Top 10 Dumb Mistakes Made by People Under the Influence of Alcohol

A recent post on our Los Angeles DUI blog, we spoke about how alcohol affects the brain’s ability to care about mistakes. There’s never a shortage of news to justify that finding. Here are ten of the dumbest mistakes people have made while intoxicated:

1.    A drunk man in Florida caused a scene and repeatedly called 911 after being told he was not allowed to bring his kitten into a strip club. He was arrested for misuse of 911 and public intoxication.

2.    An intoxicated Louisiana man rode his horse into a bar and lassoed a patron, attempting to drag him into the parking lot.

3.    Police arrested an inebriated man in Pennsylvania after catching him trying to resuscitate a dead opossum on the side of the highway.

4.    Police arrested a man in Cincinnati after he drank too much alcohol, streaked nude though his yard, and somehow ended up in his neighbor’s dryer.

5.    Police confronted a visibly intoxicated Floridian man for firing off guns on a public beach dock. During the conversation with the deputy, the man pooped his pants. He was arrested for use of a firearm while intoxicated.

6.    A North Carolina man was arrested for drunkenly riding a bicycle while wielding a chainsaw.

7.    A drunk Toronto man had to be rescued from his neighbor’s chimney. He climbed in, trying to enter the home, but got stuck and spent 5 hours in the freezing cold.

8.    A man was arrested for public intoxication in Minnesota when he tried to make a phone call with a $20 bill, convinced it was his phone.

9.    An intoxicated Canadian man was arrested at a Christmas parade for screaming to little kids that Santa isn’t real.

10.    An intoxicated man in Minneapolis was arrested for breaking into a home and destroying a toilet, causing almost $2,000 in damage. He was charged with burglary.

Respond strategically to your arrest and charges by calling a former Senior Deputy D.A. and highly successful Los Angeles DUI defense attorney with the Kraut Law Group today for a complimentary consultation.

Have you been stopped for DUI in Los Angeles, contact attorney Michael Kraut at (323) 464-6453 or online. Our team is located at 6255 Sunset Boulevard, Suite 1480, Los Angeles, California 90028.

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Marijuana and driving under the Influence

Posted On: February 10, 2015 by Bruce M. Robinson

The issue of DUI by Marijuana (driving under the influence) has never been more relevant than now when states are beginning to jump onto the pot bandwagon, legalizing Marijuana for recreational and or medical use while many more states have put the issue on their 2016 ballot.
The number of drivers charged with operating under the influence of Marijuana is likely to grow dramatically and it behooves us to study the laws we currently have in place and see whether they are adequate to protect the community and the driver. We will also look at the financial gain v. loss to the state from the legalization of Marijuana.
Is driving legal after ingesting Marijuana?
Generally there are three approaches taken by states regarding driving after ingesting weed; the majority of states will charge a driver after obtaining sufficient evidence to prove his or her impairment based on erratic driving factors, a failed field sobriety test and blood work.
A minority of states, including NY, has zero tolerance laws with regard to Marijuana use and will arrest for DUI for any amount of THC or metabolites found in the driver’s system. THC, the psychoactive component of Marijuana can remain in the urine for many days, while metabolites can be detected for several weeks or more for regular users; long after the driving impairment has worn off.
The remainder of the states institute thresholds similar to BAC levels used for DUI alcohol. 5 nano-grams of THC metabolite per milliliter of blood is the legal limit used by many of these states. Colorado is one of the states that have instituted this limit after legalizing Marijuana for recreational use.
Whatever the individual state guidelines are, make sure you understand and adhere to them. In the words of Attorney Zev Goldstein, “Your good record is arguably the most valuable thing you own, protect it from criminal drug/ or operating under the influence of drugs convictions”.

