Does the old adage “do as I say, not as I do” come to mind?

Officers discovered Officer John Quigg (a 24-year veteran with the Pennsylvania Police Department) slumped over and unresponsive after he crashed his car into a pole last month. He was off-duty at the time and driving his personal car. Quigg was placed on administrative leave following the accident.

Quigg’s attorney made a statement that Quigg was very stressed, “dealing with the senseless loss of lives and limbs in a recent rash of fatal crashes”. While I can imagine that he could absolutely feel that way, becoming part of the problem is hardly the answer. And even more disturbing is the fact that his personal stress is supposed to draw sympathy for someone who clearly knew first-hand how destructive his behavior could be. I would love to know how many DUI suspects he released instead of arrested based on their stress levels…as a Los Angeles DUI defense attorney I can guess the answer is pretty close to none…shameless, isn’t it?

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Having declared 2010 “the year of the checkpoint”, California law enforcement agencies will no doubt be on the lookout for DUIs. Coming off of a holiday DUI crackdown that included over 300 DUI sobriety checkpoints and DUI saturation patrols, California drunk driving arrests are up.

And, unfortunately, along with DUI arrests come DUI pleas. Naïve individuals plead guilty at the outset, assuming that just because their blood alcohol concentration (BAC) was above the legal limit means that they are guilty of DUI. THAT IS NOT NECESSARILY THE CASE!!!

DUI breath tests…the most popular California DUI chemical test…are by no means always reliable or trustworthy. DUI breath testing instruments are frequently plagued by error, which can result in completely inaccurate readings. Human error with respect to the instrument’s operation…physiological errors that the breath testing machines aren’t sophisticated enough to recognize…environmental errors that contaminate BAC results… the list goes on and on.

Continue reading "Don't Let the Numbers Fool You..." »

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One of 2010’s new California driving laws relates to television and broadcast signals. Known as California Assembly Bill 62, this law allows you to drive with a television or video monitor as long as the equipment prevents the driver from watching the screen while operating the car in “a safe and reasonable manner”.

However, automakers and high-tech companies are about to introduce their newest developments…like 10-inch screens above the gearshift showing high-definition videos, 3-D maps, and Web pages directly to the driver. These “infotainment systems” will hit the market this year and are expected to be “standard” features before long.

So how will California’s new law jive with this new technology? In all honesty, probably in a slew of tickets and an increase in accidents. As people crave technology…and ignore laws such as driving while holding a cell phone or “driving while texting”…public safety is frequently compromised.

Continue reading "Mixing California's New Driving Law and Technology: A Recipe for Disaster" »

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As 2010 begins, California drivers face a new set of laws. There are two that deal specifically with California DUI law.

The first relates to California ignition interlock devices (“IIDs”). Ignition interlock devices are mini-breathalyzer instruments that prevent your car from operating unless and until you provide an alcohol-free breath sample.

As of July 1, 2010, any driver convicted of a DUI…even a first offense…must install an IID on his/her car in order to obtain a restricted California driver’s license (“restricted” licenses are discussed below). This law is a “pilot program” that will only be enforced in Los Angeles, Sacramento, Alameda, and Tulare.

Continue reading "New California Driving Laws for 2010" »

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A 21-year old Temecula woman was arrested for DUI early Sunday morning after she overturned her vehicle, injuring her passenger. He reportedly suffered moderate to major injuries.

Depending on what the California Highway Patrol investigation reveals, prosecutors could charge the woman under Vehicle Code 23152 driving under the influence or Vehicle Code 23153 driving under the influence causing injury.

If the accident occurred as any “typical” accident would…and the driver just happened to be DUI at the time…prosecutors will most likely charge her with a non-injury DUI. Even if this is the case, she will likely face a sentencing enhancement for injuring her passenger.

Continue reading "San Diego Woman Arrested for DUI Following Crash" »

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Posted In: DUI , DUI Accidents , DUI Legislation

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A Lawndale man is wanted on suspicion of DUI and a fatal hit and run that took place this past weekend. The Los Angeles Times reported that after hitting a big rig on the 10 freeway, the driver of a BMW fled on foot, leaving his 20-year-old passenger to die, and another passenger and the driver of the truck to deal with their moderate injuries.

The L.A. Times didn’t include facts to explain why the California Highway Patrol suspected the driver of DUI. But if the CHP’s suspicion is confirmed, the driver not only faces felony hit and run charges…which subject him to up to four years in the state prison and a fine of up to $10,000…but to Penal Code 191.5 PC “vehicular manslaughter while intoxicated” charges as well.

Continue reading "Los Angeles Man Wanted for Fatal Hit and Run Following DUI" »

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Posted In: DUI , DUI Legislation , Vehicular Manslaughter

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As a Los Angeles DUI defense attorney, people frequently ask me if it’s worth fighting a DUI charge if their BAC was above the legal limit…and my answer is always a resounding YES!!!

Just because a California DUI blood, breath, or even urine test reports that your blood alcohol concentration (BAC) is 0.08% or above doesn’t mean that it actually was. There are a variety of factors, such as machine failure, procedural errors, physiological issues, and even outside environmental influences that can all contaminate blood, breath, or urine samples. And the fact of the matter is that each one of these factors can result in a falsely high BAC level.

So if you have the misfortune of being popped for a DUI over the holiday weekend as a part of the California DUI “saturation” patrol, don’t despair…all hope is not lost! And so I repeat…regardless of how high your reported BAC is, your DUI charge is ALWAYS worth fighting.

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As the holiday California DUI crackdown comes to an end, here is a list of the California DUI sobriety / driver’s license checkpoints scheduled to take place tonight and over the weekend.

New Year’s Eve:

• The LAPD will be operating DUI roadblocks in Hollywood at Hollywood Blvd. and Las Palmas Ave. from 8:00pm until 3:00am and in North Hollywood at Lankershim Blvd. and Chandler Blvd. beginning at 5:30pm.


• The CHP will be conducting DUI checkpoints in Winterhaven in an unincorporated area of Imperial County between 2:30pm and 10:30pm and in the Woodcrest area from 8:00pm until 2:00am. The CHP will also be operating checkpoints in Santa Maria at undisclosed locations and times tonight, Friday night, and Saturday night.


• The Porterville P.D. will conduct two to three sobriety checkpoints in the city at undisclosed locations and times.


• San Francisco Bay area law enforcement agencies are teaming up to operate DUI sobriety / license checkpoints in the cities of Alameda, Hayward, Newark, San Leandro, and Union City beginning tonight and running through January 3rd. They have also announced that they will have increased DUI patrols around the Oakland Coliseum on January 3rd, when the Oakland Raiders host the Baltimore Ravens.

Friday, January 1, 2010:

• The LAPD will operate its DUI roadblock in Los Angeles at South Figueroa St. between 8th and 9th Street from 6:00pm until 1:00am.


• The CHP will conduct its sobriety checkpoint in the unincorporated area of Santa Barbara in the South County from 8:00pm until 2:00am.


• The Lompoc P.D. will operate a DUI checkpoint from 6:00pm until midnight with the city limits.


• The Seal Beach P.D. will operate a DUI sobriety checkpoint in the south end of the city, beginning at 8:00pm.


• The Suisun City P.D. will conduct its sobriety checkpoint on southbound Sunset Ave. between Railroad Ave. and Pintail Dr. from 7:00pm until midnight.

Continue reading "California DUI Sobriety Checkpoint Schedule -- New Year's Eve Weekend" »

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In another amazing affront to our country’s bedrock principle “innocent until proven guilty”, the Texas District Attorney is now posting DUI arrestees on Twitter. It’s not as if he’s posting the names of those convicted of DUI on the popular on-line social network, but he’s actually posting the names of those who have only been arrested for the charge. Well that seems fair…I mean, as a California DUI defense attorney, I never see anyone get falsely arrested for driving under the influence. HA!

Unfortunately, it’s not at all uncommon for the police to falsely accuse and wrongly arrest those they suspect of drunk driving. There are a wide variety of DUI defenses that exonerate those who the police arrest. In fact, I can think of at least 20 California DUI defenses just off the top of my head. These defenses effectively challenge officer’s observations, DUI chemical blood and breath test results, field sobriety tests (“FSTs”)…EVERY aspect of a DUI investigation and arrest.

