Celebrity DUI

Published on: September 24, 2014

Ink Master Star Runs Stop Sign, Gets DUI [5 Ways a DUI Arrest Can Go from Bad to Worse]

Getting arrested for DUI in Los Angeles often comes with additional complications. Although a DUI charge alone can be bad enough, police often identify more than one infraction when apprehending suspects. Such was the case with the September 20 arrest of “Ink Master” judge Chris Nunez in Florida.

Authorities pulled Nunez over after the tattoo artist and TV star ran a stop sign. When police allegedly observed signs suggesting that he had been under the influence of drugs or alcohol behind the wheel, they arrested him.

In addition to the DUI charges, Nunez will likely face a citation for running a stop sign, a traffic violation for which drivers can receive a $125 fine.

Complicating Factors in DUI Arrests

A DUI arrest can create diverse and annoying challenges for any driver, including the threat of fines, fees, jail time, license suspension, probation, and high insurance rates. However, several circumstances can exacerbate the severity and consequences of a DUI, including:

1. Additional traffic violations. If you break traffic laws (e.g. driving the wrong way, speeding, or making illegal passes) while under the influence, prosecutors can ask the court for higher fines and other penalties.

2. Resisting arrest. Drivers who interfere with arrest or resist an officer making an arrest can face misdemeanor charges in California.

3. Prior offenses. The severity of DUI charges – and the resulting sanctions – increases with each DUI arrest.

4. Injuries. Per CVC 23153, California law automatically subjects DUI drivers whose actions harm others to felony charges. If you cause severe injuries, you can wind up going to prison for several years.

5. Fatalities. If an alcohol- or drug-related crash leads to the death of an individual, the responsible party could spend from several years to life in prison, depending on whether the court finds him or her guilty of manslaughter or homicide.

The easiest way to avoid such escalated charges is to avoid driving under the influence altogether. However, if you already face a DUI charge that has been complicated by accompanying citations, misdemeanors, or felonies, a Los Angeles DUI attorney with knowledge and experience can help you create a compelling and strategic defense. Contact the Kraut Criminal & DUI Lawyers today to discuss your legal options.

Published on: September 15, 2014

Kevin Olsen the Latest NFL Player to Face DUI Charges

by Michael Kraut

A Los Angeles DUI arrest and conviction can dramatically alter the course of a promising life or career. This could soon be true for Miami Hurricanes backup quarterback Kevin Olsen.

Authorities arrested Olsen, a University of Miami freshman, on September 15. He now faces charges that could impact his standing at the university and athletic career for failing a field sobriety test and possessing five stolen or counterfeit driver’s licenses. This arrest represents the most recent in a string of disciplinary troubles for Olsen. He previously left the scene of an accident, failed to report an accident, and received two suspensions from the Miami team for failing to follow team standards.

It is not yet clear how this legal woe will impact Olsen, the younger brother of Carolina Panther Greg Olsen, as he continues to pursue an education and football career. Based on existing DUI laws, however, a conviction will likely result in several repercussions.

Whether you’re an athlete or an average citizen, driving under the influence in the state of California can result in significant consequences. These may include:

• License suspensions. Your driver’s license could be confiscated and suspended for up to one year.

• Job loss or suspension. Employers often choose not to hire new employees with a history of DUI or fire existing employees who violate these laws. They may also suspend workers without pay after a DUI conviction.

• Fines. Fines up to $1000 (plus court costs) and license reissue fees can be charged for a first offense.

• Jail time. You could spend between 48 hours and 6 months behind bars with a first DUI conviction.

Repeat offenses or those accompanied by reckless behavior exacerbate these consequences. If you have recently been arrested for DUI, a Los Angeles DUI attorney can help you form a solid defense. Contact the Kraut Criminal & DUI Lawyers today to discuss your legal options.

