DUI Defense - Part 9

The Number of DUI-Charged Women Rising

A recent article in The Seattle Times reported on an alarming trend that can have an impact on motorists anywhere in the country, particularly Los Angeles, where commuting via passenger car is as commonplace as taking the subway is in New York. According to the article, the number of women arrested for driving under the influence nationwide rose 28.8% higher in 2007 than it was in 1998. Interestingly enough, the number of men arrested for DUI decreased 7.5% over the same time period, indicating that woman are now more likely to engage in reckless behavior than they ever have been in the past.

Based on FBI figures relating to arrests, the state of California experienced an increase as well in the number of women driving under the influence. That is, 18.8% of all DUI arrests in California in the year 2007 involved a woman driving under the influence, while, in 1997, women only accounted for 13.5% of all DUI arrests. Numerous explanations have been given as to the reason why this deadly trend is becoming more and more prevalent across the country. Some cite that women tend to drink more at home than men do, and consequently hide their drinking problems until after an accident has occurred, at which point preventative measures to help curb the problem are too late. Others cite the current economic tide as reasoning as to why women are more likely to succumb to driving while under the influence. That is, as more and more men, and women alike, lose their jobs, there is a definite increase in pressure placed upon the shoulders of women, many of whom take on the dual roles of homemaker and financial contributor towards the well-being of the family. This added pressure, unfortunately, has led to increased drinking habits on the part of women

California DUI Arrests Rise, Yet Percent Convicted Drops

According to the California Department of Motor Vehicles, both the number of DUI arrests and DUI convictions in the state of California rose during the time period of 2001-2007. In 2001, there were a total of 176,490 DUI arrests in California. In 2007, that number rose to 203,866. As far as convictions go, 2001 boasted 140,440 convictions of DUI in the state of California, while in 2007 there were 153,348 such convictions. Interestingly, while the number of overall arrests and convictions has risen over the years, the percentage of convictions in relation to arrests has actually dropped. In 2001, 80% of arrests resulted in conviction, while in 2007, 75% of arrests led to convictions.

The question then arises as to why the percentage of convictions has dropped over the years. In fact, a close examination of the data provided by the California DMV shows that the percentage of convictions did not rise during the period of 2001 to 2007, with percentages either remaining the same or decreasing over the seven year period. What has changed over the years? The way the human body absorbs alcohol? Or the effectiveness of law enforcement tests to conclude how much alcohol is present in a person’s bloodstream?

Alcohol is not digested by the human body, but instead is absorbed into the bloodstream. As blood passes through the lungs, traces of alcohol move across the lung membranes and are released into the air when a person exhales. Depending on the concentration of alcohol in the body, the amount of alcohol released during exhale will either increase or decrease, and is representative of how high a person’s blood alcohol concentration (BAC) is.

Law enforcement officials use a variety of tests to determine whether or not a person has a BAC higher than the legal limit. From simple tests of observation involving agility, balance, and perception, to more complicated tests incorporating the use of devices, such as breathalyzers and intoxilyzers, law enforcement is always evolving its ways in which to tell whether or not a person is under the influence of alcohol.

Measuring BAC is Trickly and Complicated

According to an article posted on howstuffworks.com, law enforcement officers rely on a variety of tactics and devices to reasonably determine whether or not a person is under the influence of drugs or alcohol. Some of the most effective methods of this determination involve devices used to measure blood alcohol concentration (BAC) level. Breathalyzers, Intoxilyzers, and Alcosensor III or IV are the three major devices that are used to determine BAC levels.

Breathalyzers are the most commonly talked about type of test. This type of test relies on a chemical reaction involving alcohol to determine whether or not a person has a BAC above the legal limit. During the test, a person blows into a device. A silver nitrate catalyst then separates alcohol traces from one’s breath, and that alcohol then interacts with reddish-brown potassium dichromate to form a green chromium ion, an indication that alcohol is indeed present in the system of the person being tested. The substance is then compared against a sample ion, an indicator needle is activated, and the person’s BAC is determined according to how much the person administering the test needs to turn a dial in order to correct the needle.

Intoxilyzers use infrared light to affect the vibrations of molecules. Based on the change in vibration of the molecule, it can be determined whether or not, as well as how much, ethanol is present to help determine toxicity level. With this device, BAC level is ultimately determined according to how much infrared light is absorbed by the molecules.

Sobriety Checkpoints: Always Accurate?

According to the Los Angeles Police Department’s website, “the purpose of the Sobriety/Driver’s License checkpoint is to reduce the number of traffic collisions involving intoxicated and unlicensed drivers through enforcement and public awareness.” For all intensive purposes, sobriety checkpoints are a great addition to the policing of any community. Under ideal circumstances, these checkpoints can reduce the number of alcohol-impaired drivers on the road, thus making it safer for all other motorists. However, it is imperative that these checkpoints are properly maintained, and that innocent drivers are not singled out and punished for infractions relating to Los Angeles DUI offenses that they really didn’t commit.