Although publicly humiliating those arrested for DUI isn’t a new or novel concept, it invites severe repercussions for those who are falsely accused. But since when has that been a prosecutor’s concern…

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The California Highway Patrol reported that it made 71 DUI arrests in Los Angeles County over the holiday weekend. And although this was more than double the number last year, there were no deaths reported.

Keep in mind these statistics are just for L.A. County…just for DUI arrests that the CHP made…and just from Christmas Eve. Statewide, the number of DUI arrests was in the high hundreds. And for the holiday period beginning December 18th until Christmas Day, the number of California DUI arrests was in the thousands.

For the last few weeks, California law enforcement agencies have been warning motorists that they would be conducting California DUI “saturation” patrols and would operate an increased number of DUI sobriety checkpoints. With all the grants that have been pouring into these agencies to combat drunk driving, police better respond with arrests.

Continue reading "Number of California DUI Arrests Up for 2009 Holiday Season" »

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Because the holiday season results in an increased number of California DUI arrests, I thought I’d take this opportunity to remind you how the California DUI court process works in the unfortunate event that you are arrested for a DUI.

After the arrest, your first court date will be your arraignment. This is your first opportunity to plead not guilty and to obtain a copy of the police report. If you are charged with misdemeanor DUI, you don’t even need to appear in court, as your California DUI defense attorney can appear on your behalf.

Following the arraignment, there will be a series of pre-trial motions and hearings. It is during this time…which can last as long as several months…where you will receive more of the prosecution’s evidence, which is critical when trying to resolve your case during DUI plea bargaining.

Continue reading "Understanding the California DUI Court Process" »

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As Christmas and the end of the holiday season approaches, we’d like to provide you with an end-of-the-year California DUI sobriety checkpoint schedule. The following DUI / driver’s license roadblocks are set to take place over the next week. Here’s as much information as we know.

There will be a DUI / driver’s license checkpoint on Friday in the city of Pomona.

On Saturday, December 26th, the following cities will conduct DUI / license checkpoints:
Redwood City - Baldwin Park - El Monte – Palmdale – Azusa – Lancaster – Altadena - Antelope Valley - LAPD Central Traffic, Harbor, and Southwest Divisions

The LAPD will operate a sobriety / license checkpoint from 8:00pm until 3:00am Sunday morning on Crenshaw Blvd. between Coliseum St. and West 39th St.

On Sunday, December 27th, the following cities will operate sobriety / license checkpoints:
San Francisco - Huntington Park - Lennox

Because California DUI laws provide that DUI checkpoints must give the public advance notice of an upcoming sobriety checkpoint, you can contact your local police, sheriff, or CHP office to try to find out more details about these listed DUI checkpoints.

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After actually being convicted of a DUI, Jaimil Choudhry is now pleading guilty to a reduced charge. Before he was sentenced, Choudhry’s DUI defense attorney and the prosecutor decided to dismiss the DUI and instead to let Choudhry plead guilty to reckless driving. Why?

Because Choudhry’s attorney convinced the prosecutor that Choudhry, who is 5’10” and 230 pounds…which is technically “obese”…couldn’t properly perform his field sobriety tests. The defense team maintained that it was nearly impossible for Choudhry to stand on one foot due to his weight.

Continue reading "Man Uses His Obesity as a DUI Defense" »

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Last week, California law enforcement officials launched their holiday crackdown on DUIs. The California Holiday Crackdown Campaign will operate over 300 California DUI sobriety checkpoints this holiday season through January 3, 2010. The campaign began on December 16, 2009 and is funded by a record $8 million in grants.

Local law enforcement agencies throughout the state are participating in the program in an effort to get drunk drivers off the road. However, the fact is that these checkpoints are very expensive to operate, pull a large number of officers off the streets, and typically only result in a few arrests.

California law enforcement officers have declared 2010 “the year of the checkpoint”. As a result, don’t be surprised if you run into more DUI roadblocks than you are used to. But keep in mind that California DUI sobriety checkpoints must adhere to very strict procedures. If they don’t, any arrests…and subsequent charges made in connection with an unlawful checkpoint must be dismissed.

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With the holiday season underway, one thing is certain…the number of California DUIs will increase. If you find yourself in the unfortunate position of being arrested for drunk driving, it’s important to understand that pleading guilty to the charge or securing an acquittal are not the only two options. Oftentimes it may be in your best interest to try to negotiate for a reduced California DUI charge.

There are three general California DUI charge reductions. The first…and most common…is what’s known as a wet reckless. A “wet reckless” under Vehicle Code 23103 per 23103.5 VC offers less jail time, a shorter probation period, a shorter DUI school, and doesn’t require a mandatory driver’s license suspension.

Continue reading "Understanding California DUI Reductions" »

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Posted In: DUI , DUI Legislation , DUI Reductions , Plea Bargaining

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Kenneth Aragon, a 19-year veteran of the LAPD died earlier this month when he crashed his motorcycle after drinking at the police academy bar. Although the department wouldn’t release his exact blood alcohol concentration level, a Los Angeles Police Department spokesman said it was “well over the legal limit” of a California DUI.

The accident followed “payday Wednesday”…an unofficial but regular event held every other week to celebrate officer’s latest paychecks. This decades-old tradition has always been an allegedly rowdy event, involving drunk officers.

Department officials are evaluating this tradition, wondering if the bartenders that work at the academy are plying officers with too much to drink. Are you kidding me?

Continue reading "Cop Killed in DUI After Drinking at Academy Bar" »

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Posted In: DUI , DUI Accidents , News & Information

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As the holidays approach…with holiday parties already underway…California law enforcement agencies are stepping up their DUI patrols. This includes increasing the number of California DUI sobriety checkpoints that are on the road.

We know of at least three Southern California DUI sobriety roadblocks that are scheduled for this weekend. These include:

An LAPD DUI / driver’s license checkpoint that will operate on West Slauson Avenue between the 110 Freeway and South Broadway in Los Angeles. This sobriety checkpoint will be operated from 8:00pm on Friday to 3:00am on Saturday.

Continue reading "December 11-13th California DUI Sobriety Checkpoints" »

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Posted In: Checkpoints , DUI , News & Information

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Two men (ages 21 and 24) pleaded guilty to charges under Penal Code 191.5a gross vehicular manslaughter while intoxicated last Friday in Pomona, California. The charges stem from an incident when a female passenger was killed last year when one of the men lost control of his car while they were street racing. Each man faces ten years in the California State Prison.

What distinguishes Penal Code 191.5a gross vehicular manslaughter while intoxicated from Penal Code 191.5b “ordinary” vehicular manslaughter while intoxicated is the level of culpability.

If the men hadn’t been racing…but were guilty of DUI and had an accident that caused the woman’s death…they could have alternatively been charged with DUI with injury or ordinary vehicular manslaughter while intoxicated. Both of these charges are “wobblers” which means prosecutors have the discretion to charge the offenses as either misdemeanors or felonies.

Continue reading "Southern California Men Plead Guilty to Gross Vehicular Manslaughter while Intoxicated" »

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Posted In: DUI , DUI Accidents , DUI Consequences , DUI Legislation , Exhibition of Speed , Felony DUI , Vehicular Manslaughter

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There are at least four California DUI sobriety / driver’s license checkpoints scheduled for this weekend. Here is what we know:

The San Bernardino Police Department will conduct its sobriety / license roadblock from 6:00pm tonight until 2:00am Saturday morning at the intersection of Baseline Rd. and Medical Center Dr.

The Rancho Cordova Police Department will operate its DUI sobriety checkpoint from 8:00pm tonight until 2:00am Saturday morning at an undisclosed location in the city of Rancho Cordova.

The Lake Elsinore Police Department will conduct a sobriety / license checkpoint from 6:00pm until midnight tonight at an undisclosed location in the city of Lake Elsinore.

The Oakland Police Department will operate a drunk driving / driver’s license checkpoint from 6:00pm tonight until 2:00am Saturday morning at an undisclosed intersection in the city of Oakland.

