While most high profile cases are filed at the downtown courthouse, this case is set to be filed at the LAX courthouse. This is a change form the history of failed high profile cases in which downtown juries buck the charges and acquit celebrities charged with serious crimes.

Dr. Conrad Murry's top notch Los Angeles Defense Attorney will surrender his client to the Los Angeles Police Department if he is charged.

Rush-hour gridlock from 6 AM through 9 PM... and often on weekends.

The massive, never-abating congestion on freeways like the 10, the 405, and the 101 (but not the 90!) causes much consternation to newbie drivers. Whether you join the queue at six in the morning on the way to work; or you encounter a surprise snarl at 9 PM on a Sunday, be forewarned that stop-and-go traffic can be quite treacherous. Obviously, it's hard to get into a serious injury accident going 5 mph. But when traffic thaws - after an obstacle is removed from the road, for instance - conditions can become quickly fluid, and accidents can easily occur. Just like a melting glacier presents challenges to hikers walking on top of it, so can a flowing traffic jam be extra dangerous to cars caught in the middle of it. So when the traffic breaks up, be on extra alert.

Freeways at night can turn into grand prix racing grounds.

The 405 is not always packed with cars, contrary to the impressions of daily commuters. At night, Southern California's capacious freeways empty out. This attracts a different kind of hazard -- the speedster. As reported on our Southern California DUI blog, a local television actor (Adrian Pasdar) was arrested just last week for driving 94 mph on the 405 near Santa Monica Blvd. DUI drivers, careless drivers, bad lighting, and highway maintenance projects can turn freeways into veritable obstacle courses.

Distractible drivers.

Southern Californians have an ongoing (and unfortunate... for many reasons) love affair with the cell phone/personal digital assistant. Driving while texting or talking on a cell phone can be hugely problematic -- perhaps even more dangerous than driving under the influence in Southern California. A recent study found that California's anti-cellphone-while-driving law has not resolved the problem -- perhaps because the law required only that drivers speak on headsets instead of requiring that they refrain from talking on the phone altogether while driving.

In any event, by paying extra attention to the road -- and not yapping on the cell phone, getting distracted by billboards or local celebrity sightings, or sightings of paparazzi spotting local celebrities -- you can hopefully mitigate some of the risks posed by other distracted drivers.

Understand the penalties for driving under the influence in Burbank and elsewhere in Southern California.

Many people think that getting a first-time DUI is akin to getting a speeding ticket. But a DUI is no mere infraction. According to the law, even a first-time DUI offender can be charged with a misdemeanor -- or even a felony, depending on the circumstances. If you're convicted of even a misdemeanor Burbank DUI, the court can impose a crushing array of penalties including but not limited to:

* minimum of 48 hours in jail (two full days)
* court costs and fines of potentially thousands of dollars
* mandatory alcohol school in probation
* suspension of license for a full year
* pursuant to a law that went into effect on January 1, first time DUI offenders must install an interlock ignition device (IID) in their vehicles. This means that you must blow into a Breathalyzer-like device every time you want to start your car.

Obviously, the punishments for driving DUI in Burbank are unpleasant, to say the least. But what can you do if you or a loved one has been arrested and charged?

There are many wrong paths to take. If you lack knowledge of how the court system processes Southern California DUIs, you could easily take one of these inferior paths and compromise your future. Fortunately, good help is available.

1. Limit your driving on party nights.

As long time residents know, the City of West Hollywood comes alive on weekend nights -- particularly along the stretch of Santa Monica Boulevard from Doheny east to La Cenega. The Sunset Strip (to the north) is also the site of many arrests for DUI in Hollywood.

Hard partying drivers pose risks not only to other cars on the roads but also to pedestrians. According to authors Steven Levitt and Stephen Dubner (SuperFreakonomics), walking while under the influence of alcohol may be even MORE dangerous than driving under the influence, per mile traveled. So pedestrians and drivers alike should be particularly cautious in the “party zones” -- especially during weekends and holidays.