Why have certain states legalized DUI/ marijuana under certain levels?
The reason why some states have all but legalized Marijuana use while driving, unless impairment can be proven, is because many studies have been done without conclusive evidence of serious driving impairment resulting from weed. According to a 2012 study by the Colorado Dept. of Human Services, only about 5% of alcohol and drug DUI cases were related to Marijuana.
How much revenue are states like Colorado cashing in by legalizing pot?
The number of weed states has grown dramatically recently with the addition this November of Oregon, Alaska and Washington, DC. Colorado and Washington State have legalized it back in 2012 as a result of a popular ballot vote.
According to forecasts, Washington State is projected to haul in an additional revenue stream of $50 million between 2015 and 2107 just from taxes and fees. Colorado already sees $84 in annual revenue from the sale of pot.
Opponents claim that the cost in increased law enforcement does not justify this relatively low return. But proponents reject that claim on the grounds that driving under the influence of Marijuana is safer than drunken driving.
Conclusion: Marijuana is a fast paced and quickly changing industry. As more states realize the tax income benefits they can generate versus the minimal down side, additional states will come on line in terms a legalizing for recreational use. Ultimately, the possession of this “drug” in appropriate quantities will not be a crime however the operation of a motor vehicle under the influence of same will always be a crime.

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Florida Convictions for Boating Under the Influence and Your Driving Record

Gasparilla is right around the corner, and that means Tampa law enforcement will be out in force on the water. Many people like to celebrate Gasparilla on their boats and by bringing along plenty of alcohol. Before you read any further about boating under the influence, here’s some free advice: have someone be the DD captain for your boat. If you’re drunk, don’t get behind the wheel, helm, tiller, or rudder.

Right now convictions for boating under the influence (BUI) aren’t recorded on your permanent driving record. This means that if you have a BUI conviction and are charged with a DUI, it will only be considered your first DUI offense. You will not face the enhanced penalties that come with a second DUI conviction.

One Florida lawmaker is trying to change that, and has filed a bill that will make any BUI convictions a part of a person’s permanent driving record. If this bill passes any BUI conviction will act as a “prior conviction” if you are charged with a DUI. This means you will face increased penalties and fines.

The penalties for a BUI conviction are very similar to those for a DUI:

$500 fine;6 months probation;50 hours of community service;DUI school / substance abuse counseling; andA 10-day vessel impound.

Be careful out there. If you’ve had too much grog, get someone else to drive the boat. Having a sober captain is the easiest way to avoid a BUI conviction.

Sam proudly represents those accused of crimes and injured through no fault of their own throughout the greater Tampa Bay area.

Read all posts by Sam Harden

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The California Law and Enforcement of Driving Under the Influence of Marijuana Compared to Alcohol and the Future of Marijuana DUI Laws, Part 2b- Arrest and Prosecuting Under Existing Marijuana DUI Laws

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When Driving Under the Influence Becomes a matter of Life and Liberty – – DUI Resulting in Substantial Bodily Harm or Death.

Accidents involving motor vehicles are a very common occurrence in the Las Vegas Valley.  Most of us have come to accept fender benders on our streets and highways as a way of life and rarely give them a second thought nowadays.  When the accident is alleged to have been caused by someone under the influence of drugs or alcohol however, the consequences become much more severe for the person causing the accident.

A 21-year-old Los Angeles woman was severely injured recently and admitted to the hospital in critical condition after being part of a two vehicle accident, allegedly caused by a person driving under the influence of alcohol.

The Las Vegas Metropolitan police department reported that this accident occurred shortly after 1:00 in the morning on September 21, 2013 in the vicinity of Las Vegas Boulevard and Siren’s Cove Boulevard near the Treasure Island Hotel and Casino.

A full summary of the accident can be found here.

According to witnesses and the review of evidence located at the scene, a BMW was turning left from Siren’s Cove Boulevard to northbound Las Vegas Boulevard.  The driver of the BMW, who appears to be from Las Vegas, lost control of his vehicle and struck as which was abiding by traffic laws at a light signal.  All three individuals in the taxi cab were injured and taken to an area hospital.  One passenger in the taxi suffered severe injuries which are considered to be life threatening.