If you encounter a California DUI sobriety / driver’s license checkpoint…and have been drinking…always be polite, respectfully decline to answer any questions, respectfully decline to take any field sobriety tests, and respectfully decline the mini handheld breathalyzer test…following these steps is your best bet when it comes to fighting a California DUI.

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Posted In: Checkpoints , DUI , Field Sobriety Tests

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Defensive superstar Carlos Dunlap of the Florida Gators was arrested for DUI early yesterday. Police approached his car when it was stopped at an intersection while he had a green light. Dunlap was allegedly found asleep, slumped over his steering wheel. As expected, the police reported that he failed his field sobriety tests. He also reportedly refused to submit to a chemical DUI blood or breath test.

At first glance, the “evidence” against Dunlap looks pretty bad. However, DUI charges are always worth fighting! Maybe he was suffering from a medical condition that caused him to pass out behind the wheel…maybe he was fatigued from practice which is why he “failed” his FSTs…maybe he was, in fact, DUI but the officers didn’t follow the proper legal procedures…procedures that compromised the integrity of the entire DUI case.

Continue reading "Florida Gators Carlos Dunlap Arrested for DUI" »

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Posted In: Celebrity DUI Arrests , Chemical Test Refusal , DUI , DUI Consequences

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As if California DUI laws weren’t strict enough, commercial drivers face an even harsher set of drunk driving laws. Commercial drivers who are arrested for a California DUI not only risk a one-year suspension of their commercial driver’s license for a DUI, but possibly a lifetime suspension as well…even if the DUI wasn’t while the driver was driving a commercial vehicle.

California Vehicle Code 23152d prohibits an individual from driving a commercial vehicle with a BAC of 0.04% or greater. Commercial drivers are subject to this law, to the California DUI statutes that apply to the general population…that is, Vehicle Code 23152a driving under the influence and Vehicle Code 23152b driving with a BAC of 0.08% or greater…and the law preventing an individual from refusing to submit to a California chemical DUI blood or breath test.

While a commercial driver faces the same general DUI penalties as anyone else, he/she faces an even greater driver’s license restriction. For a first DUI offense, he/she faces a one-year commercial driver’s license suspension. For a second offense, he/she faces a lifetime commercial driver’s license suspension. Such a suspension will obviously have a huge impact on a commercial driver’s ability to earn a living.

Continue reading "Commercial Drivers Face Tougher California DUI Laws" »

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Posted In: Commercial Licenses , DUI , DUI Consequences , DUI Legislation

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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.

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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" »

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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!

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Posted In: Checkpoints , Chemical Test Refusal , DUI , DUI Blood Testing , DUI Consequences , 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" »

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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" »

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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?" »

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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" »

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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" »

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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" »

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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?" »

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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" »

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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?" »

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Posted In: DUI , DUI Blood Testing

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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" »

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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.

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

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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" »

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

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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.

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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" »

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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.

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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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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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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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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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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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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.

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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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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…

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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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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" »

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

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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.

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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" »

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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" »

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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?" »

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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" »

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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.

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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" »

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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.

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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" »

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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" »

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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…" »

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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" »

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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?" »

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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" »

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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" »

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

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Most people convicted of a California DUI get probation. This usually lasts from three to five years, and includes certain "terms and conditions." Violating the terms and conditions subjects the person to a probation violation, and possible jail time.

One standard term of probation in California DUI cases is that the person "not operate a motor vehicle with any measurable amount of alcohol in your system." This means if the person gets stopped and blows even a .01 BAC, he is in violation of his probation. In other words, he cannot drink and drive, period.

In reality, most people on California DUI probation violate this term. Most are at least social drinkers, and they continue to drink and drive, but are just much more careful. But by doing so, they take a considerable risk. A probation violation can subject them to six months or more of jail time.

Continue reading "Zero Tolerance Law in DUI Probation" »

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Riverside remains one of the few counties in California to impose jail time systematically for first-time DUI offenders. Those convicted of first offense DUI generally receive between six to ten days of jail. This could be served at the Robert Presley Detention Center or Southwest Detention Center, or most of the time the person could opt for work sentence instead of actual jail time.

Riverside DUI lawyer Mike Scafiddi believes the policy is unduly harsh. "All counties impose some jail time for repeat offenders. But Riverside is one of the few counties that gives jail time for all first-time DUIs, even when there are no aggravating circumstances."

The sentencing policy is consistent with Riverside's reputation as being very conservative and tough on crime. The Riverside D.A.'s office seeks jail or prison time on most cases. A typical conviction in Riverside results in harsher sentences than a conviction for a comparable crime in a neighboring county.

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California Vehicle Code 23109 defines the misdemeanor crime of “speed contests” or “exhibition of speed.” Quite literally, this means a motorist on a highway racing against another vehicle or a timing device. We usually call this activity “drag racing” or “street racing.”

Prosecutors do indeed charge Vehicle Code 23109 for people arrested for actual exhibition of speed. But the statute is also commonly used as a lesser offense agreed to through California DUI plea bargaining. That is, prosecutors often agree to reduce DUI charges to a “speed ex” in an effort to settle the case.

Generally speaking, a defendant prefers a speed ex conviction to a DUI. The speed ex does not trigger a license suspension, and carries no mandatory penalties such as DUI school or jail time. Moreover, a speed ex does not count as a “DUI prior” on one’s record. If the charge gets reduced to a speed ex, and the defendant subsequently picks up another DUI, the new DUI will get treated as a first offense.

Continue reading "Reducing a DUI Charge to “Exhibition of Speed”" »

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Research released today by the National Highway Transportation Safety Administration (NHTSA) is likely to change the policy debates about distracted driving. Among other things, the research shows that drivers talking on a phone are four times as likely to crash...roughly the same increased odds as a driver with a .08 BAC.

These statistics undoubtedly will bolster the position of policy-makers seeking more regulation to reduce distracted driving. California already leads the nation in this regard, having enacted laws that prohibit hand-held phone use and texting or Internet use behind the wheel. That debate is pretty much over.

But the NHTSA data will take the policy debate a step further. The studies indicate that bluetooth or hands-free handsets don't solve the problem. The phone conversation itself distracts motorists from focusing on driving tasks, regardless of the devices used.

Continue reading "New Studies to Change Policy Debate About Distracted Driving" »

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The Ventura County court system boasts a long-standing reputation as one of the harshest in the state, especially when it comes to DUI enforcement. The D.A.'s office refuses to plea bargain DUI cases to lesser charges. And judges impose jail time even on first offense cases with no aggravating circumstances.

But the County's DUI polices have seen a round of changes starting July 1, 2009. First-time DUI defendants with a low BAC are now offered "no jail time" deals. And the Hall of Justice has all but done away with DUI pre-trials, now forcing defendants to settle their cases in arraignment court or else set them for trial. If a case gets set for trial, the "no jail time" deal is off the table and offers go up.

"The court's dockets are simply overloaded with DUI cases," says Ventura County DUI attorney Darrell York. "It's unsustainable. So these policy changes are an effort to settle more DUI cases early and quickly." The courts are using a carrot and a stick. The incentive is a waiver of jail time for the more innocuous cases that plead out early. The stick is "upping" the potential sentencing for cases that don't.

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California's implied consent law requires those lawfully arrested for DUI to submit to a blood or breath test to measure their BAC. Yet many arrestees refuse to take either test and thus get charged with a DUI with "chemical test refusal." Are "refusers" better off?

It depends. They face good news and bad news. The good news is that prosecutors generally loathe taking refusal DUI cases to trial. They lack the most damning piece of state's evidence: a blood or breath test revealing the defendant's BAC. Many prosecutors prefer to plea bargain refusal DUI cases on terms more favorable to the defense. Or if the case does go to trial, the accused usually has a better shot at a "not guilty" verdict.

Now, for the bad news. If the refuser loses his DMV hearing, a one-year driver’s license suspension will be imposed. And there's no provision here for a restricted license. It's just a hard, outright, one-year suspension. Get caught behind the wheel: go to jail.

