DUI Blogger

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.

Posted by Neil Shouse | Permalink | Email This Post

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

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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.

Posted by Neil Shouse | Permalink | Email This Post

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!

Posted by Neil Shouse | Permalink | Email This Post

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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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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Posted In: DUI , News & Information

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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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Posted In: DUI , News & Information

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

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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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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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Posted In: Checkpoints , DUI , News & Information

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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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Posted In: Checkpoints , DUI , News & Information

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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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Posted In: Checkpoints , DUI , News & Information

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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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Posted In: DUI , News & Information

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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" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , DUI Consequences , News & Information

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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" »

Posted by Neil Shouse | Permalink | Email This Post

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

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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…

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , News & Information

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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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Posted In: DUI , News & Information

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We’ve talked quite a bit about the increase in California DUI sobriety checkpoints and other DUI patrols due to the holiday season. The fact is that boaters should be more cautious of increased patrols as well.

A common California holiday tradition includes boat parades. People decorate their boats with holiday lights and other festive decorations and then tour harbors, bays, and lakes, displaying their designs. San Diego, Newport, and Ventura are just a few of the cities that routinely partake in this tradition.

People who participate in these parades are often drinking, enjoying the festivities and holiday spirit. But boaters beware…boating under the influence is a crime under California Harbors and Navigation Code 655.

Continue reading "Boaters Beware of Holiday BUI Busts" »

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Posted In: Boating Under the Influence , News & Information

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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.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: Checkpoints , DUI , News & Information

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

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

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

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

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , DUI Consequences , News & Information

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

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

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

Continue reading "Thanksgiving Weekend California DUI Sobriety Checkpoints" »

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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!

Posted by Neil Shouse | Permalink | Email This Post

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

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

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

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

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

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Posted In: Driving Without a License , News & Information

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

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

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

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

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

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

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

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

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

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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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Posted In: DUI , DUI Consequences , News & Information

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

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

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

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

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Posted In: DUI , News & Information

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

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

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

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

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

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

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

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

Continue reading "2009 California DUI Laws" »

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

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

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

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

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

Continue reading "Murder Charges Dropped" »

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Posted In: News & Information , Vehicular Manslaughter

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

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

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

1. you were placed on probation,


2. you successfully completed that probation,


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


4. and you have no other pending criminal charges.

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

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

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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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Posted In: DUI , DUI Consequences , News & Information

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

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

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

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

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

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

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

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

Gotta love the hypocrisy embedded in the California justice system…

Posted by Neil Shouse | Permalink | Email This Post

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

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

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

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

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

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

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

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

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

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

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

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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.

Posted by Neil Shouse | Permalink | Email This Post

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

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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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Posted In: DUI , DUI Consequences , News & Information

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

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

California offers no similar first time DUI penalty.

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

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Posted In: DUI , DUI Consequences , News & Information

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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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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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Posted In: DUI , News & Information

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

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

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

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

Continue reading "One for the Road…" »

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Posted In: DUI , DUI Legislation , News & Information

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

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

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

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

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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" »

Posted by Neil Shouse | Permalink | Email This Post

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

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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.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , DUI Consequences , News & Information

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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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Posted In: DUI , News & Information

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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.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , DUI Legislation , News & Information

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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.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , DUI Legislation , News & Information

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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.

Posted by Neil Shouse | Permalink | Email This Post

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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.

Posted by Neil Shouse | Permalink | Email This Post

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

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

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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" »

Posted by Neil Shouse | Permalink | Email This Post

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

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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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On January 2, 2009, actress Heather Locklear pleaded no contest to a charge of misdemeanor reckless driving, reports TMZ.com. Locklear’s no contest was delivered as part of a plea bargain which resulted in the dismissal of DUI of drugs charges against the 47-year-old actress.

In September 2008, according to Reuters, a California Highway Patrol officer responding to a 911 call arrested the actress after finding her car blocking a traffic lane near Montecito. Breath tests failed to indicate the presence of alcohol, and she was charged with driving under the influence of drugs.

California law makes no real distinction between impairment caused by prescription medication such as anti-depressants and cold medicines, and impairment caused by illegal drugs such as cocaine or marijuana. Also, a California DUI drugs charge carries a more significant social stigma than drunk driving. Clearly a lot is at stake for anyone facing a DUI drugs charge.

Continue reading "Anatomy of a California DUI Case: Heather Locklear " »

Posted by Neil Shouse | Permalink | Email This Post

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

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Former Deputy Long Beach City Prosecutor Shannon Wiezorek has joined Southern California DUI Defense, one of the area’s preeminent DUI law firms. Ms. Wiezorek will be representing clients with Orange County DUI cases, Long Beach DUI cases, and clients accused of drunk driving throughout South Los Angeles and the South Bay.

Ms. Wiezorek spent several years as a Long Beach prosecutor, where she tried some 24 jury trials, including DUI and vehicular manslaughter cases, and prosecuted over a thousand misdemeanor DUI cases. She later served as a deputy district attorney for the county of Los Angeles. She was awarded the prestigious “Prosecutor of the Year” award in 2005.

The addition of Ms. Wiezorek goes along with the law firm’s strategy of using former prosecutors and former police officers to investigate and defend 23152 VC DUI and driving-related cases. The idea is, in defending DUI cases, to take advantage of the experience, knowledge and perspective gained from a law enforcement background.

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