2. DUI drivers who get distracted while looking for parking spots can be doubly dangerous.

Parking restrictions abound in West Hollywood. Trying to finagle a parking space, especially near the clubs and restaurants along Robertson, Santa Monica Boulevard, and La Cienega Blvd, can be perilous even if you're driving sober and in the middle of the day. The constant cat and mouse game that is the quest to find parking in West Hollywood can result in drivers becoming extremely distracted. When you combine this with alcohol in any form, the dangers skyrocket.

3. Certain intersections have a reputation for being unwieldy.

The intersections of Santa Monica Boulevard with north-south streets like Fairfax, La Cienega, and Doheny, for instance, can get crowded and competitive during rush hour. So be extra mindful at these big intersections. Watch for drivers cutting across traffic or breaking other rules.

4. DUI in West Hollywood dangers can actually increase when fewer cars are on the roads.

During the day, when most of Los Angeles is stuck in a perpetual traffic gridlock, cars obviously have to drive slower, and thus the potential dangers of injuries from certain collisions decrease. When the traffic frees up -- during the evening hours and sometimes in the weekends -- cars naturally speed up. While this makes getting around West Hollywood a little easier, it also poses problems. DUI in Hollywood collisions are more likely to lead to injuries and death, for instance. This hazard can be compounded on the weekends because certain neighborhoods will clog up with traffic (people going into and out of popular clubs and restaurants), and thus there's a lot of stop and go action on the roads, which can make things even scarier -- particularly when you add DUI in West Hollywood drivers to the mix.

The laws governing DUI in West Hollywood are the same as the laws that govern DUI elsewhere in the state. Two sections of the law are particularly relevant -- California Vehicle Code Section 23152(a) and California Vehicle Code Section 23152(b). These sections outline precisely what constitutes the crime of driving under the influence of alcohol or drugs and sets forth the (many) punishments that can be handed out to violators. Two related laws, California Vehicle Code Section 23153(a) and California Vehicle Code Section 23153(b), outline the crime of Southern California DUI with injury and stipulate the punishments for that crime.

To build a stiff defense against any of these charges, it helps to retain a lawyer who has a deep working understanding of Southern California judicial system from both the prosecutorial and defense side.

That is why a top rated Los Angeles DUI Defense Attorney can ensure that your rights are being properly protected. Aggressive representation is necessary to protect the rights of those who enter a California DUI checkpoint and are arrested for a Los Angeles DUI.

While the Court had agreed that they were legal, they reiterated certain requirements. The justices stated that the DUI checkpoints must adhere to the guideline that the checkpoint must be publicly advertised.

How does heavy rain impact risk for Burbank DUI?

Rain in general can increase driving dangers, including the dangers from Southern California DUI

Rain reduces visibility, causes windows to fog up, slicks up road with oil and debris, increases risk of hydroplaning, and disrupts normal traffic patterns.

Weather related confusion alters driver perceptions about what constitutes safe driving and what constitutes dangerous behavior.

Rain can make certain driving decisions appear more or less dangerous than they actually are. For instance, let's say you're driving through a flooded freeway. You might be thus inclined to be more cautious than you normally would -- and this overcompensation would result in a net improvement in safety over how you normally drive. On the other hand, rain keeps some people off the roads. Thus, you might interpret this absence of traffic as a "green light" to go faster, and this would result in your driving less safely than you normally would.

Most accidents result from multiple "things going wrong" -- rain can be the element that causes a driving situation to cross the threshold from near-miss to accident

According to the statistical analyses of auto and airplane crashes, accidents often result from multiple errors strung together. Consider a theoretical plane crash. The pilot may be more fatigued than usual; he might be flying into foggy weather; his instrument panel might be below grade; and his copilot might be distracted due to a fight he had earlier in the morning with his brother. Taken individually, these factors might not lead to an accident. Taken together, however, these x-factors could create a lethal mix... and lead to a plane crash.