Published on: September 3, 2014

NFL Commissioner Imposes Maximum Fine, Suspension on Colts Owner After DUI Conviction

by Michael Kraut

If you are currently facing professional difficulties due to a recent Los Angeles DUI arrest, you likely relate to the woes of Indianapolis Colts owner Jim Irsay (if not on a significantly smaller scale).

Irsay’s March arrest, which stemmed from the presence of Oxycodone and Hydrocodone in his system while driving, resulted in a DUI conviction on September 2. He received a 60-day jail sentence, although 58 days were suspended and he received “time served” for the other two. He was also ordered to pay court fees and was issued a 90-day license suspension.

Shortly after Irsay’s sentencing, the NFL instituted its own penalties on the Colts owner, showing the organization takes such behavior of its leaders seriously.

The Consequences of DUI Suspension

Although suspensions for NFL team owners are rare, the commission may choose to do so to send a message to members and fans alike regarding that individual’s behavior. When a player or administrator receives a suspension as a result of a DUI conviction, the consequences often include:

Fines. Commissioner Goodell imposed a $500,000 fine on Irsay, the highest allowed in the NFL.

Exclusion from games. At the heart of an NFL or other sports-related suspension is the removal of privileges to attend one or more games. In this case, Irsay must sit out six games and miss the beginning of the season.

Damage to reputation. After a DUI-related suspension, it takes time to reestablish one’s esteem among players, fans, and peers. The entire franchise receives negative attention, detracting from the efforts of the athletes.

Whether you got arrested for DUI for alcohol, illicit drugs, or prescription drugs, you may face a serious offense that could result in considerable legal and professional consequences. Understanding your rights and responsibilities under the law can help you achieve a desirable outcome and regain your freedom.

To enlist the assistance of a highly-qualified Los Angeles DUI attorney in your defense, contact the Kraut Criminal & DUI Lawyers today. Continue reading

Published on: August 29, 2014

Steelers Players’ Arrests Shed Light on Drug DUI Cases

by Michael Kraut

Did you know you can receive Los Angeles DUI charges for driving under the influence of illegal or prescription drugs? If not, this story involving two Pittsburgh Steelers players may be of particular interest.

On Wednesday, August 20, police stopped LeGarrette Blount and Le’Veon Bell, two Steelers running backs, on suspicion of marijuana possession. The two were on their way to the airport to fly to a preseason game; instead, they now face DUI charges.

The driver, Bell, admitted to having purchased and smoked the marijuana; however, he claimed not to have been aware he could be subject to DUI charges as a result. After Bell failed a sobriety test, police took him into custody and transported him to a hospital for a blood test.

Although this incident occurred in Pennsylvania, the circumstances remain similar to what could happen to a driver in California. When it comes to DUI, the state penal code views drug intoxication and alcohol intoxication in the same way.

When police pull over a driver for a suspected drug DUI, they must observe erratic or otherwise suspicious behavior. Since a breathalyzer test cannot detect the presence of illegal or prescription drugs, the suspect must often complete a blood or urine test. Admission of guilt or physical presence of drugs in the vehicle are additional incriminating factors for drug DUI suspects.

Many drivers in California are currently unaware they are committing a crime by driving under the influence of illicit – or even legally prescribed – drugs. Unfortunately, unfamiliarity with state law does not exempt them from the consequences of a drug DUI, which can include fines, imprisonment, loss of license, and other penalties.

Defending yourself against DUI charges can be a difficult and overwhelming process, but a Los Angeles DUI attorney can help. To discuss your legal options, contact the experienced professionals at the Kraut Criminal & DUI Lawyers today.
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Published on: August 25, 2014

San Diego Senator’s Arrest: How DUI Charges Can Snowball

by Michael Kraut

When a Los Angeles DUI attorney takes on a new client, one of the most common concerns for this individual is how his or her arrest (and potential conviction) will impact their public reputation. For Senator Ben Hueso of San Diego, this will likely be a topic of conversation as he seeks legal defense for his recent DUI arrest.