Continue reading "To Blow or Not to Blow? That is the Question" »

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Stated in Vehicle Code 23136, California DUI law makes it illegal for minors under 21 years of age to drive with any measurable amount of alcohol in their systems. An underage drinker who drives with even a .01 BAC faces a one-year suspension of his/her driver’s license.

California's underage DUI law is based on the notion that because minors can't consume alcohol legally, they shouldn't be able to drink and drive legally at any BAC level. Moreover, because minors are less experienced drivers, they are thought to pose a particular danger if they drive after consuming alcohol.

These points are well taken. But still, a one-year driver’s license suspension can be unduly onerous. Many of those under the suspension must drive to work or school. Lack of transportation can interrupt their education and ability to earn a living; factors that in turn can lead to more drinking. Imposing a restricted license that allows at least limited driving for such necessary activities would make better policy sense.

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In People v McNeal, the California Supreme Court yesterday made it easier for those accused of DUI in the state to challenge the accuracy of breath test results. We applaud the decision.

Prior to the ruling, DUI defendants were precluded at trial from introducing evidence of individual variation in the conversion of breath test results to a blood alcohol reading. The Court's decision in McNeal reverses this policy, allowing such evidence in "generic DUI charges" but not in "per se DUI charges" under Vehicle Code 23152b.

While the McNeal decision marks only a partial victory for DUI defense, it's a significant one nonetheless. The ruling provides DUI defense attorneys much more ammunition at jury trials to challenge the accuracy of breath test evidence. In time, it should lead to significantly more "not guilty" verdicts and reduce the number of wrongful convictions in DUI cases.

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Most people arrested for DUI in California get charged with two offenses: Vehicle Code 23152(a) driving under the influence, and Vehicle Code 23152(b) driving with an excessive BAC (defined as .08 or higher). Although both crimes make up California DUI law, they define separate offenses. Moreover, it’s possible to commit each without committing the other.

A person violates Vehicle Code 23152(a) by driving when he is impaired by alcohol or drugs. This impairment may exist at various BAC levels. For instance, a driver who is especially sensitive to alcohol may become impaired at a .05 BAC. If proven, he would be in violation of 23152(a) VC, but not 23152(b) VC, since his BAC is still below the legal limit.

Conversely, a driver with a high tolerance for alcohol may have a .11 BAC, yet still not yet be “impaired” in his driving abilities. This driver would be in violation of 23152(b) VC, but not 23152(a) VC. His BAC may be excessive, but he’s nevertheless sober enough to where he’s not “under the influence.”

Stated another way, a low BAC is not necessarily a defense to a “driving under the influence” charge. And actual sobriety is not necessarily a defense to an “excessive BAC” charge. But regardless of technicalities, a low BAC or evidence of sobriety make it difficult for the prosecutor to prevail in any California DUI case.

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As many court dockets get clogged with an ever-increasing number of DUI cases, more of them are getting plea bargained. Typically this means a reduction of the charge to a wet reckless, dry reckless, misdemeanor exhibition of speed or even traffic infractions.

Throughout the DUI court process, which may take months and involve several court hearings, prosecutors and defense lawyers negotiate the terms of a plea bargain. Prosecutors want the accused to plead guilty to a DUI and suffer consequences such as fines, DUI school and even jail time. The defense wants to avoid conviction and avoid these consequences.

By fighting a DUI charge and attacking the state's evidence, the defense increases the chances the D.A. or the judge will offer a "better deal." Two primary factors give the accused leverage. The first is the extent to which he can establish DUI defenses that reduce the likelihood of a conviction if the case goes to trial.

Continue reading "DUI Plea Bargaining: Supply & Demand" »

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Although most California DUI cases get charged as misdemeanors--involving fines, DUI school and sometimes a short jail sentence--in certain instances prosecutors can charge a California felony DUI.

The consequences for a person convicted of felony DUI are significantly more serious. First, a misdemeanor DUI carries only a maximum sentence of six months to a year of county jail--though most offenders do little or no jail time. By contrast, a felony DUI can land a person in California state prison for 3 years of longer. Second, a felony DUI conviction resulting in probation will require felony probation and formal supervision by a probation officer.

Prosecutors may charge felony DUI in only three instances. First, a California DUI causing injury or death may be filed as a felony (or in more serious death cases, vehicular manslaughter). Second, a Fourth Time DUI may be charged as a felony. Finally, if a person has a prior felony DUI conviction for any reason, any subsequent DUI charge may be filed as a felony.

Like with all criminal cases, felony DUI often gets plea-bargained down. A prosecutor may start a case by filing the charge as a felony. But after recognizing weaknesses in the evidence, and negotiating with defense counsel, he/she often will agree to reduce the charge to a misdemeanor in exchange for a guilty or "no contest" plea.

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DUI and “drunk in public” are misdemeanor crimes in California designed to protect the suspect and the public from a suspect’s dangerous, substance-induced behavior. Both laws criminalize a suspect’s being intoxicated in certain settings. But the level of intoxication that must exist for each crime to take place differs significantly.

In short, DUI requires that the suspect’s mental and physical faculties be impaired—at least to the extent that he can no longer operate a motor vehicle with the same skill and caution of a sober person. Whereas Penal Code 647f Drunk in Public requires that the suspect be extremely intoxicated—so much so that he can no longer safely care for himself or others, even while just walking around.

The DUI standard of intoxication remains somewhat nebulous and the subject of much debate—both scientific and political. California sets a per se BAC limit of .08 for drivers. But most experts agree that some people who are sensitive to alcohol can become impaired at a much lower level, in some cases as low as a .02 BAC. On the other hand, some individuals with a higher tolerance for alcohol can maintain sober-like faculties at a .10 BAC or higher.

In any case, one doesn’t need to be drunk to fall within the purview of California’s DUI laws. A low to moderate degree of intoxication can trigger and arrest and possible conviction. “Drunk driving” is therefore a misnomer. “Impaired driving” would better describe the standard.

Penal Code 647f, by contrast, is triggered only when the suspect is flat-out drunk. One could be well within the range of intoxication for DUI purposes, but well below the range for “drunk in public” purposes. This difference in standard makes sense. A person could create a hazard just by walking around in public sufficiently inebriated. But that hazard exists much sooner when the person combines alcohol and driving.

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The Marine Corps Times reported in an article on January 6, 2009, that Lance Corporal Quintin Garza, 21, pleaded not guilty to California DUI charges stemming from a fatal New Year’s Day crash on a San Diego County road.

Prosecutors allege that Garza was driving through a winding stretch of El Camino Real near Rancho Santa Fe when his vehicle collided with a parked SUV owned by Gaudencio Reyes-Quintana. Reyes-Quintana’s vehicle was stuck in the mud, and California Highway Patrol officers believe that Reyes-Quintana was standing outside of the vehicle when Garza crashed.

Garza’s attorney notes that the vicinity was foggy that night with areas of drizzle, which along with curvy roads and limited sight lines may have contributed to the car accident. Garza himself was unconscious when police officers arrived at the scene.

Continue reading "Camp Pendleton Marine Pleads Not Guilty To DUI Crash" »

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The Los Angeles Times reports that on December 13, 2008, Ventura County prosecutors charged screenwriter Roger Avary with gross vehicular manslaughter. Avary pleaded not guilty to manslaughter and other charges which arose from a January 2008 single-car collision on a rural Ojai road.

According to the prosecution, late on January 13, 2008, Avary missed a turn and crashed his vehicle into a telephone pole. The impact killed one passenger, Andreas Zini, a family friend; and injured another passenger, Avary’s wife Maria.

Avary has been charged with manslaughter and two felony counts of causing bodily injury while intoxicated. Gross vehicular manslaughter carries a potential prison term of 2 to 6 years, depending on the relevant circumstances of the case.

Continue reading "Pulp Fiction, Beowulf Screenwriter Charged with DUI" »

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The Los Angeles Daily News reports a decline in the number of DUI arrests in Los Angeles and Orange Counties over the holiday season. This decrease comes in spite of the holiday maximum enforcement policies undertaken by the California Highway Patrol (CHP)—both in the metro area and statewide.