To bring us back from this digression... the implication is that additional road risk factors, such as the rain beating down on Southern California, can (at least theoretically) increase the likelihood that "close calls" wind up as accidents. For instance, let's say there is a guy who's driving DUI in Burbank. Under ordinary situations, he would steer clear of obstacles. But add in the element of rainsoaked highways, and this could cause enough of a disturbance to lead to an accident.

Obviously, history works in only one direction, and there's no way to analyze these kinds of counterfactuals.

Given the increased risks out there, now might be a useful time to do a quick refresher course on the common DUI symptoms. These include but are not limited to: disheveled appearance, mumbling speech, bloodshot eyes, incoherent storytelling, verbal gaffes, clear misstatements of fact, bad driving, and poor motor control/stumbling.

Whether you face a first-time misdemeanor charge of Encino DUI, or you're battling a complicated DUI manslaughter in Long Beach charge, good legal help is a must.

Killpack's father was killed by a drunk driver when the legislator was a teenager. Since being elected to the State Senate, he has championed victim's rights.

This past Friday night a Utah Highway Patrol trooper observed Killpack's vehicle driving erratically. When he was stopped, the trooper noticed that the legislator had a strong smell of alcohol. After being asked to perform field sobriety tests he refused to take a breath test. The trooper then took the unusual step of seeking a warrant to take blood. Killpack was then booked into jail and later released

In the early 1980s, driving in Southern California was extremely dangerous -- much much more so than it is today. In 1982, for instance, over 60% of CA's traffic fatalities were alcohol-related. There were 4,615 total roadside fatalities, 2,799 of which were alcohol-related; and 2,484 of the alcohol-related fatalities involved drivers who tested over the state's legal limit of 0.08%.

Due to a variety of factors, including increased awareness of the dangers of driving under the influence in Los Angeles, stronger enforcement of DUI and seatbelt laws, and better car safety engineering, alcohol-related fatality rates plunged over the next several years, even as the total number of California roadside fatalities increased. The high watermark hit in 1987, when 5,504 died on California's roads -- 2,961 of whom did so in alcohol-related crashes.

Over the next eleven years (1987-1998), both the total number of fatal accidents and the number of alcohol-related fatalities declined, bottoming out in 1998 at 3,494 (total) and 1,367 (alcohol-related). This decline could be almost entirely accounted for by the decline in alcohol-related fatalities.

Unfortunately, over the next seven or eight years, the downward trend reversed itself for both total and alcohol-related fatalities. By 2005, the numbers rose to 4,329 (total) and 1,719 (DUI related). Since the 2005 high water mark, however, the numbers have reversed yet again. In 2008, there were only 3,434 total fatalities on the road, of which only 1,198 were alcohol related.

Of course, analyzing statistics like these can lead to misguided conclusions. It is very difficult to tease out cause from correlation. Even when you have good statistical data, and you can identify strong correlations between two variables, to prove cause requires a much higher logical burden of proof.

Not all DUI related fatalities are charged as felonies. Some accidents can result in charges of DUI vehicular manslaughter. Other accidents can lead to charges of gross vehicular manslaughter. Still others -- so-called Watson Murders -- can be DUI murders.

To respond effectively to any of these charges, you likely need a trial-proven lawyer to help you.

After the arrest, a judge issued a protective order that separates the Sheens from each other. While the court order is still in effect, both parties have asked the court to modify the ruling to allow them to see each other. At this time, Charlie Sheen's 10 month-old twins are remaining in Aspen with mom, while the actor is back in Los Angeles working on the set of Two and Half Men. Sheen's top-rated Los Angeles criminal defense attorney is working behind the scenes in what is known as pre-filing investigation to stop any charges from being filed

This is not the first time that Sheen has been arrested for violence on the women he claims to love. Several years ago Sheen was charged with a Los Angeles domestic violence case for severely beating his girl friend at the time, Brittany Ashland. In 1996, Sheen was arrested and charged with pulling his girl friends hair while slamming her down on a marble floor. He then knocked her unconscious and then caused an injury to her face that required stitches to close the wounds. According to Ashland he then stripped her of the bloody clothes she was wearing and then told her that if she told anyone he would kill her.

