Los Angeles Criminal Defense Attorney Blog

According to California Vehicle Code Section 23152(b), a motorist who drives with a blood alcohol concentration (BAC) of 0.08% or higher can be arrested and charged with a Southern California DUI. Often, drivers significantly exceed this minimum number. But how bad can it get? We’re going to discuss the levels of impairment that affect drivers as their BAC levels increase.

Between 0.03% and 0.05% BAC, reaction time is slow, and certain commercial drivers may be considered DUI at this level. The American Medical Association (AMA) has recommended that states lower their legal limit to 0.05%.

0.08% – As we just discussed, this is the cut-off for Southern California DUI.

0.10% - Most people begin to experience a significant loss of coordination and balance as well as failure of muscle control. Other states (not California) have this marker as their legal limit.

0.17% – According to statistical analyses, this is the average BAC for drivers who get into fatal collisions.

0.20% – At this level, drivers lose control over their emotions.

0.30 to 0.35% – Blackouts, incoherence, and complete disorientation can occur at this level.

0.50% – This could cause death.

0.74% – This is the highest BAC level ever recorded by a hospital in the United States.

0.914% – In December 2004, a Bulgarian man who hit a car was taken to a hospital and measured to have a 0.914% BAC. The doctors were so stunned by this measurement that they tried him with five different tests, which supported this amazing BAC reading.

1.23% – a Polish man that same month (December 2004) was astonishingly measured to have a 1.23% BAC. Some people doubt the veracity of this claim.

Since 0.5% BAC is usually enough to lead to death, it’s very rare that people who endure BAC levels of 1% or higher survive, but such incidences apparently do occur from time to time.

How Do Police Test for DUI in Burbank?

One common method is the blood test. This is considered the most accurate method, although, as we will see, it is not necessarily foolproof. A technician will extract blood from a suspect’s vein. The sample is then mixed with certain chemicals, which prevent the blood from clotting, and the blood is then analyzed using series of tests and then sent back to the Law Enforcement Agency for analysis.

Many Things can Go Wrong with DUI in Burbank Blood Tests.

For instance, the sample may not be sterile, or it may not be preserved or refrigerated. The skin could be contaminated by alcohol swabbed on the area to prepare for the blood test. Samples can be mixed up. Errors can be made with the chain of custody. Errors can be made with respect to the chemicals used to prevent clotting and the tests used to analyze the blood.

Of course, since blood tests are generally the most reliable methods to test for BAC, if you’ve been arrested for driving under the influence in Burbank (or elsewhere in Southern California), and your BAC blood test comes up positive for DUI, you may need immediate legal assistance.

Continue reading " What is the Highest Ever BAC Recorded for Someone Pulled Over for Driving Under the Influence in Southern California (or elsewhere)? " »

Nearly every week, news reports announce yet another Burbank DUI arrest. The story lines range widely. Sometimes, it’s a B-List celebrity stopped for speeding on the 101 and found to have a blood alcohol concentration of 0.15%. Other times, it’s a case of an 18-year-old actor who drives after drinking at a house party and winds up totaling his car on Lankershim Blvd. The details and names change. But the story remains the same.

So what’s behind this epidemic?

Scientifically, it may be impossible to say. But we can offer some informed speculation about what might be driving (so to speak) at least some of the Burbank DUI epidemic.

1. Rapidly changing traffic patterns

During the daytime, freeways like the 5, the 101, and the 405 get totally clogged. If you are on these freeways at the wrong time, you may be stuck literally for hours. However, after the traffic “thaws” and the sun goes down, cars suddenly can go at a much more rapid clip. This huge difference in driver behavior (between trafficky times and non-trafficky times) can create confusion and make roads in the Valley more difficult to navigate than roads elsewhere in L.A.

2. It’s easy to get lost.

Okay, the Valley is not exactly Boston: its traffic grid is at least somewhat intelligible. And if you make a wrong turn, you won’t have to drive three miles before getting back on track. But signage can confuse easily. Many areas (particularly along Ventura Boulevard) “look like one another.” As a result, you have probably a higher than average contingent of drivers who don’t know where they are going or who may be searching for directions while driving.

3. Increase in cell phone use in automobiles.

Think back ten years ago. A few people in Burbank had cell phones and pagers and such. But today, cell phones are nearly ubiquitous. Despite California laws forbidding drivers to use mobile devices unless they use hands free headsets, the practical reality is that lots of drivers still talk on their phones by holding them up to their ears. This makes them more distracted and more likely to get into accidents. Thanks to the increased distractibility of drivers, the probability of Burbank DUI crashes goes way up.