In Los Angeles County, CHP reported 202 DUI arrests over the New Year holiday period, 30 less than last year’s total DUI arrest figures for the county. In Orange County, 11 fewer arrests were made for DUI during the holiday. These numbers follow a general trend of lower DUI numbers during the past year. Total DUI arrests for 2008 are 986, down from 1082 in 2007.

Continue reading "Holiday DUI Arrests Down from Last Year" »

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Ventura County DUI attorney Darrell York succeeded in getting a drunk driving case thrown out of court on Januray 30th after convincing the court that the original traffic stop was improper.

The client was stopped for allegedly weaving. He subsequently took a roadside breath test with results of .14 and .15 BAC. He was charged in the Ventura County courts with Vehicle Code 23152 (a) and Vehicle Code 23152 (b) driving under the influence.

Oxnard police had arrested the motorist on August 15, 2008, stating in the police report that he was observed weaving and tailgating. Ventura County DUI lawyer Darrell York cross-examined the officer at a California DMV hearing. The officer gave inconsistent testimony, saying he didn’t observe weaving but that the client was driving in an unmarked bicycle lane—a claim attorney York was able to discredit.

Attorney Darrell York visited the scene of the traffic stop, and discovered that there was no such “unmarked bicycle lane,” as the officer had testified.

In court, attorney York brought a Penal Code 1538.5 motion to suppress all evidence stemming from the traffic stop. The judge granted the motion, and the DUI case was then dismissed.

Prior to becoming a DUI defense attorney, Darrell York worked as a police officer himself and conducted more than 1000 drunk driving investigations. He routinely uses DMV hearings as a vehicle for cross-examining police officers and challenging their accounts of DUI arrests. This litigation tactic has led to some DUI cases being dismissed, and others settled on terms more favorable to the client.

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Elliott Rothman, a Pomona City Councilman, has been arrested recently by Pomona police and charged with driving under the influence of alcohol and/or drugs. According to a recent October 8 Pasadena Star-News article 50-year-old Rothman was stopped by police late Tuesday and booked on misdemeanor charges shortly after.

Details of the incident and the exact nature of Rothman’s act that lead to the arrest are not reported in the article and the Pomona City Manager’s office has not released a statement yet. It is understood that Rothman is a veteran city official, who has served in the City Council for 12 years.

This incident could certainly turn into a major setback for Rothman. Any time a city official, who most of us associate with upholding and enforcing the law, is accused of breaking the law, he or she is placed in a vulnerable position. This arrest is definitely tarnished Rothman’s reputation. The course this case takes could depend on the nature of the incident and the seriousness of the charges. The fact that this is a misdemeanor indicates that there were no serious injuries involved in the incident, which led to his arrest.

Rothman would be well-advised to seek the counsel of an experienced Southern California drunk driving defense attorney. If you have been arrested and accused of driving under the influence, we can help you. A DUI conviction could result in suspension of your driving privilege, hefty fines and penalties and possibly jail time. Repeat offenders will face even more serious consequences. Call us today to schedule your free consultation and discuss your legal options.

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Ventura Sheriff’s deputies have arrested 18-year-old Matthew Kusmuk on suspicion of driving his vehicle under the influence of alcohol and dragging a woman behind a car, the Ventura County Star reports. Kusmuk has been charged with DUI and assault with a deadly weapon – the weapon in this case being his vehicle.

The 38-year-old woman suffered injuries after she was dragged by Kusmuk down the 500 block of Merritt Avenue in Camarillo, officials said. The woman, who walked into St. Johns Pleasant Valley Hospital, had injuries on her body consistent with someone who had been dragged, the article stated. The woman had reportedly been holding on to Kusmuk’s car during an argument with friends to prevent them from getting away when Kusmuk drove off and dragged her with her vehicle. Kusmuk was arrested later that night based on the woman’s complaint.

Drunk driving cases may be charges as misdemeanors or felonies. A felony is a more serious charge. You could be charged with felony DUI if the incident involves major or even moderate injuries to others. If your DUI accident involves fatalities, then you could be charged with vehicular manslaughter. In some cases DUI defendants, who have had prior DUI convictions, face murder charges in connection with fatal accidents.

If you have been accused of driving under the influence of alcohol, recreational drugs or prescription drugs, please consult an experienced and knowledgeable Southern California drunk driving defense attorney immediately. You stand to lose your driving privilege, your freedom and even your livelihood if you are convicted on DUI charges. Please do not try to handle your DUI charges without the guidance of a skilled criminal defense attorney. The consequences of attempting to do so may be catastrophic.

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A 27-year-old man was arrested on drunk driving charges in Santa Ana after he struck and injured a police officer, The Orange County Register reports. According to Santa Ana police officials, the officer was outside his squad car talking to victims of an unrelated crime in the early hours of October 19, when Francisco Jimenez, who was traveling north on Bristol Street lost control of his car and struck the officer.

Jimenez was reportedly trying to turn into a parking lot, but instead, hit a curb, caromed off the officer’s car and then hit the officer. The Santa Ana police officer, whose name was not released, suffered injuries. He was taken to an area hospital and released. Jimenez was arrested on suspicion of drunk driving.

The news report does not say what caused officials to believe the driver, Jimenez, was intoxicated other than the fact that he lost control of his vehicle and struck the officer. What was his blood alcohol content? Did an arresting officer conduct a breath test or field sobriety test, which helped him or her determine that Jimenez was drunk? Did Jimenez undergo a blood test after the incident, which showed a blood alcohol level of 0.08 percent or higher, which is the legal limit in the State of California?

All these are questions that an experienced and knowledgeable Southern California drunk driving defense attorney will ask and seek answers to. We have been able to get acquittals for many of the clients we defend by determining what police officers didn’t do right during DUI arrests, what they missed and what they failed to observe or understand. It takes a skilled DUI defense attorney to detect the weaknesses in the prosecution’s case and build a winning defense. If you or someone you know has been accused of drunk driving, please call us for a free consultation.

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A new website now provides the most comprehensive information on Nevada DUI law and the process of fighting a Las Vegas DUI charge: www.las-vegas-dui-defense.com.

Among the site’s features:

20 Strategies for Beating a Las Vegas DUI . Discusses a variety of drunk driving defenses, from improper traffic stops to failure to give Miranda Warnings to GERD and mouth alcohol contaminating the breath test device.

What to Do Following a Nevada DUI Arrest . Explains 10 critical steps a person should take after being arrested on a Las Vegas DUI charge. The authors suggest immediately making an itinerary of what the driver ate and drank leading up to the DUI arrest, and gathering receipts and other documentation.

Nevada DUI Law . Explanation of the Nevada DUI statute, and the three bases on which a person could be convicted of drunk driving in that state.

Out of State Residents with a Nevada DUI. A good portion of DUI arrests in Las Vegas are of tourists, conventioneers and other visitors. Advises non-residents of how to contest a Las Vegas DUI charge without having to return to the city.

Nevada DUI Penalties . Outlines penalties for first, second and third offense drunk driving convictions in Nevada.

Nevada DUI Internet Resources . Listing of websites on Nevada DUI schools, traffic schools, courts and police agencies.

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A Palm Springs man could be on the hook for more than just felony DUI – his ill-fated driving spree cost 1,000 Southern California Edison customers their power when he crashed his Mustang into a power pole. Though Noel Hernandez Montes has not yet been convicted of felony DUI, he was suspected of driving under the influence when his car rolled over, downing a power pole and several power lines. Montes did not injure any other drivers during his wild ride, but he did get himself into a whole lot of legal trouble.

If convicted, Montes could face criminal and civil charges related to the DUI and the outage. In addition for being responsible for repair costs for the power poles and lines, he could face penalties for the outage and any problems it may have caused for power customers. This is just one example of a situation in which a seemingly straightforward DUI case can get complicated. One can only hope that Montes has obtained an experienced California DUI attorney to help construct a legal case designed to safeguard his rights, his freedom, and his money.