Court records indicate that Sheen pled guilty to criminal charges in the 1996 case. Ashland's attorney is urging the District Attorney in Colorado to not modify the order.

The IID is a Breathalyzer-like device that prevents a vehicle from starting unless a driver blows a clean 0.00% BAC reading.

In addition to changing Southern California DUI rules, the California Legislature passed a slew of other laws which also went into effect on January 1, including:

Move Over, Slow Down expanded -- Drivers must slow down or change lanes when approaching emergency vehicles (such as Caltrans vehicles with flashing amber warning lights) or face stiffer punishments.

Assembly Bill 62 -- Californians may now install TV/DVD monitors in front seats of vehicles, provided that drivers cannot see the TV/DVD screens while operating their vehicles.

Paparazzi crack down -- Pursuant to complaints from Jennifer Aniston and other celebrities about aggressive paparazzi tactics, CA lawmakers passed a bill that imposes extremely steep penalties ($50,000+) on paparazzi who improperly obtain photos of celebs (for instance, by running red lights or committing other traffic infractions).

Seat-free Bicycles Now Allowed on Freeways -- Lawmakers eliminated a law that had banned the operation of seatless bikes on state freeways.

The implications of the changes to these laws -- particularly the ones pertaining to Los Angeles DUI and interlock ignition devices -- will no doubt be profound and far-reaching.

Do you or a loved one or family member need help battling charges of driving under the influence in Los Angeles?

This huge number is because of the increase in the number of DUI checkpoints and the extra emphasis on DUI arrests by California law enforcement.

Los Angeles DUI checkpoints that are still going on this weekend and will be used to enforce Los Angeles DUI laws include the following:

- On January 1, 2010 on Figueroa Street between 8th and 9th streets in downtown Los Angeles. This checkpoint will operate between 6:00 PM and 1:00 AM.

- On January 2, 2010 there will be a Los Angeles DUI checkpoint on Olympic Boulevard west of Cherry Avenue, between 7:00 PM and 12:30 AM.

These checkpoints will need to comply with very strict requirements in order for the ensuing DUI arrest to potentially lead to a DUI conviction. Otherwise, a top notch DUI defense firm will be able to find the defects in the Los Angeles DUI checkpoint and if those defects are fatal, the DUI case will have to be dismissed.

History has shown that Burbank DUI cases and Pasadena DUI cases as well as DUI cases from any other Southern California city may very well have false high blood alcohol levels.

As a former Los Angeles DUI prosecutor and now practicing and running a top rated Los Angeles and Southern California DUI defense firm, people often ask me if these DUI checkpoints are legal. There are two things that need to be evaluated when looking at a Los Angeles DUI checkpoint. It must be determined if the checkpoint complies with all of the requirements in order to legal. If it idoes, then the next evaluation is, whether the blood alcohol level or BAC as reported by the machine or other test result are accurate.

When you are arrested for a Los Angeles DUI and are told of the test results, you should not loose all hope. Even if the California DUI blood test or DUI breath test report that you are over the legal limit of 0.08% or above does not mean those results are true and accurate. There are a number of reasons why the BAC level may be inaccurate. Those include the following reasons:

The machine is not calibrated correctly - DUI machine error
The police may not follow the procedures requires by California DUI law - procedural errors
In the case of blood or urine tests there could be a error - contamination errors

There are other reasons why a person could have an inaccurately high blood alcohol level. Even if the police or prosecutor tell you that your BAC is over the legal limit, even if by a significant factor, it is always worth fighting.

I always tell people that as a former prosecutor you should always fight your Southern California DUI case. The experiences and skills of a former prosecutor that now practices Los Angeles DUI defense is priceless in helping your to fight your DUI case.