4. Burbank is home to a lot of “out of the way” nightspots and clubs.

When you look at party areas of the city of Los Angeles -- such as the Sunset Strip in West Hollywood and Mainstreet in Santa Monica -- these places can be dangerous, sure, but they are at least concentrated in a relatively small location. In the Valley, things are different. Places to drink in Burbank are more spread out. As a result, drivers who hop from club to club or from party to party may be more likely to get into their cars, thus increasing the likelihood that they will get into a Burbank DUI accident or be subject to arrest for DUI in Southern California.

Two California Vehicle Code Sections define what it means to be DUI in Southern California -- sections 23152(a) and 23152(b). 23152(a) lays out the definition and potential punishments for California DUI. 23152(b) stipulates that if you drive a car, truck, or motor vehicle with a blood alcohol concentration (BAC) of 0.08% or above, you can be arrested for DUI.

So, with that lecture on the law and discussion of potential causes of DUI in Pasadena and Burbank and elsewhere in the Valley behind us, let’s turn our attention to legal defenses:

What should you do if you or a family member has been arrested for DUI?

Continue reading " Why Burbank DUI Accidents Happen -- And Steps You Can Take to Avoid Them " »

Most Southern California DUI news stories and blog posts report only on the latest headlines. But sometimes the most important stories percolate for weeks without getting due attention. To that end, let’s examine relevant developments that could impact your driving and your safety.

1. CHP will serve over 6,000 warrants for individuals who’ve ignored DUI court appearances.

According to official sources, the California Highway Patrol is going to serve 6,000 warrants for drivers who were caught driving under the influence in Southern California and elsewhere throughout the state who did not show up for court appearances. These warrants should be out by September 30th. Individuals who have outstanding warrants can turn themselves in. Celebrities are not exempt from this hunt. As this blog reported, Jani Lane, former lead singer of the band Warrant, was issued a warrant last month for failing to show up to a Los Angeles DUI hearing.

2. Increase in traffic fines may be impacting Southern California road safety.

On January 1st, 2009, the California legislature passed a law that increased fines for traffic infractions by up to 150%. The revenues from these fines have paid for construction of new courthouses. The imposition of higher fines should theoretically deter bad driving, but it is uncertain whether the deterrent works. More studies need to be done to demonstrate a clear cause and effect relationship.

3. Mandatory Interlock Ignition Device program for first time Los Angeles DUI offenders is moving forward.

As regular readers of this blog may know, as of in January 2010, first time DUI offenders may be forced to install Interlock Ignition Devices in their vehicles as part of a pilot program to deter recidivism. The IID is a breathalyzer-like device that prevents you from turning on your car unless you blow into it and blow a “clean” reading (BAC = 0.00%).

In addition to the mandatory IID installation, first time offenders can face other undesirable penalties for driving under the influence in Southern California such as:

• Mandatory two days (48 hours) behind bars
• Strict terms of probation
• Mandatory alcohol school
• California drivers license suspension for a full year
• Potential elevation of the misdemeanor charge to a felony in the event of an injury DUI
• Fine of $1,000
• Court costs (often way in excess of $1,000)
• Unquantifiable anguish, frustration, and lost time dealing with the arrest, and the direct and indirect consequences of the arrest

4. Former DUI prosecutor now available to help Los Angeles DUI defendants.

Continue reading " Southern California DUI News Updates – Quick Reports on Stuff You Should Know " »

No one wants to be arrested for Southern California DUI, and no one wants to be involved in an injury crash with a driver who has been under the influence. But just how much of a problem is, for instance, driving under the influence in Beverly Hills or elsewhere in the state? Has anyone quantified the dangers? And if so, what might the data tell us about how to solve this society-wide problem – or at least build towards a long-term resolution of it?