Every DUI case is different and involves different circumstances, parties, and legal elements. Montes could have to deal with insurers, representatives of the power company, attorneys for affected parties, and the law. This highlights the importance of the right California DUI lawyer to negotiate between parties and keep you out of jail. Handled properly, DUI penalties can be significantly reduced, protecting your license and keeping you out of jail. Neil Shouse & Associates has DUI lawyers who are experienced, aggressive, and sympathetic towards our satisfied clients. Why go it alone when you could face jail time, loss of license, and heavy fines? Turn to Neil Shouse & Associates instead. Fight your DUI accusation with confidence – call Neil Shouse & Associates today for a free, confidential case consultation.

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A South Bay DUI crackdown resulted in 20 percent more DUI arrests, reports the Mercury News. In 2006, 716 arrests were made of drivers suspected to be operating their vehicles while under the influence of alcohol and drugs; the figure rose to 859 between December 14 and January 1. The California Highway Patrol’s holiday crackdown put large numbers of officers on the roads, with 80 percent of the Patrol’s officers deployed along with “roving DUI units” designed to track down potential DUIs.

Among Bay Area law enforcement, San Jose police led the arrest count, with Palo Alto and Morgan Hill police departments following closely behind. Unfortunately, there was one alcohol-related death on the road during the crackdown period when Palo Alto man Enrique Tejada died during a Christmas Eve wreck. However, this number is smaller than in 2006, which saw four DUI-related deaths during the enforcement period.

Increased enforcement during holiday periods is no anomaly to California residents, who are used to hiked-up patrols at times when holiday parties and irresponsible drinking often drive accidents and DUI-related deaths. However, the increased action on the part of CHP and local law enforcement reflect a broader attempt to crack down on California DUI cases. And California’s own DUI laws are among the toughest in the nation, requiring mandatory jail time, increasing in severity with every offense, and endangering convicted DUI drivers’ careers and reputations.

If you’ve been accused of a California DUI, act immediately to protect your rights and your license. Call Neil Shouse & Associates today. Our experienced and aggressive attorneys know what it takes to free you from all DUI charges, negotiate repeat charges, and work within the often-confusing California DUI system. We’re committed to protecting the freedom and personal rights of each and every DUI client. Call today – a phone consultation is free and confidential.

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Recent reports indicate that the California Highway Patrol will ramp up patrol efforts along the I-15 corridor in an attempt to get a handle on drunk drivers, speeders, and those who fail to properly use seat belts and proper restraints while driving. The crackdown effort will focus on the I-15 corridor that stretches from Nevada to northern Riverside County and will involve speed traps, increased police activity and even air patrols.

According to a recent report by the San Diego Union-Tribune, there were over 130 deaths and nearly 7,000 accidents on that very stretch of I-15 in a single year. The injury, death and property damage toll has prompted the CHP to take action, cracking down on irresponsible drivers. Approximately 18,000 vehicles are thought to take the route daily.

Though the CHP’s action is expected to last only for two days, it is indicative of increasing concern on unsafe driving and DUI behavior on California’s roads. As you may know, California has one of the most draconian sets of DUI laws in the country, and takes both speeding and driving under the influence very seriously.

Possible consequences of a DUI conviction can include losing your license, spending time in jail, facing expensive fines and insurance rate hikes, and newspaper and press exposure that can sully your reputation and make it hard to find a job or do business in your town. The DUI hearing that occurs after your arrest is the most important legal appearance you’ll make in your California DUI case, and it pays to have an experienced California DUI lawyer by your side as you appear before the DMV.

Neil Shouse & Associates is committed to freedom and civil rights for its DUI clients. We know what it takes to fight and win your DUI case. Call today for a free consultation.

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Lieutenant Deborah Pierce, a California Highway Patrol officer working for the Bakersfield division, was pulled over and arrested on drunk driving charges while driving on Highway 99. The officer, who wrecked her car, did not hurt any others while on the road. News reports state that she will face misdemeanor DUI charges. There is no word yet on whether Pierce, who has served with the CHP for over 17 years, will be stripped of her CHP position.

Pierce isn’t the only Highway Patrol officer who has faced legal heat for driving under the influence in recent years. In late 2006, a high-ranking Division Assistant Chief was arrested on DUI charges. He had been a long-time advocate of DUI education and ending California drunk driving. Maples was given administrative leave after his arrest.

Unfortunately, California’s Highway Patrol is no stranger to questionable behavior by high-ranking officials. But Pierce’s pullover goes to show that nobody is exempt from California’s hard-hitting DUI laws. Though administrative leave or loss of job is a real possibility for Pierce, that’s just the tip of the iceberg for how a DUI can affect your long- and short-term prospects.

Not only does a DUI endanger your freedom by potentially costing you your license, but it can cost you over time by adding a mark to your permanent record, raising insurance rates, costing money in penalties and fines, and even requiring imprisonment. That’s why it’s so important to consult with an experienced DUI attorney as soon as you’re charged with DUI. The right DUI lawyer knows the system and can defend you capably and aggressively.

Neil Shouse & Associates have what it takes to defend your DUI. Interested in a free consultation? Time is of the essence. Call us today for more information on how we can preserve your right to drive and get you out of a sticky DUI situation.

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Having successfully completed an intensive seminar about field sobriety tests, where I, as a los angeles criminal defense attorney, acted as a cadet in the police academy, learning how to administer the tests; I now have a very different viewpoint of these tests.

Having learned how to administer and take the tests, I now have first hand knowledge as to how many possible ways these tests can be viewed, how potentially difficult they are to do completely sober, and how the officer may not always be correct or precise in his evaluation of them.

Bottom line, they are not always a correct indicator as to the legal level of intoxication, and to whether the person is really DUI.

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A 40-year veteran officer of the Los Angeles Sheriff’s Department is facing misdemeanor drunk driving charges. According to an article in The Los Angeles Times , Michael Aranda, a 62-year-old division chief was arrested the night of June 12 on the 14 Freeway on suspicion of driving his county-issued car while under the influence of alcohol and while he was off-duty.

Aranda, who supervised the sheriff’s department’s crime lab and computer systems, was put on paid administrative leave two weeks ago after that freeway incident when 911 callers reported that Aranda was driving the county issued Chevy Impala erratically. Many sheriff’s executives are issued a car by the county for the purpose of driving to and from work. The Times article states that Sheriff Lee Baca ordered him to be placed on administrative leave after finding out that the Department of Motor Vehicles had suspended the deputy’s driver’s license. Aranda himself has agreed to submit his resignation and will get paid until Oct. 16.

This investigation reportedly took more than three months to be completed. Still police and the district attorney’s office have declined to reveal the officer’s blood alcohol content. The Times article also states that Aranda was arrested because he “appeared intoxicated” when officers stopped him.

This story is a clear example of how a drunk driving arrest can have an immediate and direct impact on your career. All these events – suspension of driver’s license, being put on administrative leave – occurred even before this officer was convicted of the DUI. That’s why it’s vital for anyone who has been arrested on suspicion of drunk driving to immediately contact an experienced California DUI attorney, who not only has a thorough knowledge of the law, but one who can represent you in a DMV hearing. The outcome of that hearing will determine whether you get to keep your driving license or not.

Every step you take and every decision you make in a DUI case can affect your future. Don’t make these decisions alone. If you or a loved one is facing a DUI charge, call a Southern California Drunk Driving attorney immediately to schedule an appointment to discuss your case.

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Prosecutors in Cook County, Chicago, are looking into whether an officer hailed as “top cop” for making a record number of DUI arrests, followed the correct procedure in administering field sobriety tests or Breathalyzer tests. According to a news report in the Chicago Tribune prosecutors dropped 50 misdemeanor cases stemming from arrests made by Officer John Haleas. About 500 more cases are under review, the article said.

The investigation began after two prosecutors in training rode along with the officer in April 2005. Not only did they see that Haleas did not give the man he stopped on suspicion of a DUI a field sobriety test, but also he did not make the man aware of his rights to decline a Breathalyzer test. Officers are also mandated by law to observe a suspect for 20 continuous minutes before giving the exam, but Haleas did not do that either, the article said.