Sadly, rehab programs such as certain 12-step programs can be surprisingly ineffective at helping addicts recover from alcoholism. While only a few scientific surveys of groups like AA have been conducted, the results have not been particularly compelling. Indeed, some studies have suggested that 12-step treatment is no more effective than placebo treatment. Conversely, other rehab programs have demonstrated a statistically significant success rate, and perhaps there could be something to be learned from these more successful programs that could be more broadly applied and used to decrease the problem of Los Angeles DUI.


2. Increase prohibition on the use of cell phones and text messaging while driving.

As we’ve discussed elsewhere on this blog, the problem of driving while texting and driving while talking on the cell phone may be as big as -- if not bigger than -- the problem of driving under the influence in Long Beach and elsewhere in the Southland. Although California has made driving while texting illegal, perhaps more attention needs to be focused on this area. If we can reduce general driver distraction, we can likely reduce accidents and injuries on our roads.

3. Improve traffic engineering.

Road construction, bad or ineffective lighting, unclear signage, and other traffic engineering factors likely contribute to a significant percentage of accidents on Southern California roads. More innovative attention to these engineering problems can likely decrease the number of highway crashes significantly.

4. Use “crowd-sourcing” to identify dangerous drivers.

Crowd-sourcing is using aggregated community resources to get things done. Individuals armed with cameras and cell phones can in some circumstances help identify bad drivers and thereby exert social pressure to get them to conform to the laws of the state.

5. An improving economy can lead to more prosperity and more goodwill on the roads.

A depressed economy leads to depressed and distracted drivers. If you're fatigued, in a bad mood, and stressed about finances, chances are you're going to be a less attentive driver. Thus, in a bad economy, chances are that collectively Californians will be more at risk for getting into accidents -- DUI and otherwise. If the economy improves, however, this may likely have a salutary effect on our collective driving behavior.

6. Campaign to raise the awareness of the danger of sleeplessness.

Driver fatigue is a significant contributor to accidents. Unfortunately, most people are not aware of how dangerous it can be to drive while sleepy, stressed, or otherwise out of sorts. A simple statewide educational campaign to explain these dangers could result in safer roadways.

7. Improve road maintenance.

Clearing debris out of lanes on highways and performing other general upkeep should likewise have a salutary effect on road safety.

8. Sell fewer red cars.

Studies show that the color red can inspire aggression in the minds of other drivers. Theoretically, if fewer red cars populated Southern California’s highways and byways, we might see a decrease in driver aggression and thus in accidents and injuries.

9. Improve education for minors about the ABCs of road safety.

Many new Southern California drivers do not understand or appreciate their responsibilities. Likewise, they may not understand the laws regarding DUI -- in Southern California, for instance, if you're under 21 years of age and you are caught with a blood alcohol concentration of just 0.01 percent -- the equivalent of just a few sips of alcohol for some people -- you can be arrested and charged with DUI in Southern California.

10. Provide better legal assistance.

Do you need fast, effective, and professional help with a charge of Los Angeles DUI?

A cell-phone-talking/texting epidemic has overrun Southern California. As more and more people become dependent on mobile devices to get through their lives, more and more drivers become inattentive. Left unchecked, this epidemic of distraction will surely lead to an increase in the number of injury accidents and deaths on our roads and freeways.

2. An increase in media distractions.

We face dangers not just from drivers who text but also from distractions such as flashing billboards (e.g. on Sunset Boulevard), billboards that change as we drive past them (e.g. on Pico Boulevard just west of Beverly Drive), and other intrusive forms of media, such as satellite radio. All these drags on our attention could ultimately lead to an increase in accident injuries.

3. General degradation of California’s highway and surface street infrastructure.

The California budget crisis has made it difficult for the state to spend necessary money on roadside repairs and upgrades to infrastructure. A dearth of road improvements will almost definitely translate into greater dangers for drivers.