At sobriety checkpoints, law enforcement officers can ask a motorist to vacate his or her vehicle, and possibly ask them to undergo a battery of tests meant to determine whether or not the driver is in fact driving while under the influence of either alcohol or drugs. However, if these tests are not administered properly, or if the law enforcement officials already are convinced that the motorist is in fact under the influence, then the ensuing test can be relatively biased, thus creating the potential for error and misjudgment.

Law enforcement officials are trained to look for indicators that an individual is under the influence. These include bloodshot eyes, slurred speech, fumbling fingers, the smell of alcohol on one’s breath, and the presence of open alcohol containers in the car. To improve the chances of accurate determination in regard to whether or not a person is under the influence of alcohol, it is highly desired that officers go through DWI Detection and Standardized Field Sobriety Testing (SFST) training prior to being assigned to work a sobriety checkpoint.

Driving Under the Influence…of Your Inbox

A recent article in The Miami Herald discussed the long-winded debate over texting and driving, and whether or not texting should be banned altogether. For Californians at least, this debate ended some time ago, with texting while driving now being against the law, just as cell phone usage without a hands-free device is. However, not even half of the states across the country have imposed such rules on texting, despite the fact that there have been numerous studies warning of the dangers involved with driving while being distracted with any task other than simply driving.

The article cited a study done by the Virginia Tech Transportation Institute in which texting while driving was deemed to be the equivalent of driving under the influence, and resulted in increasing the likelihood of an accident occurring by an astounding 23 times. The distraction that cell phone use creates, whether through having a traditional, verbal conversation, or through text messaging, is enough to increase the chance of loss of control of vehicle, which could certainly lead to property damage and very well could lead to personal injury, up-to and including death.

California’s law forbidding texting while operating a motor vehicle is relatively clear cut. If a driver is seen with a cell phone in hand, and it is reasonably deemed that the cell phone is being used for texting, whether that involves reading, composing, or sending a text, then that driver will be hit with a monetary fine that grows with ensuing infractions. However, the law banning cell phone usage for making calls while driving, unless the usage is considered hands-free, does not ban a person from selecting or entering a telephone number for the purpose of making a call (though it is strongly urged that drivers do not attempt to dial while operating a motor vehicle). There in lies the problem, particularly if a person is in fact dialing a cell phone but is accused of texting instead.

Man Charged in L.A. DUI Now in NV Prison

Nevada’s The Record-Courier recently reported about a 50-year-old man who had a previous DUI felony conviction in Los Angeles in 1997, and was recently sentenced again to a second prison term for felony driving under the influence in Gardnerville, Nevada. His blood alcohol content at the time of the crash was .209, about two and a half times the legal limit. The man was sentenced to five years in prison, but could be out on parole as early as two years.

Though it was reported that the man had previously sobered up since his last conviction, even attending Alcoholics Anonymous meetings, he relapsed in 2008, possibly beginning to drink again over the fact that he had been diagnosed with throat and bladder cancer. Even under such extenuating circumstances, the law is the law, and the man will need to serve his jail time just like anyone else would. However, one could wonder whether or not the man’s sentence was as minimal as possible.

According to Nevada law, any person who has previously been convicted of a felony, such as driving under the influence, regardless of whether or not that conviction was in the state of Nevada, will serve prison time for a second felony committed. For the many Californians, particularly those from the Los Angeles area, that visit Nevada each year, it is important to realize that your actions in California will travel with you to Nevada, and vice-versa. With drinking such a prevalent part of Nevada cities, such as Las Vegas and Reno, it is important to remember to always take the steps needed to be as safe as possible, including those steps needed to allow for the safety of those around you.

Tustin Teen Charged with Car Crash Murder

According to The Orange County Register, an 18-year old, male from the North Tustin area was recently charged with second–degree murder for crashing his parents’ car, resulting in the loss of life of his 16-year-old, female passenger. The driver was under the influence of alcohol at the time of the crash boasting a blood alcohol content of 0.11. His female passenger, though wearing a seatbelt, died from massive, blunt-force trauma.

It was reported that the young driver had previously, the very day of the crash, in fact, been warned by a juvenile court judge that driving involved taking on a tremendous amount of responsibility. Though the driver’s friends warned him of his intoxication level, and advised against driving the vehicle, those warnings were not taken into full consideration, with the ensuing result being the crash. The driver now faces 15 years to life in prison, and will be sentenced in October 2009.

Driving under the influence can often, but not always, lead to a loss of life, but does always have a detrimental impact on those involved, regardless of the extent to which they are a part of the crash. In any event, it is important to remember that the circumstances of the case must be examined, all influences that may have lead to the incident need to be taken into consideration, and the best possible defense should always be afforded to those being charged with driving under the influence.