According to Metro Police, the driver of the BMW failed field sobriety tests administered at the scene of the accident.  He was then arrested for Driving under the Influence of Alcohol/DUI and was transported to a local detention center.

While all arrests and convictions for DUI in Las Vegas (and throughout Nevada) are serious, it is important to remember that there are certain scenarios make a “typical DUI” far more severe in the eyes of the law.  Not all DUI crimes are the same and there are several different types of DUI in Nevada.  In the situation outlined above for example, the driver who is under the influence and is the cause of an injury to another driver or a pedestrian, makes the crime for more egregious under Nevada law.

While a typical arrest for a DUI is misdemeanor offense, an arrest for Driving under the Influence resulting in Substantial Bodily Harm or Death is a Felony.  Unlike many other felonies, a DUI causing harm or death carries a MANDATORY PRISON SENTENCE.   Nevada Revised Statute (“NRS”) 484C.430 outlines the penalties Driving under the Influence Resulting in Substantial Bodily Harm or Death.  It states that any driver who is in actual physical control of a vehicle on any public road or highway in Nevada and is the cause of the death of, or substantial bodily harm to another person is guilty of DUI Death/Harm.  This offense is a very serious crime and is categorized as a category “B” felony.  While all felony crimes carry with them the potential for a prison sentence of more than one year, most crimes allow for the person to be punished under “supervised release” or “probation.”  DUI resulting in Substantial Bodily Harm or Death however is different.  A person convicted of this crime must be sentenced to prison and is not eligible for probation.  The sentence is not a light one either.  If a person is convicted they face 2-20 years in Nevada State Prison and a fine of between $2,000.00 and $5,000.00.

If you, or someone you know, has been arrested or charged with a DUI in Las Vegas, or elsewhere in Nevada, you should immediately call an experienced and knowledgeable DUI Defense Attorney to help you with these very serious charges.  At the Las Vegas Law Firm of Hofland & Tomsheck, we specialize in the defense of these crimes and the intricate issues that present themselves in these cases.  Attorney Josh Tomsheck, a partner in the firm, is a Nationally Board Certified Criminal Defense Trial Attorney and is a member of the National College for DUI Defense.  Contact us today and allow us to help you with your case right away.

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DUI and the Constitution. How Driving under the Influence is different than every other crime.

Being arrested for a DUI (Driving under the Influence) is perhaps the most commonly charged criminal offenses in all of Las Vegas.  The reason this crime is so commonly charged is two-fold.  First, law enforcement actively pursues arrests in this type of offense.  While there are no “robbery or rape patrols” there are DUI patrols with special units of officers dedicated to only the arrest of drivers who have been drinking.  Secondly, while most individuals are generally law abiding, there are not many among us who couldn’t have been arrested for driving under the influence at some point in our lives.

So, what happens when you are arrested for DUI?  When law enforcement pulls over a driver and determines that the person behind the wheel is impaired, they are immediately arrested.  In Nevada, when someone is arrested for DUI pursuant to a breath test sample in excess of .08%, the person is not only arrested, but their Nevada Driver’s License is immediately confiscated by the arresting officer and the driver is handed what is commonly called a “pink sheet,” or more precisely a “Officer’s Certification of Cause and Notice of Revocation or Suspension” form.  This paper means two (2) things.  First, it means that the Officer has determined that there is probable cause to arrest the driver, in the form of a breath test in excess of .08%, meaning that (in the officer’s opinion) the driver should lose his or her privilege to drive.   Secondly, this paperwork serves as the driver’s license (remember that the police officer will physically take the driver’s license) for a period of only seven (7) days before the driver’s license is revoked by the DMV.

Most drivers in this position are arrested and given a date to appear for Court following this example.  What many drivers don’t realize however is that this arrest triggers two (2) very difference procedures.  Obviously, this kind of arrest leads to a criminal case in a Court of law… meaning that the driver will face charges and needs a qualified lawyer to represent them in Court.  What many drivers fail to realize however, is at the precise same time (and in most cases earlier) the Department of Motor Vehicles (DMV) will initiate an administrative procedure to revoke the driver’s privileges and ability to drive.