4. The increase in diabetes and obesity in our population poses an indirect hazard to drivers.

As the obesity/diabetes epidemic spreads, more and more sick, inflexible, and medicated drivers are getting on our roads, and this likely poses a serious public safety challenge.

5. Failure of rehabilitation programs.

Recidivist alcoholics are at higher risk for DUI. Unless and until we find a more effective and less costly way to curb alcoholism and addiction in our population, we will face a greater risk -- not only of Southern California DUI injury accidents -- but also of other safety problems.

6. Problems educating underage drivers.

Today’s youth are bombarded with distractions that did not exist even a decade ago -- such as social networking, twittering, and other relentlessly aggressive technologies. These youth may be so distracted by these toys that they fail to attend to basic driving skills effectively.

7. Collective habituation to the dangers of DUI in Pasadena and elsewhere in Southern California.

Although driving under the influence in Southern California remains a serious problem, it is a well-known problem. Thus, we don’t hear about the dangers every day, and this lack of awareness likely contributes to increased risk.

8. Better technology can lead to overconfidence.

With GPS systems and other technological gizmos available to many Southern California drivers, overconfidence can easily result. Put too much trust in any automated system -- and relinquish too much control over your automobile -- and road mishaps are almost certainly bound to follow.

9. Better safety technology can lead to an increase in risk tolerance.

The advent of antilock brakes was supposed to slash accident rates across the country. It didn’t -- at least not to the extent that it should have. One theory for why is that drivers who have ABS tend to wait until later to brake -- due to their confidence in safety features. Thus, even though a car built today might objectively safer than a car built in, for instance, in 1985, our collective reliance on “last minute” safety features might ultimately wash out the difference.

10. Failure to get good legal help for charges of Los Angeles DUI...

Here are 9 eye-popping numbers:

1. 28,457 - the number of people hurt in accidents in CA in 2008, in which alcohol played a key role, according to the National Highway Traffic Safety Administration.

2. 1,029 - the number of people killed in “alcohol impaired motor vehicle fatalities” in CA in 2008. The only state with more alcohol auto fatalities in 2008 was Texas (1,269).

3. 214,811 - the number of DUI arrests made in 2008, according to the CHP.

4. 45 - the number of fatalities that occur every day on US roads during the Christmas season. 36 fatalities per day occur on average. 54 on average die on New Year’s Eve -- 40 percent of these fatalities involve alcohol in some capacity.

5. 2,500 -- The number of 2010 sobriety checkpoints that will be funded by the California Office of Traffic Safety.

6. 4/100,000 -- According to the National Highway Traffic Safety Administration FARS survey, this is the rate of alcohol-related driving fatalities per population nationally.

7. (way more than) 18 -- the number of celebrity Beverly Hills DUI arrests in 2009. For more on the celeb Los Angeles DUI arrests from January through June 2009, see our blog post from 12/16. For more on the July through December DUI arrests, see our blog post from 12/21.

8. 15-20 -- According to the NHTSA publication “Young Drivers” (2009), motor vehicle accidents are the number one cause of death for young adults age fifteen to twenty.

9. 380 -- according an NHTSA pamphlet called “alcohol impaired driving” (2008), drivers who operate vehicles with BACs of 0.15 percent or greater (it is illegal in California to drive with a BAC of 0.08%) are 380 times more likely to get into Los Angeles DUI crashes that result in death than are sober drivers.

To get effective and reliable help with your DUI charge -- whether it’s a minor misdemeanor Southern California DUI or a serious injury charge -- connect with a reliable lawyer today.

#1: Educate young people about California's zero-tolerance policy towards underage DUI.

California boasts a reputation as a "fun in the sun" state. But the DUI laws here are incredibly strict -- particularly as they relate to underage drivers. If you are younger than 21, and you're caught driving with a blood-alcohol concentration of just 0.01% or more -- the equivalent for many people of just a single glass of beer or a small serving of wine -- you can be hit with a DUI and suffer a driver's license suspension of a year or greater depending on circumstances. If your BAC level is over 0.05%, you can additionally be tagged with a regular Los Angeles DUI and subjected to penalties including court costs, probation, and fines. Kids who are learn about these strict laws may be less likely to violate them.