Newport Beach DUI Accident Kills Man

The latimes.com website reported in an article on March 14, 2009 that a driver of a Porsche hit a Ferrari driven by Charles David Lewis Jr. Lewis Jr.’s Ferrari was flung into a light post in Newport Beach where his car was sliced in half. Lewis Jr. was pronounced dead at the scene. Driving the Porsche was Jeffrey Kirby, 51 of Costa Mesa, who is in serious need of anexperienced California criminal defense attorney. Kirby has had 2 previous DUI’s, one in 1985 and one in 2002. He was charged with felony vehicular manslaughter, drunk driving and leaving the scene of an accident.

Lewis Jr. was known amongst fighters as “Mask” and was the owner of a successful multimillion dollar apparel company called TapouT apparel. His girlfriend, Lacy Lynn White, 23 sustained a fractured elbow.

According to police reports, Lewis Jr. and Kirby were driving at a fast pace side by side just before the crash. Investigators were still not sure if the cars were in a race. Kirby fled the scene but was quickly apprehended a short period after. He had a blood-alcohol level of 0.13, almost twice the legal limit of .08. If convicted for his Orange County DUI, Kirby faces up to 19 years and 8 months in prison. Lynn Mari Nabozny, 32, Kirby’s passenger was also arrested but later released. Kriby’s bail was set at $500,000 and deemed a flight risk and danger to the community.

Should Kirby post bail, the commissioner has ordered that no frontal picture be taken of him, since Lewis Jr. knew a lot of friends and followers of the martial arts world.

Kirby’s lawyer, said “Whether those people would be seeking revenge, I don’t know.”

The recent crackdown on DUI cases is understandable — alcohol contributes to a death every 33 minutes and costs the public billions of dollars each year in damages, loss of life and reduced productivity. If you’ve been arrested for drunk driving in Los Angeles, you need an aggressive, reputable and experienced Los Angeles DUI attorney on your side. You need the Law Offices of Lawrence Wolf. Please call[number type=”1″] for a free consultation.

Beverly Hills Judge Issues Warrant For Lindsay Lohan

The cbsnews website reported in an article on March 14, 2009 that a judge in Beverly Hills has issued an arrest warrant for Lindsay Lohan, 22. It is unclear though why the warrant was issued. It is possible that it is connected to an incident in 2007 when Lohan was driving under the influence and crashed her Mercedes-Benz into a tree. Mike Foxen, Sgt. said that the warrant carries a bail of $50,000.

Foxen said, ‘We believe it has to do with her arrest for DUI.” He added that there were no other details disclosed to him.

Lohan’s attorney, Shawn Chapman Holley, said that Lohan has fulfilled all terms of her probation and all court instructions.

Holley said, “The warrant issued on Friday was, in our view, born out of a misunderstanding which I am confident I can clear up next week.”

Sandi Gibbons, spokeswoman for the Los Angeles County District Attorney’s Office stated that they were not formally advised that a warrant would be issued.

Lohan is the star of the movie “Mean Girls” released in 2004. Following her drunk driving crime in 2007 for crashing her car, she was arrested again in July for chasing her former personal assistant in an SUV in Santa Monica. Tied with these two cases, Lohan later pleaded guilty to misdemeanor counts of being under the influence of cocaine.

Indiana Jones’ Co-star Arrested in West Hollywood Drunk Driving Case

On July 27th, 2008, Shia LaBeouf, a 22-year-old actor known for his work in films like Transformers and Indiana Jones and the Kingdom of the Crystal Skull, was arrested for causing a DUI accident in West Hollywood. Fortunately for the parties involved in the accident, no one was seriously hurt, although LaBeouf himself was whisked away to Cedars-Sinai Medical Center for minor injuries. LaBeouf’s DUI collision occurred at the intersection of Fountain Avenue and La Brea Avenue.

This wasn’t the first time that LaBeouf has been caught in altercations with the law. In 2007, he was arrested at a Chicago Walgreens for trespassing. Earlier in 2007, while carousing in Burbank, an officer reprimanded LaBeouf for smoking in a designated non-smoking area.

Driving under the influence can lead to serious consequences — both on the road and in your personal life. If you have been cited for DUI or DWI, and if you need legal representation to protect your rights, turn to the Law Offices of Lawrence Wolf. For more than three decades, the Los Angeles DUI defense attorneys at the Law Offices of Lawrence Wolf have fought vigorously on the behalf of their clients. With an unparalleled track record for results, solid relationships with key figures in the Los Angeles legal establishment, and a sympathetic yet strategic outlook on the process of DUI legal defense, these attorneys can fight for your best defense. You can call now for a free consultation at 866-390-7373 or e-mail an attorney at LW@YouAreInnocent.com (please be aware that e-mailing the law offices does not legally establish an attorney-client relationship).

Lawrence Wolf and his associates are committed not only to providing DUI defendants with best options but also with making sure they get the help they need and that L.A.’s roads stay as safe as possible. Lawrence Wolf has supported numerous successful programs to help troubled drivers get the treatment they need and deserve.

While it’s important to find a just and equitable resolution to your DUI situation, it’s equally important to work to prevent future problems or arrests. Get your best Southern California DUI defense now by connecting with the Law Offices of Lawrence Wolf.