The police department reportedly conducted an internal investigation, found that there was misconduct on the part of the officer. He was penalized with a one-day suspension and reassignment to desk duty. The article also says Haleas made 718 arrests in 2005 and 2006, more than any other officer in the entire state of Illinois. He was a two-time winner of the “Top Cop” award from the Alliance Against Intoxicated Motorists. Now it seems prosecutors will drop not only hundreds of misdemeanor cases involving this officer, but also many felony cases that carry a harsher punishment.

As DUI defense attorneys, we know that this officer in Chicago is probably not the only one in the country who does not follow proper procedure in DUI arrests. Research by the National Highway Transportation Safety Authority (NHTSA) has shown that many police officers themselves don’t understand how to administer field sobriety tests. Breathalyzer exams are also highly questionable.

When a police officer does not follow proper procedure as in this case, not only are innocent people put in jail or penalized heavily, but people who are really guilty of drunk driving are going to be let off the hook because the officer’s credibility is in question.

If you or a loved one has been accused of a DUI, call a Southern California Drunk Driving defense attorney to discuss your legal options. We will make sure your side of the story is heard and help you fight your DUI charge.

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A 26-year-old Ramona woman was arrested for the fifth time in sixth months on a drunk driving charge, a news report in the San Diego Union Tribune states. According to the article Tiffany Adamo has been arrested during stops and was once even found passed out in her car behind the wheel and blocking traffic. Adamo bailed out each time she was arrested and none of her cases have reportedly gone to trial yet.

In the most recent incident that led to her arrest, Adamo was driving at a local shopping center when she crushed a 7-year-old boy against his mother’s car. Fortunately the boy was not injured seriously. Adamo even tried to leave the scene, but was stopped by the boy’s mother who blocked her path and wouldn’t let her go, the Union Tribune reported.

The report also provides more interesting information about Adamo. She had no criminal record before her DUI arrests. According to family members who were quoted in the article, she was a kind-hearted woman who did well in school, attended community college and was even engaged to be married. Police however found that she possessed prescription narcotics and found her to be under the influence of a medication described as a “central nervous system depressant.”

It could take weeks before we find out exactly what drugs were in Adamo’s system. But the question is if she did not have a criminal record, why didn’t she get the help she needed before the situation got out of hand. Why wasn’t she offered the option of going into rehab or a sober living facility?

Southern California Drunk Driving defense attorneys have not only had a high success rate with acquittals in DUI cases, but in many instances we have also helped clients avoid jail and get the help they need to become clean and sober. We’ve found that very often, addicts need a nurturing environment where they can recover from their addictions. Jail or prison won’t help.

If you or a loved one has been accused of driving under the influence of alcohol or drugs, call a Southern California Drunk Driving defense attorney to discuss your legal options. A DUI charge does not automatically mean jail time. You have other options. Call us for a free consultation.

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Southern California DUI Defense, one of the premiere Los Angeles County law firms, recently welcomed two new DUI attorneys. Long Beach DUI Attorney Lynda Westlund is joining the Long Beach office and will be practicing drunk driving defense throughout Orange County and the South Bay, including Newport Beach, Anaheim, Fullerton, Torrance and Whittier. Lynda had been a successful Los Angeles County Public Defender, and had gone into private practice in order to devote more time to her clients and cases.

Beverly Hills DUI Attorney Dana Raz has joined the Los Angeles office. Dana has experience working for both the Los Angeles District Attorney and the Los Angeles City Attorney. She served as an intelligence analyst in the Israeli Defense Force prior to coming to the United States and pursuing a legal career. Dana will be serving the Los Angeles Metropolitan courthouse, the LAX courthouse and the Beverly Hills courthouse.

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It was a “freeway chase” that was more like a funeral procession involving police cars rather than a wild pursuit with unpredictable twists and turns. This July 6 pursuit lasted 90 minutes from the San Fernando Valley to Kern County and in the end of it all, police arrested 50-year-old Diane Louise Simpson of Reseda on suspicion of driving under the influence of alcohol.

According to an Associated Press news report, this was Simpson’s second DUI arrest in about a year. Simpson didn’t give in even after a patrol car, into an hour of pursuing her, bumped her car and spun it around. Her car came to a stop, but she started the engine and continued on, according to news reports. It all began with an illegal U-turn. Officers tried to stop her for what was a minor traffic infraction, but she refused to stop and drove away, the article reported.

Continue reading "DUI Arrest For Woman Leading Police On Unusual Chase" »

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A Los Angeles Police Department officer, who does DUI and traffic enforcement himself, got arrested last week when he was off duty, on suspicion of driving under the influence of drugs, according to a news article posted in the Los Angeles Daily News.

The 27-year-old officer, Brian Lawrence Gossh, called the charges “ridiculous” and says the arresting Los Angeles County Sheriff’s deputies performed an unlawful arrest, which he intends to challenge in federal court. Gossh was arrested July 1 in an Arleta intersection after he reportedly swerved to avoid hitting another motorist who Gossh says, suddenly applied his brakes. A passing deputy who saw this near accident stopped Gossh’s car. No one was reportedly injured.

Continue reading "LAPD Traffic Officer Charged With DUI" »

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This is an unusual one. Police in Orange Beach, Ala., were shocked to find that the Chevrolet Monte Carlo they were involved with in a high-speed chase was actually being driven by a 11-year-old girl, according to an Associated Press news report posted on the Seattle Times’ Web site. More unusual, the girl was obviously intoxicated, officials said. Just how drunk? Well, police say her blood alcohol level was high enough to get an adult a DUI charge.

The girl, whose name was not released because of her age was not seriously injured, but was treated at a hospital for scrapes and bruises and released to relatives, according to the article. The 8-mile pursuit reached speeds of 100 miles and ended when the girl’s vehicle flipped. Police realized who was in the vehicle only after they looked inside with guns drawn. Police said they expected to see a hardened criminal, not a young girl. The girl was charged with driving under the influence of alcohol, speeding, reckless endangerment and leaving the scene of an accident. Officials said the girl sideswiped a vehicle during the chase.

Continue reading "High-Speed Chase Ends With DUI Charge For 11-year-old" »

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California, known more perhaps for its number of freeways and the cars on them, is also getting a lot of credit for its recent work in limiting drunken driving.

According to an article in The Sacramento Bee , which reported on the results of a newly completed study by the U.S. Department of Transportation, federal investigators find California pulling well ahead of other states like Florida, Missouri, South Carolina and Texas in terms of reducing DUI numbers on its roads. The Congress-mandated study, the first of its kind, compared the effectiveness of different states in fighting drunken driving.

California scored well in channeling its considerable resources into innovative DUI reduction programs that include targeting areas with increased impaired driving activity, the use of special drunken-driving task forces and additional online innovations.
The success of its programs has Chris Cochran, a spokesman for the California Office of Traffic Safety commenting, “Other states do come to us, to see how we do things. We all trade ideas back and forth.”

The number of drunk driving related fatalities in 2005 was 16,885 people, nationally. The fatality figures, taking into account the number of drivers and highway miles, were 0.52 deaths in California for every 100 million vehicle miles traveled, 0.73 deaths in Florida, 0.75 deaths in Missouri and 0.94 deaths in South Carolina.

Continue reading "Smooth Start To California’s DUI Reduction Story" »

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A couple of weeks ago, drug company Sepracor announced that its earnings have fallen this year. While their press release didn’t say why, one reason is easy to guess: A major product for Sepracor, the sleep aid Lunesta, has generated a storm of negative publicity recently. Like Ambien, which I wrote about here recently, Lunesta is often reported to cause people to do strange things in their sleep that they don’t remember on waking -- including driving while asleep. Like Ambien, Lunesta is implicated in an increasingly large number of DUIs. And studies show that Lunesta is longer-acting than Ambien, meaning it takes longer to clear your system. This opens early risers to the possibility of being cited for driving to work while technically intoxicated -- from something they took more than eight hours before.

Interestingly, according to this article in the New York Times, a 1998 study published in a British medical journal called The Lancet makes a direct connection between car accidents and zopiclone, the chemical parent of Lunesta (whose generic name is eszopiclone). If this is also true of eszopiclone and other variants on the drug, Sepracor and other companies that market these sleep drugs owe us some very severe warnings on the label!