Senator Hueso’s arrest occurred around 2:30 a.m. on Friday, August 22, when an officer discovered him driving down a one-way street in the opposite direction. Although he noticed his error and made a quick U-turn to correct his direction, police pulled him over. When Hueso displayed signs of intoxication, the officer placed him under arrest.

Senator Hueso’s pending DUI charges highlight the many ways driving under the influence can go from bad to worse. Although drivers may believe they can make it home without incident, impaired judgment and motor function – combined with circumstances beyond their control – make venturing out after drinking a risky proposition.

In the state of California, DUI can bring misdemeanor or felony charges, depending on prior convictions and the severity of the offense. Penalties such as fines, jail time, and license suspensions are perpetuated when other circumstances intervene, such as:

• Traffic violations. Running a stop sign or red light – or, in Senator Hueso’s case, driving in the wrong direction – draws attention to a DUI driver and adds to potential citations and sanctions.

• Collisions. When a DUI driver hits another car or structure, the resulting injuries, death, or property damage often become his or her responsibility.

• Public reputation. An individual arrested for or convicted of DUI frequently suffers diminished respect among the public; in some cases, a DUI conviction can lead to job loss.

If you currently face Los Angeles DUI charges with additional complications such as these, your need for a qualified DUI attorney is vital. Contact Kraut Criminal & DUI Lawyers today to begin your defense.

Published on: August 20, 2014

Journalist Faces DUI Charges in Fatal Virginia Crash

by Michael Kraut

Those facing Los Angeles DUI charges involving the injury or death of the other party may understand the plight of an Albemarle County man currently in custody.

On Monday, August 18, author Donovan James Webster was arrested on DUI charges related to a car crash resulting in the death of a Virginia man.

The three-vehicle accident involved a tractor-trailer and two vehicles. Wayne Thomas White, a 75-year-old resident of Waynesboro, died in the collision. Shortly thereafter, authorities took Webster into custody, and they are currently holding him without bond on suspicion of driving under the influence.

A well-known writer, 55-year-old Webster acted as senior editor to Outside Magazine. He also wrote for high profile magazines, such as National Geographic and The New Yorker. Webster traveled across the world and worked with celebrities such as Sissy Spacek and Matt Damon on his projects; he also won multiple awards and recognitions for his work.

Unfortunately, this recent accident will likely have a negative impact on the writer’s reputation and career.

Whether you are a highly regarded celebrity or an average citizen, California law regards DUI as a serious offense. If an individual died in an accident that you caused, the prosecution can charge you with serious counts, such as vehicular manslaughter.

A conviction for DUI-related manslaughter carries significant consequences, including jail time, license suspensions, fines and lost employment.

A Los Angeles DUI defense attorney understands the complex legal processes involved in these cases and can help defendants avoid the most severe penalties. If you have been arrested due to a DUI accident in which another person died, you may feel overwhelmed, frightened, and alone. The experienced attorneys at the Kraut Criminal & DUI Lawyers can advocate on your behalf to help you present a strong case.

Contact the Kraut Criminal & DUI Lawyers today to set up your free consultation and begin your defense.

Published on: August 18, 2014

Not a Good Situation: Judge Arrested for DUI Claims She Had Been “Sleep Driving”

by Michael Kraut

When you picture a “Los Angeles DUI arrestee,” what do you see?

You might imagine a male in his mid-30s, perhaps, with a history of substance abuse problems and reckless behavior at work and his personal life.

As in many areas of life, however, the reality in almost no way resembles the stereotype.

As we discussed in a recent post about Atlanta police officer, Christopher Niezurawski — who was busted twice for DUI in two years and who smashed into a Greyhound bus while driving wrong way — even people whose job it is to protect citizens from DUI drivers can make ridiculous and dangerous mistakes behind the wheel.