Before we start thinking in grand terms and trying to diagnose a solution for the system, take a gander at the following 12 statistics about driving under the influence in Southern California:

1) Of the car accidents in the United States that result in teen deaths, 60% involve alcohol or drugs.
2) Kids drink. Nearly three out of four teenagers in the United States have drunk alcohol; 10% of kids aged 12 to 13 drink alcohol at least once every month.
3) In the United States, nearly three people die an hour in alcohol related car, truck, and motorcycle accidents.
4) Teenage boys who drive with BAC levels ranging from 0.05% to 0.10% are nearly 20 times more likely to get into a car crash than are teenage boys who drive sober.
5) Teenage girls who drive within that BAC range are more than 50 times more likely than sober teenage girls to get into a motor vehicle accident.
6) According to various surveys, somewhere between 10% and 12% of all drivers on US roads has consumed some alcohol.
7) One survey suggests that someone with a BAC level of 0.15% (nearly twice California’s legal limit) is nearly 400 times more likely to be killed in a crash than a sober driver.
8) In 2008, there were 3,434 fatalities on California’s roads, of which 1,198 were alcohol related. Of these, 1,029 involved drivers who were driving above the legal limit of 0.08%.
9) 2008’s numbers are actually BETTER than numbers in the past. For instance, in 1987, California’s roads saw 5,504 fatalities, of which 2,961 were alcohol related and 2,354 involved drivers who were driving with a BAC of 0.08% or higher. (These stats come from the National Highway Traffic Safety Administration).
10) DUI arrests have dropped nearly 50% since the CA State Legislature enacted a law in 1990 that stipulated that the legal limit for BAC would be 0.08%.
11) But Southern California DUI arrests may be on the increase. In 2006, for instance, 197,248 people were arrested for DUI in the state; in 2007, 203,866 people were arrested for DUI.
12) Anecdotal and statistical evidence suggests that the quality of your DUI defense attorney can make a major difference in terms of your sentencing.

If you or a family member has been charged with driving under the influence in Hollywood or elsewhere in Southern California, the choice of your attorney can be incredibly important in terms of your future and finances.

Continue reading " 12 Scary Statistics about Southern California DUI " »

For years, we have been treated to a media spectacle: a seemingly endless parade of celebrity Los Angeles DUI violators apologizing to us on TV, on radio, and in print. Although Tiger Woods’ mea culpa last Friday had nothing to do directly with the string of celebrity DUIs that have graced our tabloids recently, his apology is in many ways one-of-a-piece with other celebrity self-flagellations we’ve collectively endured.

What is behind the following cycle?

#1. A celebrity does something obviously wrong. (From Nick Nolte to Mel Gibson to Lindsay Lohan to Stephanie Pratt, that “something” has been a Los Angeles DUI. For Tiger Woods, it was a string of infidelities.)

#2. Deny the wrongdoing or diminish it somehow.

#3. When the evidence becomes so overwhelming that the celebrity cannot get out from the glare of the spotlight, capitulate and make public amends.

#4. The public grants absolution (or not), and the celebrity gets off the hook (or not).

#5. The public gets distracted by the next celebrity crime/gaffe/outrageous statement.

If Tiger Woods’ infidelities and celebrity Los Angeles DUI events were victimless crimes, this cycle would be nothing more than frivolous theater for the masses. But real people can and do get hurt. In Tiger’s case, no one was actually physically injured. But in cases of celebrity hit and run accidents, for instance, people and property get damaged.

Moreover, when we see authority figures (celebrities, politicians, athletes) behaving badly, it gives other people a kind of permission to behave badly as well, indirectly.

So how can we solve the seemingly intractable problem of celebrities behaving badly -- committing public infidelities, lying to confidantes and to the public, and driving under the influence in Hollywood and elsewhere in Los Angeles?

Obviously, this blog cannot on its own solve the mess. But what we can do is to sketch out the law a little clearer, so that people can understand it and abide by it better.

Two key laws are found in the California Vehicle Code Section 23152(a) and 23152(b). According to 23152(a), if the Southern California police stop you while you are driving DUI or under the influence of drugs, you can be arrested and charged with a misdemeanor or felony. If you wind up convicted of this crime, you can lose your California drivers license, be forced to pay significant fines and court costs, get points on your DMV record, and suffer all sorts of indirect consequences from the arrest and conviction.

23152(b) defines the legal limit for blood alcohol concentration at 0.08%. In other words, if you drive with this BAC or higher, you can be arrested and convicted for driving under the influence.

Building a stout defense to charges of driving under the influence in Beverly Hills or anywhere else in Southern California can challenge even veteran attorneys. The law is complex, and prosecutors tend to come down hard on DUI offenders -- even first time offenders. Fortunately, a good attorney can make a real difference.

Continue reading " Celebrity Los Angeles DUI Arrests and Tiger Woods: The Art of The Public Apology " »