DUI Blogger

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.

Posted by Neil Shouse | Permalink | Email This Post

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

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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" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , Medical DUI Defenses

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

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

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

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

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , DUI Consequences , Medical DUI Defenses

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

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

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

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

Posted by Neil Shouse | Permalink | Email This Post

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

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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?" »

Posted by Neil Shouse | Permalink | Email This Post

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" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , Medical DUI Defenses

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