For another profound example, let’s look to Broward County, Florida, where a local judge, Lynn Rosenthal, recently had to defend against DUI charges. Rosenthal claimed that she had been “sleep driving” when she slammed into the back of a deputy’s police cruiser. By pleading guilty to a lesser charge of reckless driving, she got off with 25 hours of community service and three months of probation.

Rosenthal said she crashed because she had been taking an Ambien sleep aid: “I was sleep driving and unaware of what I was doing until long after I got to the courthouse.”

According to an interview she did with the Pompano Beach Radio Show on Monday, Rosenthal also had the anti-anxiety drug Xanax in her purse, although she claimed that the problem was the Ambien. She told the radio show host: “The police believed it was Ambien. The state attorney believed it was Ambien… the court accepted it was Ambien. And I guess when everybody acknowledges that it was Ambien, that’s going to have to be what it was.”

Even if you were on a legal prescription medication, if you got into a crash or hurt someone while driving under the influence of that medication, you can still be convicted of drug DUI and sentenced to severe consequences, including: prison time, license suspension, strict probation terms, fines, fees and other unpleasant penalties.

Defending against a Los Angeles DUI drug charge can be complicated, but you may have a variety of unique defensive levers to pull. For instance, drugs like Ambien don’t show up on DUI breath tests, and you may be able to challenge any positive blood or urine tests on various technicalities. Call attorney Michael Kraut of Los Angeles’s Kraut Criminal & DUI Lawyers today to discover what options you might have to battle back against your charges.
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Published on: July 23, 2014

Give Yourself a “Time Out” from Worrying about Your Los Angeles DUI

by Michael Kraut

Ever since you woke up the morning after your Los Angeles DUI arrest, you have been obsessed with your case and deeply worried about what will happen to you and your life.

• Will a six-month California driver’s license suspension be in the offing?
• Will you have to go to jail for hurting or seriously injuring someone else?
• Will your insurance rates go up?
• Will your boss fire you?
• Will your girlfriend or boyfriend break up with you?
• What will happen to you, if you ever get in trouble with the law again?
• Are you doomed to be a slave to your impulses to consume alcohol and/or drugs and/or prescription medications?
• How can you fight the charges and get best results?
• Etc.

These and dozens of other questions and scenarios are likely floating around in your head and causing you tremendous agitation and stress. They are important to address.

But given your current fragile state, you may not be able to address them effectively. Try the following exercise to give yourself some space – almost a mini mental vacation – from the chatter about your DUI.

Find 15 minutes where you can be alone and in peace, and practice doing meditative breathing as follows. Sit comfortably in a chair — ideally, upright with your body relaxed but alert. Then just watch your breath flow in and out of your body. You don’t have to try to force the breath or take deep breaths or anything. Just watch the breath as it goes into your lungs, and then watch it as goes out of your lungs. You can breathe naturally: just try to focus all of your attention on the act of breathing – watching the process as if you were an objective observer watching the ocean waves flow in, hit the shore, and flow out.

You will notice that there are basically four distinct parts of the breath. There is the “in breath.” There is a kind of pause that happens at the top of the in breath. There is the “out breath.” And there is the pause after the out breath. Try to become very interested in all the minute details of this process.

If and when thoughts about your DUI pop up – and they likely will, and the chatter may grow intense as you get into this exercise – acknowledge them, but let them go. You will have time to think those thoughts later. For now, you just want to focus on the breathing. Set a timer behind that will go off in 15 minutes, and tell yourself that you can “touch” those thoughts and worries once the timer goes off. Every time you have a non-breath related thought, let it float away from you, as a child might let a helium balloon float into the clouds.

Hopefully, that exercise can give you a little sense of peace and quiet and help you improve your concentration. For practical help with your Los Angeles DUI defense, get in touch with attorney Michael Kraut of the Kraut Criminal & DUI Lawyers. Mr. Kraut is a Harvard Law School educated ex-prosecutor who can help you make smarter decisions about your case.