In other words, unlike almost every single other criminal violation, the driver, even though he or she only drove once, is not only prosecuted in the Courts, but he or she is “prosecuted” for driving with a breath alcohol concentration in excess of .08% by the DMV.

While Nevada law dictates that a driver who loses his or her
driving privileges in an administrative DMV proceeding cannot have his or her driving privileges revoked a second time after being convicted criminally for a DUI offense (note that there is a 90 day administrative DMV revocation for a .08% violation for DUI as well as a 90 days revocation for conviction under the criminal statute – – however the driver cannot be revoked twice for both offenses, just one single time) the driver still will face a substantial punishment in the form of classes, victim impact panels, mandatory fines, even jail time.

While in virtually every other situation the constitutions of both the United States and Nevada dictate that a person can only be prosecuted for a single crime once and the 5th amendment of the United States constitution explicitly states that no person shall “be subject for the same offense to be twice put in jeopardy of life and limb,” when it comes to DUI, the constitutional protections of citizens are generally thrown out and ignored by the legislature.

In addition, the laws as they related to DUI offenses in Nevada (and virtually every other state) dictate that when a person is over .08% in their blood or breath, they are “per se” intoxicated.  In Nevada, a person can be arrested, charged and even convicted if their blood or breath sample is over the legal limit, even if they have exhibited no signs of impairment.  However, the driver can still be convicted without ANY forensic sample, from blood, breath or urine showing any level of alcohol in the body.  Unlike almost every other type of criminal allegation, the law says it’s “OK” to prosecute a driver under both theories at the same time.

This dichotomy of allowing a State to punish a driver by two (2) different methods (the DMV proceeding and the Court proceeding) as well as the State’s ability to bring charges in Court by more than one theory, is unique to DUI law.  These difficult issues of law require expert defense.

Because the area of DUI law presents this, and many, many other unique circumstances – coupled with the fact that an arrest and conviction for DUI can lead to permanent consequences for the person convicted, you need to consult with a knowledgeable and experienced DUI Defense attorney right away.  In some cases you only have a week from when you are arrested to save your right to drive and fight your DMV revocation.  Act now and contact us today.  While no criminal case outcome can be guaranteed, at the law firm of Hofland & Tomsheck we have a long track record of achieving positive outcomes for our clients including the reduction and altogether dismissal of DUI charges.  Contact us today and let us start fighting for you.

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Biking: A Good Alternative To Driving My Car While Under The Influence?

Summer 2014 is here! The summer brings BBQ’s, parties, boating, beach time, Sunday Fundays, cold beers and margaritas, and lots of fun times. It is important, however, to plan ahead so your fun does not end with criminal charges.

Often, people use their bikes as transportation when they know they are going to be drinking alcoholic beverages thinking it will prevent them being arrested for drunk driving. But, they are still at risk of being arrested and here is the law.

If the bike can be propelled, moved, or drawn upon a highway, such as a motor bike, you can be charged with driving under the influence of alcohol, drugs, or a combination of both. All the penalties of a standard drunk driving offense involving an automobile would apply. However, if your bike is self-propelled, you will not be subjected to the DUI statutes. Instead, you can be charged with BUI or CUI, biking or cycling under the influence, under California Vehicle Code Section 21200.5.

This code section specifically states: “…it is unlawful for any person to ride a bicycle upon a highway while under the influence of an alcoholic beverage or any drug or under the combined influence of an alcoholic beverage and any drug. Any person arrested for a violation of this section may request to have a chemical test made of the person’s blood, breath, or urine for the purpose of determining the alcoholic or drug content of that person’s blood…”

The biggest difference between a DUI and a BUI is that there is no specific blood alcohol limit in a BUI case. In a criminal DUI matter, the “Per Se” limit is a .08. Also, the penalty for a conviction for BUI is a fine of not more than $250.00, which is a substantially lesser penalty than in a standard DUI case.