Legally speaking, you have a good chance of defending yourself from a DUI caused by Lunesta. Just like Ambien, Lunesta causes people to do things they don’t remember in their sleep -- which means that those who drive under the influence of Lunesta are not voluntarily choosing to drive. Under the law, you must intend to drive in order to be charged with a DUI. However, past cases suggest that not following safety instructions could hurt your case. For example, labels advise against combining Lunesta and many other sleep aids with alcohol, precisely because you’ll be significantly more impaired afterward. That means if you voluntarily chose to combine them, you may not be able to dismiss your case. And because sleep aid makers also instruct you to make sure to leave enough time to get a full night’s sleep, you may still be on the hook for early-morning driving under the influence of Lunesta -- depending on how long it’s been since you took it. As always, a skilled DUI defense attorney can help you break down the particulars of your case and fight a DUI you truly didn’t deserve.

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Are you sick of Paris Hilton’s DUI yet? I’m sure she is. A small but significant part of her problems was her failure to sign up for alcohol education classes, which are required after a conviction for every type of DUI in California. Not signing up will almost certainly make you look bad to a judge, but more importantly, it opens you up to all kinds of consequences that you’d probably rather avoid -- including jail.

There are actually three types of alcohol classes in California, which are unhelpfully called by the names of the state laws that created them. The kind Hilton got are called SB 1176 classes, and they’re for people who weren’t technically convicted of driving under the influence -- Hilton got her charge reduced to reckless alcohol-related driving (also called “wet reckless”). You can generally plead to this in cases like hers where you have no prior convictions, nobody was hurt and your BAC wasn’t outrageously high. It’s not a DUI conviction, but it counts as a prior DUI conviction if you’re ever stopped for a DUI again. Because Hilton got probation, she also had to sign up for the SB 1176 classes within 22 days. SB 1176 classes take 12 hours to complete and they’re usually broken up over several days. You have to pay for them yourself, at a cost of $200 to $300.

If a first-time offender isn’t able to plead to recklessness and gets a first DUI conviction instead, he or she will be sentenced to AB 541 classes (among other things). The judge has discretion as to whether you get three, six or nine months. Again, you’re required to pay for it yourself, at a cost of around $400 to around $1000, depending on the program and how long you have to be in it. Private providers approved by the state run the classes, so how they break down depends on where you are, but you can expect alcohol education as well as group and individual counseling.

People who have been convicted of more than one DUI within seven years get SB 38 classes, which take one to two and a half years to complete, and cost at least a thousand dollars. Even if a judge doesn’t sentence you to SB 38 classes, you will still have to complete them to reinstate your license (a license suspension of two to five years is mandatory for a multiple DUI offender). Again, you get group counseling, individual counseling and alcohol education; you might be strongly encouraged to attend 12-step program meetings as well.

These classes are not fun -- or for that matter, cheap. In fact, if you look at all the costs of a DUI -- fines, court costs, car insurance rate hikes, finding alternate transportation if your license is suspended, and possible loss of your job -- they’re actually more expensive in many cases than the cost of hiring a lawyer. A good DUI lawyer isn’t cheap either, but he or she can get the charge reduced or dismissed altogether, and significantly decrease some of the penalties associated with a DUI, including non-financial penalties like losing your license. To talk to us about how we can help defend your DUI charge in Los Angeles, Orange County and the Inland Empire, give us a call or click here to fill out a case evaluation form online.

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Millions of Americans suffer from insomnia, which explains why more than 26 million prescriptions for a sleeping medication called Ambien were written in 2005. Unfortunately, there is increasing evidence that Ambien’s popularity comes with a dark side: Users report doing strange things in their sleep and remember none of it in the morning. Ambien users have been found by loved ones and strangers sleepwalking; eating the entire contents of the fridge, including strange things like buttered cigarettes; and most dangerously, driving in their sleep.

Unfortunately, this means our nation has seen a rise in Ambien-related DUIs. In fact, the Wisconsin Law Journal reported that Ambien is in the top 10 most commonly detected drugs in many state toxicology labs. A reference to Ambien-related sleep-driving even made it into a recent episode of The Simpsons. People arrested for a DUI under the influence of Ambien don’t usually remember getting in the car and driving; in fact, they’re generally people who previously had spotless driving records. In response, the FDA announced in March that it wanted makers of Ambien and other insomnia drugs to make the warnings that come with these medications increasingly dire.

Because the law requires DUI to be voluntary -- that is, you have to know you’re under the influence and choose to drive anyway in order to be charged with a DUI -- people arrested for Ambien-related sleep-driving may be able to get their DUI charges lessened or dismissed altogether with the help of an experienced DUI attorney. There aren’t many reports on the results of Ambien DUI court cases yet, but having no prior DUIs would certainly help. Consuming alcohol or nonprescription drugs along with the Ambien might hurt your case -- if you remember doing it.

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In what has turned out to be a landmark DUI case, deputies in Orange County, Florida, finally made an arrest last week in a deadly DUI crash that happened near the University of Central Florida in October 2006, according to a news report in Central Florida News TV’s Web site.

Investigators now say 20-year-old Malcolm Barnes was huffing a legal chemical before the fatal crash. Barnes is charged with DUI manslaughter and vehicular homicide. This is the first DUI manslaughter case connected with huffing.

When Barnes crashed his vehicle head-on into a motorcycle, killing the rider, officials said they thought he had been driving under the influence of alcohol. Detectives knew Barnes was high when he went the wrong way down Alafaya Trail and threw 19-year-old Andrew Brannon off his motorcycle and dragged him to his death in October.

So as part of their investigation, they drew blood and sent it off to a lab. When officials received the results of the test, they did not coincide with how the suspect was acting the night of the crash. Officials said they went back to take a closer look at Barnes’ vehicle and found canisters of 3M Dust remover. That led investigators to believe that this could be a huffing case.
Huffing is the intentional inhalation of a chemical substance in order to get high. Officials say it’s a disturbing trend on the rise, especially among teenagers and young people. Most huffing substances can easily be found in homes. The dust remover, for example, is a product most people with computers own. And while these substances can easily be bought in a store for their intended use, they are still dangerous and treated as illegal substances when abused.
Those who inhale these substances risk losing their lives the first time they attempt huffing. Or as in the case of Oct. 6, they could put someone else’s life in jeopardy. Those who inhale these substances could also be arrested for driving under the influence of a substance – be it legal or illegal.

Continue reading "Fatal DUI Crash Caused by Man Huffing Legal Chemical" »

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A Cincinnati police officer who recently received an award from Mothers Against Drunk Driving was arrested last week in Aurora, Ind., on drunken-driving charges, according to a news report in the Cincinnati Enquirer.

Aurora Police charged Officer Charles Beebe, 54, with driving while intoxicated and driving while intoxicated with a blood-alcohol level between .08 and .14. Beebe's blood alcohol was .08, according to the arrest report. A driver is considered to be legally drunk in Indiana with a blood alcohol of at least .08.

Aurora Officer Jared Dausch said in his arrest report that he was parked on Indiana’s Highway 56 when he saw a sport utility zip by at a high rate of speed. The female driver of a car following the SUV pulled alongside the officer and told him that the SUV driver was going to cause an accident, he said in the report. The female driver also told the officer that the SUV “passed her and ran two vehicles off the road,” the officer stated. Dausch then pursued the SUV and stopped it. Once he made the stop, the officer administered a field sobriety test on Beebe, which he failed, the report said. Beebe then agreed to a chemical test.

He was booked into the local county jail. Beebe is a 32-year veteran of the Cincinnati Police Department. He was promoted to specialist in 1990. Earlier this year, Beebe received a Top Cop award from MADD's Southwest Ohio chapter at the group’s annual luncheon. The group released a statement Thursday saying it was disappointed to learn of Beebe’s arrest especially because they had honored him recently for getting drunk drivers off the road.

A Cincinnati police spokeswoman wouldn't provide Beebe's specific salary but said the salary range for Cincinnati police specialists is $58,484 to $60,263 annually. She also said Beebe “will be assigned to desk duty, with police powers suspended, pending the outcome of his court case.”

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