Published on: July 21, 2014

North County Family Shocked at DUI Driver’s Release

by Michael Kraut

A recent San Diego story presents a complicated issue for those affected by Los Angeles DUI laws. Melissa Tennent, daughter of Arthur Jacobs, recently became distraught when she discovered the woman responsible for her father’s death had left prison three years and eleven months early.

Julianne Thompson, 25, struck and killed Jacobs on July 27, 2011, while driving under the influence in Carlsbad. After hitting Jacobs, Thompson abandoned her vehicle and hid in nearby bushes before police located and arrested her. She pled guilty to gross vehicular manslaughter and intoxicated hit-and-run charges. Upon receiving a guilty verdict, Thompson began serving a six-year sentence in prison.

However, Tennent recently ran into Thompson in a local grocery store – just two years after Thompson was sent to prison. Although she expressed dismay over this unexpected encounter, early releases for such offenses happen fairly often in the state.

Currently, California law does not classify the hit-and-run and vehicular manslaughter charges for which Thompson was convicted as “serious” or “violent” offenses, which means displaying good behavior – as Thompson did – typically reduces the length of a prisoner’s sentence.

Gross vehicular manslaughter, while a lesser charge than vehicular homicide or second-degree murder, still represents a serious offense under California law. The penalty for DUI driving that kills another individual can lead to prison sentences of up to ten years, to say nothing of the devastation it causes to the victims’ families.

Thompson has legally served her time and now has the opportunity to rebuild her life, but the repercussions of her actions will stay with her for many years to come.

DUI driving that causes the death or injury of another individual is a tragedy for everyone involved. Those facing such charges should not do it alone. With the help of a Los Angeles DUI attorney, such as Michael Kraut, you can present a legal defense that addresses all the circumstances surrounding your accident. Contact the Kraut Criminal & DUI Lawyers today to discuss your case.
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Published on: July 1, 2014

Los Angeles DUI for Billy Unger: 18-year-old Disney Star Caught at California Legal Limit

by Michael Kraut

On Saturday, 18-year-old Billy Unger, star of the show Lab Rats on the Disney Channel, was pulled over in Malibu on PCH for driving under the influence in Los Angeles.

Police say that he took a breathalyzer test and blew a 0.08%. That BAC would be over the limit for an adult — in other words, if a 40-year old blew a 0.08% on his breath test, he would face an array of disturbing penalties, including jail time, a one year license suspension, spiked insurance rates, probation, alcohol school and fines and fees.

But when a minor (under the age of 21) consumes alcohol and then gets behind the wheel, he can get in trouble for having an even LOWER BAC level. In fact, underage drivers cannot drive with a BAC level of more than 0.01% — that’s hardly any alcohol at all. This makes sense, since people who are under 21 are not legally allowed to drink.

If you’re a young driver booked for DUI, your consequences can range widely, depending on what happened, and what your BAC level tested to be. If it was really low — like 0.01% — you can face a license suspension, but you won’t necessarily go to jail and have a misdemeanor on your record.

If your BAC level is higher (e.g. 0.05% to 0.08%), the penalties can be enhanced and more diverse.

Other ways to increase your punishments include:

•   You left the scene of an accident (committed a hit-and-run).
•   You hurt someone while driving DUI, which can subject you to punishments per California’s Felony Injury DUI law – CVC 23153;
•   You had been arrested in the past for DUI or have an extensive criminal record;
•   You resisted arrest or behaved in a dangerous or obnoxious way towards police officers;
•   You committed other driving infractions, such as speeding, reckless driving, driving without a driver’s license, etc.

Unger fortunately did not hurt anybody during the incident, and he was released shortly after his arrest. Per TMZ, he joins a long line of Disney stars who have wrestled with drug and alcohol problems. These stars include Orlando Brown, Zac Efron, J.T. Austin and of course Lindsay Lohan.

If you have questions about how to deal with your charges, contact a Los Angeles DUI defense attorney with the Kraut Criminal & DUI Lawyers immediately to schedule a free and confidential consultation.