Riding a bicycle while under the influence is a hard case for the prosecutor. These cases can be attacked on several fronts. If you have been arrested and/or charged with riding a bicycle while under the influence, you deserve to hire the Law Offices of Susan L. Hartman, an exclusively DUI defense firm that will aggressively defend your case.

We offer a free, confidential consultation. Contact the Law Offices of Susan L. Hartman today at 619-260-1122 or use the “Contact Us” form on this page.

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Driving Under the Influence of…Food

I’ve written in the past about the focus on the relative dangers of impaired driving due to alcohol versus impairment from drowsiness, texting or talking on a cell phone.  Thanks to Mothers Against Drunk Driving, DUI has been demonized and the penalties have become Draconian.  But studies show the dangers from distracted driving can be at least as dangerous — yet this type of conduct is common and punished with a slap on the wrist — if at all.  See, for example, Drunk Driving vs Distracted, Drowsy or Drugged Driving, Inebriated or Texting: Which is More Dangerous When Driving?, Driving Under the Influence of…a Cell Phone and Losing Sight of the Goal. 

Now another form of impaired driving has been shown to be possibly more dangerous than drunk driving.

Eating While Driving Riskier Than Being Legally Impaired by Alcohol or Texting

Great Britain. May 7 — Would you believe that eating food while at the wheel of a vehicle could be more dangerous than drinking or texting while driving?

According to a study by the University of Leeds called “Two Hands Better than One,” this is exactly what researchers found based on observation of test subjects operating driving simulators.

The UK researchers measured reaction time while drivers negotiated virtual vehicles, and as it turns out, eating increased response times by 44 percent.

In contrast, texting increased reaction time by 37 percent, and drinking a non-alcoholic beverage from a can or bottle increased reaction time by 22 percent.

And what about the one driving no-no that that nearly everyone agrees is undesirable – drinking alcohol and operating a vehicle?

Drivers asked to operate the simulator who were at the U.S. “legal limit” of .08 percent blood alcohol content increased reaction time by 12.5 percent…

Common sense dictates that drivers can compound their chances for an accident if they do not self-govern and recognize their limits. And as the study indicates, a distraction can come in several forms – even ones that have been considered benign…

Much more could be said about this subject which the U.S. Department of Transportation has been up in arms about in recent years, labeling distracted driving an “epidemic.”

Maybe someone should remind MADD that the goal is saving lives — not returning to Prohibition.

This entry was posted on Saturday, May 12th, 2012 at 10:49 am and is filed under Duiblog. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

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Why You Should Fight Your California “Driving Under the Influence of Drugs” Charge

As is most often the case with a holiday weekend, California law enforcement officers stepped up their patrols this past weekend. Not only were they operating a number of DUI / driver’s license checkpoints but they were also engaging in roving DUI saturation patrols. If you were unfortunate enough to be arrested for driving under the influence of drugs, here are a few reasons why you should definitely fight the charge.

First, because of the fact that it was a holiday weekend, officers were expecting drivers to be under the influence. This inherent bias can easily lead to incomplete or shoddy investigations…investigations that lead to an illegal or hasty arrest. We will highlight the officer’s bias to prove that…in the officer’s eyes…you were guilty from the word go.

Second, unlike a DUI involving alcohol…where the jury typically sees a blood alcohol reading…allegations of driving under the influence of drugs “DUID” are often more difficult to prove. Even if there was a blood test that revealed drugs in your system, that doesn’t mean that you were under their influence at the time of driving. We know the most persuasive arguments to convince prosecutors, jurors and judges that innocent explanations such as fatigue, anxiety or illness could have been responsible for your alleged impairment.

Third, even if it appears that you were guilty of the offense, if we can present proof that the collection, storage or analysis of your blood test was improper, the prosecutor will likely reduce or even dismiss your charges.

These are just a brief sample of why it is important to fight a California “driving under the influence of drugs” charge. The fact is that there are countless other defenses that…depending on the specific facts of your case…may also be applicable. Don’t assume that just because you were arrested for DUI means that you must be convicted of DUI because it just isn’t the case.