#2: Institute programs to reduce DUI incidences on or around colleges campuses.

Southern California is a driver's mecca. But without a car, college and university students may feel socially isolated and stranded. Thus, students often feel tremendous pressure to drive -- even when they know they're not supposed to. Even "good kids" at places like University of California at Los Angeles (UCLA), University of Southern California (USC), and UC Irvine often make bad mistakes just because they strive to be sociable. Better administrative planning and more diverse and abundant social options on campus (as opposed to off campus) should help. And both carrots and sticks could be tried. Campus disciplinary measures, such as curfews, regulations, restrictions on vehicles, and so forth could incentivize students to stay on campus and thus to avoid the partying-and-driving problem.

#3: Involve underage drivers themselves in the solution.

To beat the "underage DUI in Los Angeles" meme, we may need the active assistance of the underage driver community. Imposing rules on young adults and teenagers often backfires. After all, part of the modern American ritual of coming-of-age is rejecting authority and all its trappings. To solve the problem of underage drinking and driving under the influence, therefore, we may need to find ways to help peer groups self regulate. In other words, if groups can make it "uncool" to drive DUI in Los Angeles, we should likely see a vast reduction in incidences. The challenge is figuring out ways to get this to happen. How do we get peer groups en masse to reject certain dangerous and unacceptable behaviors? Obviously, social engineering on this scale can be difficult -- and it can backfire. But maybe a solution is to solicit the input of groups themselves. In other words, instead of imposing our ideas on young drivers -- i.e. lecturing them -- invite them into the process and have them offer proactive solutions and suggestions for mechanisms of enforcement.

#4: Provide good legal help to the kids who need it.

If you or a friend or family member (son or daughter) has been arrested for underage DUI in Burbank or elsewhere in Southern California, you may need a savvy attorney to develop a forward thinking strategy to protect your rights and limit damage to your pocketbook and future.

These events are the same whether you are stopped for a DUI in Pasadena, or stopped for a DUI in Beverly Hills. Many people think that the officers do things differently depending on where they are stopped. This is most likely not true. A DUI in Glendale is treated the same as a Long Beach DUI.

The first thing that will occur is that police officer will pull you over for some reason. However, the reason must be based upon objective criteria and must comply with the law. In many cases that is either speeding or weaving back in forth or out of the lane of travel. That is called the probable cause for the stop. At that time the officer, if the person has been drinking, will smell alcohol on their breath and may ask a few questions. This is called the DUI detention.

The next event is that the officer will ask you to exit the vehicle and will ask a few more questions. These may concern whether you are taking any medicine, what and when you last ate, where were you drinking before you were pulled over.

After you answer those questions the officer most likely will instruct you to perform field sobriety tests. These are legal tests that assist the officer in making a determination whether you are driving under the influence of alcohol and whether the officer wants you to submit to a chemical test.

If the officer still is not sure if you are driving under the influence, then you may be asked to take a Preliminary Alcohol Screening Test (PAS Test). The test is offered by the officer. it is very important to know, that you are not obligated to take the PAS Test. The officer may attempt to trick you into thinking that you must, however, that is not the law and you have no duty to take that test.

If you take the PAS Test, and the read out is anywhere close to or over .08%, then you will automatically be arrested and taken to the station. As most people know, there are two components to the Los Angeles DUI arrest. First, is the person driving under the influence of alcohol or drugs in violation of 23152(a) of the California Vehicle Code, and secondly, is the person driving with a blood alcohol level of .08% or higher in violation of 23152(b) of the California Vehicle Code.

Once arrested, then the entire game changes. The next blog post will cover what happens after the arrest at the station and how you should proceed to minimize the harm that can occur to both your criminal record, and your ability to drive a motor vehicle in California