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Broward DUI Lawyer: Driving Under the Influence on a Bicycle

In the state of Florida -- surprisingly -- courts have ruled that it is possible to be arrested and convicted of DUI on a bicycle, says Fort Lauderdale DUI lawyer Moore. There are no precise figures available, but arrests of individuals riding a bike while (allegedly or actually) under the influence of alcohol or other substances are more common than one might imagine.

Implied consent is not applicable for a bicycle DUI. Implied consent refers to the fact that the operation of a motor vehicle -- generally a car -- on the roads in Florida necessarily means that the operator has consented to certain DUI testing when requested by a law enforcement officer, says Fort Lauderdale DUI lawyer Moore. Most often, this means a breathalyzer test.

The relevant section of the Florida statute states that committing a DUI involves a “vehicle,” which has been interpreted very broadly since its enactment A bicycle is not a motor vehicle, but can be taken on the public streets and roadways. There is also a colorable argument that bicycles, sharing the streets with cars, can pose a hazard to the safe flow of traffic and pedestrians if an operator is impaired, according to Broward DUI attorney Moore.

For purposes of driver’s license suspension, the DUI must be in a motor vehicle, such as a car. The courts are split as to whether the typically mandatory driver’s license suspension periods are required when the DUI did not occur on a motor vehicle.

The third District Court of Appeals in the state of Florida dealt with this issue in 1987. The DCA concluded that, based on the statute, the Florida legislature had a broad definition of vehicle in mind when enacting the statute. Interestingly, the Florida Supreme Court has not weighed in on whether a DUI can be committed on a bicycle, and this opinion remains that legal standard as the only appellate opinion on the issue in this state.

A survey of other states shows that they have taken a varied approach. A number of jurisdictions have maintained that a DUI can only be committed on a motor vehicle, which can be more than just a car or truck. For instance, hooking up a lawnmower engine to a living room recliner and driving it around could result in a DUI arrest. Other states include non-motor vehicles, such as bicycles and even individuals who are riding on horseback.

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Driving Under the Influence & Prescrption Drugs -- Broward DUI Attorney

Alcohol consumption is not necessary for a person to be arrested and convicted of driving under the influence, says Broward DUI lawyer William Moore. Alcohol is easier to quantify through the use of a breath test. Although urinalysis can detect the presence of drugs, the test does not show the amount that was present in a person’s system at the time of the test. Only a blood test quantifies the amount.

In cases where a blood test was actually obtained, the results will usually be interpreted by a toxicologist, who will be called by the state to testify regarding the substances actually present as well as the amount of the drugs present. For example, just knowing that a driver had a breath test of 0.02 -- well under the per se limit of 0.08 at which the law presumes a driver to be too impaired to operate a motor vehicle -- combined with the presence of Xanax in the body is insufficient to prove a DUI. However, if a toxicologist is present with the results of a blood test, that information can be key for a jury to make a decision regarding a person’s guilt. If the Xanax was at therapeutic levels, or the level generally prescribed by a physician, the person is less likely to be found guilty of driving under the influence. If, however, the levels are several times higher than the therapeutic dose, the case is more difficult. This is particularly true where the blood test results conflict with statements made by the defendant following his arrest regarding how much Xanax he took.

Generally, the police will also need a reason to request testing beyond a breathalyzer. For a urine test, there must be probable cause to believe that the person has drugs in his or her system. Blood draws are more complicated. The first reason a police officer can require a blood draw, even forcible, is following an accident with a fatality or where there were serious bodily injuries. The second would be where it is impractical to use a breath test, such as a driver who is unconscious or is being treated in a hospital. The third way for a blood draw to come about is if the driver consents to it, after being informed that it is an alternative to a breath test. Drivers do not have a choice of test, even though there is evidence that blood tests are more accurate than the breathalyzer machine, notes Fort Lauderdale DUI lawyer Moore.

Article provided by Mallory Lynn, Esq.

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